Residence permit for freelance employment activity
General information
Residence and work permits for third-country nationals
Third-country nationals from countries that are not members of the European Union usually require a residence permit to carry out a self-employed activity in Germany with the relevant work permit.
If a self-employed person is not already living in Germany with a residence permit, the issue of the residence permit is usually preceded by the entry to Germany on a corresponding visa which should be applied for from the relevant German diplomatic mission in the country of origin.
Nationals from Australia, Israel, Japan, Canada, South Korea, New Zealand and the USA can apply for the residence and work permit (without prior visa procedure) and before taking up the self-employment or freelance work, directly in Germany.
Residence permit for a self-employed activity
If you would like to carry out a self-employed scientific/academic, artistic, literary, teaching, educational or other kind of self-employed activity (see catalogue of professions in § 18 Section 1 No. 1 Paragraph 2 of the Income Tax Regulations - EstG), it may be possible for you to apply for a residence permit according to § 21 Section 5 Residence Act (AufenthG).
This is a residence permit that is limited to a maximum of three years and which allows you to carry out a specific self-employed activity. An extension of the residence permit is possible as long as the fundamental requirements continue to apply.
Legal basis
§ 21 Section 5 Residence Act
Documents/ forms to be submitted
You can submit this application completely online. If you are not able to use the online application, please use the "Residence permit application/Application for renewal of a temporary residence permit" (PDF 227 KB) and submit the documents by mail.
- Description of the planned self-employed activity (see below) - filled in and signed
- Passport (copy)
- Entry visa, if available (copy)
- Proof of ability to secure living costs - agreement of remuneration, income tax official notices - for times in which no income tax official notification is available: profit determination in table form (the form "Establishing profit from freelance activity (see below") can be used.) including relevant invoices/bank statements
- Proof of current health insurance coverage
- in the case of statutory health insurance: informal letter from the health insurance company
- in the case of private health insurance: Certificate of insurance (see below)
- Proof of a pension plan, from the age of 45 years (copy)
- Current (sub)rental contract including proof of monthly rent costs (current bank statement) or costs of the property you are living in (copy)
These are the documents which are normally required. In individual cases, further documents can be necessary.
Deadlines/ processing time
After the documents have been submitted in full, the processing is usually complete within three months. The duration of the procedure is dependent in part on the participation of specialist organisations.
Process and procedure
Please submit your application and related documents via online application. You will be invited to collect your biometric data after a decision has been made on your application. After the decision about your application, you will be invited to have your biometric data recorded.
Costs and fees
93 euros to 113 euros
Payment possibilities:
- Paying by cash
- Paying by EC card
Paying by credit card is possible.
Special requirements
Appropriate pension plan
Foreigners who are already over the age of 45 years must be able to prove they have an appropriate pension plan. Entitlements to German and foreign retirement pension systems, private pension or life insurance and/or property and other assets are taken into account.
For the following nationality, evidence of a pension plan is not required:
- Dominican Republic
- Indonesia
- Japan
- Philippines
- Sri Lanka
- Turkey
- United States of America
For a permanent settlement permit it is however always necessary to prove you have an appropriate pension plan - independent of your age and nationality.
Health insurance protection
The health insurance protection must cover all risks and include the following services according to German statutory health insurance: medical and dental treatment, provision of medicaments, surgical dressings, medical aids, hospital treatment, medical services for rehabilitation as well as services during pregnancy and birth (only women).
Pension insurance for self-employed persons: Obligatory or voluntary?
Even if statutory pension insurance is not obligatory for self-employed persons, some self-employed people are obliged to pay into the statutory pension insurance scheme. You can find out whether you are obliged to insure yourself owing to your self-employed activity from the Deutsche Rentenversicherung.