By Jaberi Lawyers – Where Immigration Meets Expertise
Germany remains one of the most attractive destinations in the world for entrepreneurs, investors, and freelancers looking to expand or launch their ventures in a stable, innovative, and business-friendly environment. With its strong economy, excellent infrastructure, and international workforce, Germany offers a variety of immigration pathways under the Residence Act (AufenthG), particularly § 21, which governs self-employment, startups, and freelance activities.
At Jaberi Lawyers, we provide tailored legal support for individuals and companies worldwide who want to establish themselves in Germany. Whether you are an entrepreneur with a bold idea, an investor seeking opportunities, or a freelancer offering professional services, we guide you from the first consultation to residence permit approval.
1. Self-Employment Residence Permit (§ 21(1) AufenthG)
Non-EU nationals can apply for a residence permit for self-employment if their business meets the following criteria:
- Economic interest or regional need exists for the proposed activity.
- The business is expected to have positive effects on the German economy.
- Financing is secured through personal capital or reliable loans.
When evaluating your application, German authorities assess:
- The sustainability of your business plan
- Your professional and entrepreneurial experience
- The amount of capital invested
- The impact on job creation and vocational training
- The contribution to innovation and research
Special requirement: Applicants over 45 years must show adequate retirement provisions (e.g., pension plans, assets, or business equity).
⏳ Validity: Residence permits for self-employment are usually granted for up to three years. If your business is successful and your livelihood is secure, you may apply for a settlement permit (permanent residence) after just three years.
2. Startup Residence Permit (§ 21(2b) AufenthG – “Startup Visa”)
Germany recognizes the importance of startups in fostering innovation. Under § 21(2b):
- A qualified professional can apply for a startup visa if they receive a scholarship or grant from a German economic organization or publicly funded institution to cover living expenses while developing their business.
This residence permit is issued for the duration of the grant, up to 18 months. It provides a bridge for entrepreneurs to transform innovative ideas into successful businesses.
3. Freelancer Residence Permit (§ 21(5) AufenthG)
Freelancers play a crucial role in Germany’s economy, particularly in the liberal professions. These include:
Doctors, dentists, physiotherapists, psychologists, tax advisors, auditors, lawyers, engineers, architects, interpreters, translators, artists, journalists, IT specialists, and other creative or intellectual service providers.
To qualify for a freelance residence permit, applicants must show:
- Proof of sufficient livelihood and financing
- Any required professional licenses or authorizations
- Valid health insurance
- Retirement provisions if over 45 years old (with certain national exemptions)
⏳ Validity: Freelance permits are generally issued for up to 3 years and can be extended. Permanent settlement can be achieved after 5 years.
4. The Importance of a Strong Business Plan
Your business plan is at the heart of your visa application. Immigration authorities, chambers of commerce, and consular officers expect a clear and comprehensive plan that demonstrates how your venture will succeed in Germany.
A strong plan should include:
- Business model and company structure (e.g., GmbH or AG)
- Market and competition analysis
- Investment and financing strategy
- Job creation and innovation potential
- Revenue and growth projections
At Jaberi Lawyers, we work closely with clients to craft detailed, persuasive business plans that meet German immigration standards and increase approval chances.
5. Company Formation by Foreigners in Germany
Germany imposes no nationality restrictions on company formation. Foreign entrepreneurs enjoy the same rights as German citizens in establishing businesses.
The most common legal forms are:
- GmbH (Gesellschaft mit beschränkter Haftung) – Private limited liability company, flexible, and popular with foreign founders.
- AG (Aktiengesellschaft) – German stock corporation, intended for larger enterprises with many shareholders.
Formalities differ depending on company type, but typical steps include:
- Drafting articles of association
- Registration in the commercial register
- Trade office registration
- Opening a business bank account
We assist you with every step, from company registration to tax and shareholder liability matters.
6. Residence & Entry Options
Depending on your goals, you may need:
- Schengen Visa – Short-term stay up to 90 days (business meetings, notarization, registrations, account opening).
- National Visa (D-Visa) – For long-term business establishment.
- Temporary Residence Permit – For self-employment, startups, or freelancing.
- Permanent Settlement Permit – For long-term residence and full access to the German labor market.
Who needs a residence permit?
- EU/EEA/Swiss citizens: No residence permit required.
- “Best friends” countries (USA, Canada, Australia, Japan, Israel, Brazil, etc.): May enter visa-free for 90 days and apply for a residence permit directly in Germany.
- All other non-EU citizens: Must apply for a national visa before entering Germany.
7. Why Germany for Business Immigration?
Germany is widely regarded as one of the world’s startup and investment hubs.
- Over 16 million residents have an immigration background, including ~7 million foreign nationals.
- Around 10% of startup founders and 22% of employees come from abroad.
- Venture capital investments in German startups continue to rise, with growing interest from the US, Asia, and the Middle East.
With its stable legal system, central European location, and access to the EU single market, Germany remains one of the best places worldwide to expand your business.
8. Settlement and Naturalization
- Self-employed entrepreneurs: Settlement permit possible after 3 years of successful business operation.
- Freelancers: Settlement permit available after 5 years.
- Naturalization: Permanent residents may qualify for German citizenship after 5–8 years, depending on integration achievements.
9. How Jaberi Lawyers Can Help
Immigration by investment and self-employment is not just about paperwork—it requires strategy, compliance, and strong representation. At Jaberi Lawyers, we provide:
- Individual case analysis
- Business plan drafting and review
- Guidance on company formation and legal structures
- Representation before German embassies and immigration offices
- Long-term support through settlement and naturalization
With us, consulting is more than giving advice—it’s partnership and expertise.
Contact Jaberi Lawyers
Headquarters
Afrikahaus Große Reichenstraße 27
20457 Hamburg
+49 (0)40 413 499 87
contact@jaberilawyers.com
Branch Office
Große Gallusstraße 14
60315 Frankfurt am Main
+49 (0)69 989 727 302
contact@jaberilawyers.com
Start your journey to Germany with confidence.
At Jaberi Lawyers, we stand by your side—from idea to business success.
