Residence permit

Third country nationals who are citizens of a non-EU or non-EFTA country will need to clarify whether their residence status or permit entitles them to go self-employed.

It is your responsibility to do so BEFORE starting self-employment as a main occupation or as a secondary occupation (while remaining employed).

If your current residence permit does NOT include any of this, you must apply to the Foreigners Office for an additional permit to go self-employed. Please check:

• Does your current residence permit bear the words “Erwerbstätigkeit gestattet” (“Employment permitted”) or “Selbständige Tätigkeit gestattet“(“self-employed work permitted”)? Then an additional permit is not required.
  Good to know: This information can usually be found on the “Zusatzblatt zum Aufenthaltstitel“ in the section “Nebenbestimmungen” (ancillary provisions). The Zusatzblatt is an additional sheet in the form of a folded card that has been issued together with your residence permit.
• Does your current residence permit bear the word “Niederlassungserlaubnis” (“settlement permit”)? Then an additional permit is not required.
• Do you have a residence permit as a person eligible for subsidiary protection? Then an additional permit is not required.

Did you travel to Munich on a dependent visa, also known as a family reunion visa? Did you register at the Residence Registration Office (“Bürgerbüro“) and apply for a residence permit from Munich’s Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde) before your visa expires? As soon as the Service Office issues the residence permit, you are immediately entitled to take up employment in Germany without restriction. This includes self-employment. Learn more about subsequent immigration to join foreign family members and download a step-by-step guide (PDF, 1.86 MB)

Are you an international student who would like to work as a self-employed person while pursuing academic studies? Being a third-country national, you as an international student, need to obtain approval from the Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde). For further reference please see below our chapter “Information for international students in Munich”.

Do you live within the city boundaries of Munich?

Then the Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde) at the District Administration Service (Kreisverwaltungsreferat, section KVR-II/35) is exclusively responsible for issuing residence permits and handles the whole application process. Contact the Service Office:

• by phone +49 89233-96010
• via the online contact form
• by postal mail

Here is a list of services that are available online. You can visit the Service Office at Ruppertstrasse 19 by appointment only.

The Service Office has published initial information on prerequisites, ways of contact and application procedures.

Have a look at their overview of the various forms of work permits.

Please also check their English language FAQ website for more information.

Emergency assistance in the absence of a residence permit is available for students, university graduates and self-employed persons.

Do you live in one of the districts surrounding the City of Munich?

Then contact the Foreigners Office of your District Office (“Landratsamt”).

Are you not in Germany yet?

Citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland and the United States of America can enter Germany without a visa. They will then have to apply for a residence permit within three months, prior to obtaining any employment.

All other third country nationals must submit a visa application to their local competent German embassy or consulate prior to entering Germany. They provide more information about who needs a visa and how to apply for a visa. Find your point of contact on the world map. The Federal Foreign Office offers a Visa-Navigator to help you find out which visa you need to come to Germany.

The German mission will forward your visa application to Munich’s Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde) if you wish to live in the City of Munich. The Service Office requests the necessary documents, checks them and gives feedback to the German mission. Based on this feedback, the German mission decides if an entry visa can be issued for your planned activity. The entry visa is usually valid for three months and must be converted into a longer-term residence permit at the local Foreigners Office in Germany. Remember, that within one week of your arrival in Munich you also need to register your address at the Residence Registration Office (“Bürgerbüro“). You will receive a copy of your registration certificate (Meldebescheinigung) which serves as a proof of address. The registration certificate is essential for many of the functions of daily life.

At a glance: Visa for self-emplyoment (PDF, 453 KB)
From the preparations to the application forms: This step-by-step guide shows you how to obtain a self-employment visa.

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 (Gewerbe)

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 Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde) 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 in the form of a 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 IHK Chamber of Commerce and Industry 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 HWK Chamber of Skilled Crafts for Munich and Upper Bavaria.

B. Start working in a liberal profession (Freier Beruf)

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 Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde), 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

Use the contact form to arrange a personal appointment at the Service Office for Immigration and Citizenship at Münchner Kreisverwaltungsreferat (KVR). Discuss your planned application and clarify the necessary application steps and documents there directly in the meeting. Prepare by reading the information published by KVR on their page Authorisation for self-employment for third-country nationals.

Invest sufficient time and energy in preparing your business plan. Complete documents of high quality are critical to the processing time of your application. Good preparation is the key to fast processing. Your documents will be checked and analyzed by the Service Office for Immigration and Citizenship at Münchner Kreisverwaltungsreferat (KVR).

If your application has been successful, you will receive a temporary residence permit. The residence permit according to Section 21 on the Residence Act (“AufenthG”) is basically bound to a specific purpose and issued for a limited period of time.

When your residence permit expires and you plan to continue living and working self-employed in Munich, you will need to repeat the same application process with the Foreigners Office as when you initially applied. All documents will be requested and checked once again. Your actual business development will then be compared with your originally submitted financial planning and business plan on the basis of your income statement. If your business idea has proven to be successful and you are able to support yourself and your family, your residence permit can be extended.

Citizens of a member state of the EU – European Union or EFTA – European Free Trade Association including Iceland, Liechtenstein, Norway and Switzerland, do not need a special permit to go self-employed. Third country nationals who are citizens of a non-EU or non-EFTA country will need to clarify whether their residence status or permit entitles them to go self-employed.

Are you studying at a university in Munich? Would like to take up self-employment while pursuing academic studies?

Being third-country nationals, international students need to obtain approval from the Foreigners Office. It is your responsibility to do so BEFORE starting self-employment.

According to Munich’s Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde) an 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 140 full days or 280 half days, in addition to performing student jobs.

Use the contact form to arrange a personal appointment with the Service Center for International Professionals at the Service Office for Immigration and Citizenship at Münchner Kreisverwaltungsreferat (KVR). They are exclusively responsible for consulting and issuing the necessary approval.

Good to know: Before registering self-employment, find out what effects the additional income of your sideline business will have on your statutory health insurance, child benefit, vocational training allowance, BAföG or housing benefit.

Are you setting up a start-up with the EXIST business start-up grant of the German Federal Ministry for Economic Affairs and Climate Action or another grant from a federal state in Germany?

Then you can obtain a visa or residence permit for founding a start-up in accordance with Section 21 (2b) of the Residence Act. Get advice! Contact your university and the GCCC Global Certification and Consulting Center for international start-up teams.

GCCC
phone +49 30 20199-3379
email t.grossmann@fz-juelich.de
www.ptj.de

Will you be completing your studies shortly and would you then like to take up self-employment as your main occupation?

Then you can obtain a residence permit for self-employed persons who have completed a course of study or are working as a scientist or researcher in accordance with Section 21 (2a) of the Residence Act.

• University graduates must have successfully completed a course of study that qualifies them for self-employment. Your intended self-employed activity must therefore be related to the knowledge you acquired during your university education.
• If you are in possession of a residence permit as a researcher or scientist, the desired self-employed activity must be related to your previous activity as a researcher or scientist.

Further information can be found under “What are the requirements to obtain a permit for self-employed work in Munich?”.

Please beware: If you wish to continue living in Munich after your studies, you must apply for the appropriate residence title before your study permit expires.

Further prospects after graduating from a Munich university

If you want to stay in Munich, you can look for a job related to your studies after you graduate. You have the possibility of obtaining a job seeker’s residence permit valid for up to 18 months to look for a job. During these 18 months, you are allowed to take up any type of job. Please note that this type of residence permit is not renewable.

The amiga Career Center for Internationals supports Internationals seeking employment in Munich to get their career started -whether individual counselling, career training or exchanges with companies.

Here are some further suggestions for what to do after you graduate.

Please beware: If you wish to continue living in Munich after your studies, you must apply for the appropriate residence title before your study permit expires.

Advice and consulting services on visa and resident permit issues

City of Munich
Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde)
phone hotline at +49 89 233-96010
online contact form

The Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde) at based at the District Administration Service (Kreisverwaltungsreferat, section KVR-II/35) at Ruppertstrasse 19. You can see the Service Office for regular visits or emergency cases by appointment only. Please check their English language FAQ website for more information.

Munich Guide for Foreign Students

Your university
In addition to the three large public universities, there are more than 25 smaller, private and public universities and (technical) academies in Munich. This page lists the Munich universities and their addresses. 

Studierendenwerk München Oberbayern
The Studierendenwerk is a state-run non-profit organization for student affairs in Munich and Upper Bavaria.
phone +49 89 38196-0
email stuwerk@stwm.de
www.studierendenwerk-muenchen-oberbayern.de

BAS Federal Association of Foreign Students
Bundesverband ausländischer Studierender e.V.
phone +49 176 2345 27 07
email info@bas-ev.de
www.bas-ev.de

The German Academic Exchange Service (DAAD) has summarized rules for side jobs.

Auszubildendenwerk München e.V.
The Auszubildendenwerk München is a non-profit organization for those who are undergoing vocational training in Munich.
phone +49 46 22 4292
email team@azubiwerk-muenchen.de
www.azubiwerk-muenchen.de

“Working and Living in Germany” hotline
phone hotline +49 30 1815 – 1111

IHK Chamber of Commerce and Industry for Munich and Upper Bavaria
The local Chamber provides information and initial advice on foreigners law to its current and future members.
phone hotline at +49 89 5116-0
email: info@muenchen.ihk.de

For professional legal assistance and consulting please contact a lawyer. Find professionals through search engines or contact your embassy or consulate for a recommendation.

Are you already working and living in Munich with a temporary residence permit and wish to stay permanently? Under certain conditions, you as a skilled professional can apply for a permanent residence title, otherwise referred to as a settlement permit in accordance with Section 18c on the Residence Act – AufenthG

A settlement permit (Niederlassungserlaubnis) offers several benefits. One of them ist that all forms of economic activity are permitted including self-employment. A permanent residence permit is usually possible after five years if you meet all necessary requirements. However, in some cases, a settlement permit can be issued under facilitated conditions. Here is a selection as stated on the website of the Federal Office for Migration and Refugees:

• EU Blue Card holders
  When meeting the necessary requirements, you can request to obtain a settlement permit for EU Blue Card holders. Under the new Skilled Immigration Act EU Blue Card holders with A1 German language proficiency can apply for a settlement permit after 27 months of qualified employment (previously 33 months). And if the applicant has B1 German language proficiency it is 21 months.
• Have you successfully completed academic education or vocational training in Germany?
  You can request to obtain a settlement permit for skilled workers if you have held a residence permit for two years for employment as a skilled worker (with vocational training or an academic education) or as a researcher, hold a job, have paid compulsory pension insurance contributions for 24 months and have sufficient knowledge of the German language.
• Skilled workers
  You can request to obtain a settlement permit for skilled workers (Niederlassungserlaubnis für Fachkräfte) if you have held a residence title for three years (previously four years) for employment as a skilled worker (with vocational training or an academic education) or as a researcher, hold a job, have paid compulsory pension insurance contributions for 48 months and have sufficient knowledge of the German language.
• Self-employed persons
  If you have already been issued a permit for self-employed work for business purposes (Aufenthaltserlaubnis für eine selbstständige Erwerbstätigkeit), have proven to be successful and are able to earn your livelihood and support your dependants with sufficient income, you may apply for a settlement permit (Niederlassungserlaubnis für Selbständige) after three years. Self-employed persons who do not have a business but work in the liberal professions will have to wait longer before they can apply for a settlement permit, in general up to five years.
• Highly qualified professionals
  In individual cases, highly qualified professionals can receive a settlement permit (Niederlassungserlaubnis für Hochqualifizierte) straight away, without having to spend a set amount of time in Germany first.

The Munich Business Startup Office does not provide advice on residence law. Only Service Office for Immigration and Citizenship at Münchner Kreisverwaltungsreferat (KVR) (previously: Foreigners Office) or the German diplomatic missions abroad are responsible for issuing residence permits. 

“Working and Living in Germany” hotline
Phone hotline +49 30 1815 – 1111
available from 9:00 am to 4:00 pm CET, Monday through Thursday, and Friday from 9:00 am to 12 pm CET

The “Working and Living in Germany” hotline allows you to ask more detailed questions related to your personal situation, going beyond the information that is available from other sources. It is operated jointly by the Federal Office for Migration and Refugees (BAMF) and the Federal Employment Agency (BA). Qualified professionals from abroad interested in immigration as well as companies in Germany will receive advice on any of the following topics:

• Job search, work and careers
• Recognition of foreign vocational qualifications
• Entry and residence
• Learning German

Use this world map to get an overview of contacts and offers of German institutions in your country of residence.
www.make-it-in-germany.com

City of Munich
Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde)
Phone hotline at +49 89 233-96010
online contact form

The Service Office for Immigration and Citizenship (previously: Munich Foreigners Office or Ausländerbehörde) Munich Foreigners Office (Ausländerbehörde) is based at the District Administration Service (Kreisverwaltungsreferat) at Ruppertstrasse 19. You can see the Foreigners Office for regular visits or emergency cases by appointment only. Please check their English language FAQ website for more information.

Chamber of Commerce and Industry for Munich and Upper Bavaria (IHK)
The local Chamber provides information and initial advice on foreigners law.
Phone hotline at +49 89 5116-0
E-Mail: info@muenchen.ihk.de

For professional legal assistance and consulting please contact a lawyer. Find professionals through search engines or contact your embassy or consulate for a recommendation.

amiga Career Center for Internationals
Phone hotline at +49 89 318809-0
E-Mail: anmeldung@amiga-muenchen.de
amiga supports Internationals seeking employment in Munich to get their career started -whether individual counselling, career trainings or exchanges with companies. amiga is funded by the municipal “Munich Employment and Qualification Program” (MBQ).

Integreat Munich
This online guide for refugees and new immigrants provides information on everyday life, health care, school and daycare attendance, German courses, work, training, housing, free leisure, sports and cultural activities, offers for women, LGBTI+ and people with disabilities in Munich. Content is available in ten languages.

Have you trained for a profession or studied? And would you like to work in your profession in Germany? Recognition is essential in Germany for certain professions. For other professions, professional recognition is voluntary. This also applies to professions for which a higher education qualification is required. When is recognition essential? When is it voluntary? This depends on how your profession is regulated and on your country of origin. You are required to provide certificates as evidence of your professional qualification.

• The anabin plattform provides information on how foreign professional qualifications are evaluated.
• Use the Recognition-Finder to learn how and where you can have your qualification recognized.

Recognition authorities (Anerkennungsstellen)

The recognition procedure is carried out by the so-called competent authority (Anerkennungsstellen). If you want to have your professional qualification recognized, you must submit your application for recognition to the competent authority in Germany. You can find the competent authority in the Recognition-Finder.

Counseling services

You should seek advice before applying for recognition. This is provided in Germany and abroad. You can find your nearest counselling centers by using the online counseling search provided by the information portal of the German government for the recognition of foreign professional qualifications.

“Working and Living in Germany” hotline
Phone hotline +49 30 1815 – 1111
available from 9:00 am to 4:00 pm CET, Monday through Thursday, and Friday from 9:00 am to 12 pm CET

The “Working and Living in Germany” hotline allows you to ask more detailed questions related to your personal situation, going beyond the information that is available from other sources. It is operated jointly by the Federal Office for Migration and Refugees (BAMF) and the Federal Employment Agency (BA). Qualified professionals from abroad interested in immigration as well as companies in Germany will receive advice on any of the following topics:

• Job search, work and careers
• Recognition of foreign vocational qualifications
• Entry and residence
• Learning German

Service Center for Professional Recognition (ZSBA)
Are you still abroad and would like to apply for recognition from there? The Service Center for Professional Recognition will advise and support you during the recognition procedure. The ZSBA expands on the initial guidance provided by the hotline “Working and Living in Germany”. Contact the ZSBA by email at recognition@arbeitsagentur.de

Do you already live in the Munich region?

Advisory Service for Recognition of Foreign Qualifications by the City of Munich

If you have a foreign qualification and live in the Munich area, you may contact the municipal Advisory Service for Recognition of Foreign Qualifications. If you would like to ask for an appointment, please submit their completed consultation form. Please note that there might be longer waiting periods.

 

IHK Foreign Skills Approval (IHK FOSA)

IHK Foreign Skills Approval (IHK FOSA) is the German center for the evaluation and recognition of foreign vocational qualifications within the area of the chambers of industry and commerce (IHKs). IHK FOSA accepts applications that refer to professions within the area of the chambers of industry and commerce, conducts the proceedings and issues official and legally binding certificates of equal standing. The local Chamber of Commerce and Industry (IHK) offers an initial consultation with regard to the submission of applications, the process, costs and the duration. For Munich and Upper Bavaria contact IHK für München und Oberbayern by phone at +49 89 5116-0 or by email to berufsanerkennung@muenchen.ihk.de

Handwerkskammer für München und Oberbayern (HWK)
Chamber of Skilled Crafts

Do you have a foreign professional qualification for a skilled trade? Please contact the Chamber of Skilled Crafts (Handwerkskammer). For Munich and Upper Bavaria contact „Handwerkskammer für München und Oberbayern (HWK)“. HWK will inform you to what extent your foreign professional qualification is comparable to a German professional qualification. You may file the assessment of equivalence application following the consultation. Contact HWK by phone at +49 89 5119-264 or by email at berufsanerkennung@hwk-muenchen.de to arrange a meeting.

Chambers and Associations for liberal professions
For certain professions you must prove your qualification or expertise. This applies in particular to liberal professions such as doctors, architects, experts and the like. Here is a list of relevant professions in Bavaria that require a license, a permit, admission and other obligations. This includes liberal professions as well as other activities.