Residence permit in Germany and business immigration.
Views: | Created: 12/19/2011 4:55 PM | Personal categories: Business immigration to Germany.
Residence permit in Germany:
1. The conditions of the law granting a residence permit through business immigration:
When making a positive decision in satisfying the statement of the company’s managers in obtaining a residence permit, the law is guided by the following indicator:
1. a minimum investment of 250 thousand euros;
2. minimal creation of 5 workplaces;
�21 of the law of stay: “Die Voraussetzungen des Satzes 1 Nr. 1 und 2 sind in der Regel gegeben, wenn mindestens 250 000 Euro investiert und fuenf Arbeitsplaetze geschaffen werden.
The following conditions or recommendations must also be fulfilled:
– feasibility of the business idea embedded in the project;
– entrepreneurial experience of the applicant;
– the amount of capital invested by the applicant (see above);
– scientific and innovative value of the project;
– the possibility of creating new working and student places;
In order to sum up the above: “Foreign entrepreneurs who operate in Germany can obtain a residence permit (Aufethaltserlaubnis) under certain conditions. The German law “On Stay, Work and Integration of Foreign Citizens in Germany” (Aufenthaltsgesetz) enables foreign entrepreneurs to obtain a residence permit with the prospect of subsequently acquiring German citizenship. A foreigner may obtain a residence permit for the purpose of conducting independent activities if it is of sufficient interest to the German economy or satisfies the special economic needs of a certain region of Germany, it is expected to have a positive impact on the economy and, at the same time, financing of activities with the help of own or provided of credit capital. Initially, the residence permit for a foreign businessman can be issued for a period of one year, then – extended for another two years. But maybe even issued at once for three years – it depends on the fulfillment of the prerequisites we indicated above and on the decision of the official. After the expiration of three years of residence in Germany and subject to successful business development, an entrepreneur can apply for an indefinite residence permit (Niederlasungerlaubnis). Together with the entrepreneur, his family members receive a residence permit. ”
It is optional, at the time of application to the embassy by the head of the firm, the fulfillment of the above requirements for investment and job creation, but the trend towards the fulfillment of these requirements must be shown, including the source of further investments (credit lines, bank accounts).
Preparation and preparation of the business plan (see Steps 2-3), taking into account the company’s activities for 3 years of the project, involves the presentation of the business idea of the planned business in Germany and is a very important stage in the solution of the “cherished” goal. This business plan must comply with the requirements of the above law, which in turn regulates business immigration and is submitted to the Senate for Economics or the Department of Economic Development of the land / city of registration of the company. The official of this agency makes its assessment, which is the starting point for the decision by the foreign affairs department in satisfying the head’s application for a residence permit in Germany.
It is advisable to start the compilation of a business plan when the firm:
– has working and concluded contracts and agreements;
– profits and movements on the balance sheet;
– analysis of the tax adviser on the economic activities of the firm for a certain reporting period;
– created jobs (2 enough);
– agreements with banks on lending to business projects;
– acquired movable and immovable property by the firm.
Also, it is necessary to provide documents of the company’s managers:
After the preparation of the business plan and the complete preparation of the package of documents for submission to the embassy, we fill in the necessary applications, which together with the above-mentioned package of documents are submitted to the German Embassy. On the basis of filing of the application under �21 you are given a number and these documents are forwarded to the relevant department for foreigners at the place of registration of the company in Germany.
From this moment we start working with the above-mentioned agency in the decision of the purpose of the statement of the head of the firm.
At the stage of company registration (see above), we check the planned activities of the company for additional permits and licenses. The firm can initially be entered in the register only with those kinds of activities that do not fall under the above-mentioned permits and licensing. To obtain a residence permit with the right to work in your company, only the type of activity planned by you in the direction of patenting is inadequate. If you carefully study the prerequisites for obtaining a residence permit, you will see the importance in the regional interest …
Our customers who have acquired the desired status get: hotels, restaurants, open production, buy real estate for further reconstruction and leasing, supply seafood, etc. to Germany and Europe … And this does not mean that all who received a residence permit through �21, produced, at the time of application, in full (see above) investments and created 5 jobs. We need to show the positive trend of your business development not only in the business plan itself, but also at the beginning of direct investment and the beginning of job creation.
The founders and the head of the firm have the right, after the registration of the firm, in obtaining a business multi-visa, but without the right to live and work in Germany.
When the head of the company receives a residence permit, members of his / her family (+ minor children) are entitled through family reunification and fulfilling the necessary requirements of the legislator to obtain a residence permit in Germany with the right to work and for a period of 1 to 3 years. After a three-year stay in Germany and meeting the necessary requirements of the legislator – the head of the company and his family members have the right to obtain an indefinite residence permit in Germany. After 8 years of common residence in Germany, respectively, citizenship, but in this case, it will be necessary to abandon the previous one.
Optionally, at the time of applying for a residence permit in Germany to invest 250 thousand euros and create the necessary minimum of jobs, i.e. 5. It is sufficient, according to the above business plan, to start these investments and show the trend of creating jobs.
Comments on the above-mentioned law on the stay of foreign businessmen in Germany and work permit:
In what cases is the head of the GmbH able to obtain a residence permit for the purpose of self-employment?
If the purpose of your stay in Germany is self-employment, you can obtain a residence permit under the following conditions:
a) there should be a higher economic interest or a special regional need,
b) activity should be expected to have a positive impact on the economy and c) funding for the implementation of this activity should be ensured.
own capital or consent to a loan.
The conditions are usually considered fulfilled if you invest at least 250.000 euros and create 5 jobs. In other cases, a permit can be issued on the basis of a positive assessment of the feasibility of the entrepreneurial idea that is the basis of the activity you are proposing, your entrepreneurial experience, the size of the investment, the impact on employment and position in the vocational training system, and your contribution to technological progress and research . In the assessment should participate.
Expert organizations operating in the place of the planned activity, responsible administrative bodies of industrial supervision, public-law.
representation of trade unions, as well as bodies responsible for professional certification.
Persons over the age of 45 must also – as an additional condition for a residence permit – have adequate old-age security.
Subject to the successful implementation of your business idea and the security of your existence, you – in contrast to the general provision for permanent residence – when applying to obtain a permanent residence permit after three (and not five) years.
Special provisions for individual countries.
On the basis of friendship treaties, trade agreements and agreements on the granting of citizenship rights at the place of residence, with reservations about the most-favored-nation treatment or benevolence, – unlike the above-mentioned conditions – you may be issued a residence permit for self-employment if you are a citizen of one of the of the following States:
Dominican Republic Sri Lanka.
Iran United States of America.
Citizens of Bulgaria and Romania can obtain a residence permit for self-employment, as well as for the establishment and management of enterprises on the basis of bilateral treaties concluded between their countries and the EU. The residence permit does not, however, provide for access to the labor market.
In the case of additional questions – always at your service by phone in the Berlin office of our advocacy office: +49 30 31013310; +49 30 310 16 755; +49 30 310 16889; +49 30 310 19 625.