Citizens not from EU and EEA countries

For entry into the territory of the Federal Republic of Germany, citizens from non-EU/EEA countries require a valid passport or equivalent and visa documentation, if relevant. Because of the association agreement between the EEC (European Economic Community) and Turkey, Turkish citizens have a right of abode and are exempted.

The missions abroad, or embassies and consulates, are responsible for issuing visas and visa affairs abroad. The “Auswärtige Amt” (German Federal Foreign Office) provides information on the locations of the German missions abroad. Should you come from a country in which the Federal Republic of Germany does not have a mission, you need to apply for residence authorization from the Immigration Service of the Foreign Office in Berlin.

The German immigration authorities are responsible for all questions concerning residents' rights. The competent local immigration authority is determined by the actual or intended place of residence of the foreign national. All extensions and changes to residence authorizations must be applied for at the local immigration authority.

Foreign nationals are only allowed to work if their visa permits it, the documentation will clearly state if the holder is allowed to work.

Visas (§6 Residence Law)

Visa documentation

Visa documentation can be issued as a visa (§6 of the Residence Law/AufenthG), as a residence permit which is valid for a restricted period of time (§7 of the Residence Law/AufenthG), or as a permanent residence permit (§9 of the Residence Law/AufenthG).

Visas are independent documents, which confer rights upon their holder. They are issued by embassies and consulates as a Schengen-visa for the purpose of transit, a Schengen visa for stays of up to three months, or a national visa for long-term stays abroad. These visas cannot be extended during your stay in Germany, except under special circumstances. The German Federal Foreign Office provies a list of countries for which a visa is or is not required in order to enter Germany.

Germany uses a number of different visas, each serving a different purpose. These visas or residence titles have different conditions, which differ depending on the desired activities in Germany. These may apply, for example, if you are searching for employment, education, training or planning to enter Germany as a researcher.

The Website “Make it in Germany” outlines the process of applying for a visa and entering Germany.

Visas, short or long term, and residence titles

Short stays (for example, for business purposes)/Visitor Visas

Should you be staying short-term in Germany (up to three months within a period of six months), it is not permitted for you to take up work on a self-employed basis. Your visa can, however, be used to hold talks or negotiations on federal German territory or to conclude business deals such as the signing of a contract.

You need to provide proof of the fact that the cost of your stay in Germany will be financially covered. You are not allowed to claim any German public money for the purpose of your visit. If you are unable to finance your journey and/or stay, then a host, who is resident in Germany, can agree to cover all the costs that arise from your stay, including any medical costs which may arise. In accordance with §§66 ff of the Residence Law (AufenthG), the German immigration authorities in the area of residence of the host are responsible for registering such an undertaking.

Long Term stays

In the case of an intended stay that is to last longer than three months, the local immigration authority in Germany becomes involved. If there is an intent to engage in remunerative work, the local employment office will also be involved. To ensure that the correct procedure is carried out, it is important that the intended purpose of the stay is truthfully stated during the application process. After entry into Germany, a residence permit for a different purpose will only be issued in exceptional circumstances. Make it in Germany offers information on the application process for a long-term stay in Germany.

Citizens of the following countries are able to apply for a residence permit after entering Germany:

Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand and the USA.

Visa for self-employed work

The Chamber of Commerce and Industry responsible for the locality in question, the relevant private and public sector trade and professional associations, and the authorities responsible for the registration of occupations are involved in making this assessment. When handing in an application, you should submit information about your planned business activity that is as comprehensive as possible. This will lead to a shorter processing time.

Work on a self-employed basis

Every permissible self-employed activity, with the purpose of generating profits, is classified as such if it is engaged in for a certain period of time and does not constitute an employment relationship.

Typical self-employed activities are, for example:

wholesale and retail
import/export
owning a restaurant
acting as a commercial agent etc.
producers

In addition, freelance workers, such as artists (painters, musicians, writers), journalists, engineers, architects, and businesses in the primary sector of the economy e.g. agriculture and forestry should be seen as “self-employed”. Make it in Germany also offers information on visas for self-employmed persons.

Self-employed persons are also those in:

a limited partnership – every ordinary partner within the limited partnership
an unlimited partnership – each individual partner
a company constituted under civil law – each individual partner because partnerships cannot themselves be regarded as traders

Paid employment that is comparable to self-employment is treated as such by the nature of the duties that are performed. Examples are managing directors of private limited companies or directors of public limited companies, who are entitled to represent juristic persons. Likewise, the authorized representatives of companies and also senior managers who have full power of attorney are treated as if they were self-employed by the nature of the duties they perform. As part of the procedure for registering a private or public limited company with the commercial register the local magistrate’s court will also run background checks. They will check whether a foreign national, who is ordinarily resident in Germany and who has been appointed as a company’s lawful representative, is in possession of authorisation from the immigration authorities as would be necessary for engaging in work on a self-employed basis.

People employed in travelling occupations

In principle, permission to carry out employed work in travelling occupations must be obtained (travelling occupation card). Such work is treated by immigration law as self-employed work. Irrespective of the person’s nationality or the length of their stay it is always to be seen as remunerative work.

Financial stake in a company

In principle, a financial stake in a company is not to be regarded as remunerative work. This is just as true for the dormant partner as it is for the limited partner in a limited partnership. As a rule, this also applies to someone who holds a minority interest in a private limited company. If you exert influence on the company’s decision-making, on the basis of your shareholding in the company, then immigration law assumes that this activity is “comparable to self-employed remunerative work”. In this case, as a majority shareholder, even without being the managing director yourself, you are treated under immigration law as a self-employed person.

For further information please contact us.

Visas for Students

It is possible to obtain a visa for the purpose of study in Germany. There are, however, prerequisits that musst be fulfilled in order to obtain such a visa. Aside from having to have been accepted into a study programme, you must be able to prove that you are able to cover all expenses for the duration of your stay. In addition, you may have to fulfill certain langauge requirements. For further information on student visas, please visit the page make it in Germany.