With a visa for self-employment, you can realize your start-up project in Munich. Depending on whether you are planning on setting up a business or engaging in a liberal profession, different conditions may apply.
False friends:
The terms “freelancer” and “self-employed” are often confused and used as synonyms. Learn more in our FAQ.
Special regulations apply to certain activities of self-employed work. To find out if the qualifications which you acquired in your home country meet with these requirements, please go to the Federal Recognition Portal.
A. Setting up a business
You can obtain a residence permit for self-employment in accordance with Section 21 (1) or (2a) on the Residence Act (“AufenthG”) if the business activity
- meets special regional demands or coincides with overriding economic interests or is expected to have positive effects on the economy.
- has a solid financial basis (sufficient owner’s equity or a loan commitment)
The assessment of the these requirements is particularly focused on the sustainability of the under-lying business concept, your entrepreneurial experience, the impact on the employment and training situation and the contribution to innovation and research. Your business plan and the additional documents have to prove that you meet all these requirements. It is therefore vital to ensure that you have a comprehensive, well-prepared business plan which is revealing your in-depth planning: defining concrete measures and action plans for implementation. The business plan needs to be as carefully worked out as if applying for a bank loan.
The Munich Foreigners Office requires the following documents:
- application form (PDF, 242 KB), completed and signed
- valid passport
- a recent biometric passport photo
- proof of housing: Wohnraumbescheinigung (PDF, 64 KB), completed and signed
- health insurance
- detailed outline of your business idea: business plan
- profile of the founder/team including professional skills, personal strengths and industry experience
- market assessment with market potential, target group
- competitor analysis including strengths, weakness, opportunities and threats
- analysis of your location
- company organization and personnel management, legal form, organization chart, workflow management, personnel structure
- risk analysis
- details and time frame regarding the number of jobs and training positions to be created
- Financial planning for three years consisting of a capital requirements plan, costs (buffer) for the start-up phase, revenue and profitability forecast, liquidity planning, detailed explanations on your calculation base
- Documentation of the intended capital input, where necessary the amount of owner’s equity such as bank statements, confirmation of your bank and the amount of borrowing (loan commitment)
- proof of existing business contacts in Germany and abroad, such as letters of intent, outline contracts, preliminary contracts
- in case staff is hired: job description with detailed information on requirements, tasks, salary, starting date, full or part time
- description how your business idea may contribute to innovation and research (where applicable)
- Detailed curriculum vitae with diplomas, certificates and other evidence of your qualifications and your entrepreneurial experience. Foreign documents require a certified German translation. In some cases a formal acknowledgement of your qualification is required.
- In some cases supplementary documents may be required.
- A fee of currently EUR 100 applies.
Are you older than 45 years of age?
Then you also need to provide proof of adequate old age pension provisions. A pension insurance is for example considered sufficient if it grants a capital amount of minimum 250,000 Euro at the time of retirement. Detailed information can be obtained from the local Foreigners Office.
The Chamber of Commerce and Industry (IHK) for Munich and Upper Bavaria will be involved for a second expert opinion of your business plan. In addition to the documents mentioned above, IHK requires the following documents, according to their checklist (PDF, 77 KB)
- Proof of entry in the commercial register (“Handelsregister”), applies only if the company has already been registered
- Proof of articles of partnership or association (“Gesellschaftsvertrag”) depending on the legal form, does not apply to sole proprietors
The assessment can also involve other competent bodies in the area of your planned activity, for example the Chamber of Skilled Crafts (HWK) for Munich and Upper Bavaria.
B. Start working in a liberal profession
You can obtain a residence permit for self-employment in accordance with Section 21 (5) on the Residence Act (“AufenthG) if your planned self-employed activity solely belongs to the liberal profession. You need to provide
- application form (PDF, 242 KB), completed and signed
- valid passport
- a recent biometric passport photo
- proof of housing: Wohnraumbescheinigung (PDF, 64 KB), completed and signed
- health insurance
- revenue forecast
- Detailed curriculum vitae with diplomas, certificates and other evidence of your qualifications. Foreign documents require a certified German translation. In some cases a formal acknowledgement of your qualification is required.
- proof of sufficient funds to finance your projects.
- letters of intent, preliminary service contracts
- fee contracts
- any licenses required to perform the job in question.
- proof of adequate old age pension provisions (if you are older than 45 years of age).
- A fee of currently EUR 100 applies.
Are you older than 45 years of age?
Then you also need to provide proof of adequate old age pension provisions. A pension insurance is for example considered sufficient if it grants a capital amount of minimum 250,000 Euro at the time of retirement. Detailed information can be obtained from the local Foreigners Office.
What is a liberal profession?
It must be a self-employed academic, artistic, literary, teaching, educational or other self-employed professional occupation in accordance with Section 18 (1) on the Income Tax Act (“Einkommensteuergesetz EStG”). Doctors, dentists, vets, lawyers, notaries, patent attorneys, tax advisers, architects, engineers, business consultants, journalists, interpreters, translators, physiotherapists are all examples of liberal professions.
It is important to clarify whether your planned activity genuinely belongs to the liberal professions. Classification can be difficult and depends on the individual case!
Get advice:
Institute for Liberal Professions (Institut für Freie Berufe)
Startup hotline +49 911 23 565 28, Mon – Fri 09:00 am – 1:30 pm
www.ifb.uni-erlangen.de
C. Information for US citizens and citizens from Japan
According to the website of Munich’s Foreigners Office, citizens of the United States or Japan are not obliged to submit the documents listed above. Instead they are required to provide the following documents when applying for a permit for self-employed work in Munich:
- application form (PDF, 242 KB), completed and signed
- valid passport
- a recent biometric passport photo
- proof of housing: Wohnraumbescheinigung (PDF, 64 KB), completed and signed
- proof of health insurance
- proof of pension provision (compulsory pension insurance contributions or a life insurance policy with sufficient coverage
- proof of sufficient income to earn your livelihood
D. Requirements for international students
Are you an international student who would like to work as a self-employed person while pursuing academic studies? Being third-country nationals, international students need to obtain approval from the Foreigners Office.
According to the Foreigners Office approval may be granted if your self-employed activities
- are related to the field of your studies and
- do not jeopardize the success of your studies
Examples of self-employed activities that are basically structured like dependent employment include work as a “Honorarkraft” (contract work for your university) or a “studentische Hilfskraft” (student assistant at your university). Throughout your studies, you may work 120 full days or 240 half days, in addition to performing student jobs.
The German Academic Exchange Service (DAAD) has summarized rules for side jobs.