In the event of an entrepreneur from a non-European Union state intending to invest and develop business projects in Germany the question arises as to whether this activity is subject to a residence permit and if so, how such a permit may be obtained.
A residence permit will be required if an foreign entrepreneur intends to spend more then 90 days within six month continuous period in Germany in order to complete a project. This applies in particular when an entrepreneur along with his whole family is currently domiciled in Germany. The foreign entrepreneur will in most cases provide freelance related activity, for instance in the case of holding 50% of shares in a limited company in which he has taken up a directorial position. The entrepreneur has to provide a feasible business plan in which he shows that he has “business interests” or “local needs” for providing business in Germany and this activity will have a “positive impact on the economy”. Furthermore, this activity should be self-financed or secured trough loans.
Interestingly these further rules for entrepreneurs have been significantly liberalized during recent years. At the beginning the sum of 500,000 € was required as investment capital, later this amount was reduced to 250,000 € and finaly completely discounted. In the past, at least ten and later five work positions had to be created but currently there is no requirement to establish any work positions at all. Since the middle of 2012, the criteria “business interest” does not nee to be “overwhelming” and the so - called term “local needs” does not to be “significant”. Consequently it has become easier to obtain residence permit and this tendency shows that Germany is increasingly open to foreign investors.
Derra, Meyer & Partners prepare a personally tailored schedule and represent you through the whole proceedings related to residential issues.