Visas for Running the Business On-Site

A residence permit (Aufenthaltserlaubnis) is required by all foreign nationals from outside the European Union, the European Economic Area (EEA), or Switzerland who intend to stay in Germany for more than 90 days. The residence permit is limited in time and issued for a specific purpose (such as taking up work).

Please also refer to:

Anyone intending to run a business on-site in Germany is considered self-employed and has to apply for a residence permit for the purpose of self-employment (Aufenthaltserlaubnis für selbstständige Tätigkeit).

The permit includes both the right of residence in Germany and the permit to work in a self-employed capacity and is issued as a single document by the responsible visa-issuing authority (generally the German Embassy or German Consulate General of the respective home country).

A residence permit for the purpose of self-employment will usually be granted if

• at least EUR 250,000 is invested and
• at least five new jobs are created.

Where these standard requirements are not met, a residence permit for the purpose of self-employment may nevertheless be granted. In such cases, German authorities, i.e. the responsible local foreigners' registration office (Ausländerbehörde) together with local Chambers of Commerce and Industry (Industrie- und Handelskammer, IHK), will assess the underlying business idea.

For more information on how to apply for a residence permit, please refer to:

Foreign entrepreneurs are considered self-employed if they intend to hold positions such as:

• entrepreneurs (including freelance activities)
• managing partners or employed managing directors (Geschäftsführer) and representatives of a company’s German branch office (depending on the individual contract)
• executive board members of stock corporations (AG)
• authorized signatories (Prokurist)
• senior executives with powers of representation
• majority shareholders of a GmbH

A (permanent) settlement permit (Niederlassungserlaubnis) is unrestricted in time and place and automatically includes the right to take up gainful employment. It is issued if a foreigner has been in possession of a residence permit for five years.

Self-employed foreigners may be granted a settlement permit after only three years if the foreigner has successfully realized the business idea and his or her livelihood is secured.