Work permits for freelancers in Germany

Tomorrow I will head down to the KVR so I can obtain a work permit or extend my residency. I am a bit confused about the situation.

Anyhow, I intend to work as a free lancer, and I have one letter from a company saying they are wanting to hire me. I have this form I filled out, which is the application for the issue or prolongation of a residence permit. Is this all I need to hand in other than a photo?

I have already registered my address with the KVR.

Please let me know if I am forgetting anything as this is extremely important to me. All I need from the company is a letter?

Theres loads of info around here. I dont know about free lancers but you should have 2 paper copies of your personal docs: your passport, required docs, (i was told I needed all sorts of things: letter of good health, good citizenship from the police, proof of maintained bank account back home, birth certificate etc. but hardly anyone looked at those), and your cv. Go early as possible, ie before the doors open.

edit: just saw that you wanted to renew residency...the health, citizenship, banking etc were for initial residency.

ShopEuroGal

Can you confirm if you already have a residence permit? Like jml says the rules may be different. Although, when I renewed my permit we had to take the same stuff along...and they did ask to see it all again: Mietvertrag (rental contract), proof of health insurance, Anmeldung, passport.

The reason I ask is because when I got my work permit it was from the Arbeitsamt. But then I was getting a full-time position. Maybe the rules are different for freelancing. Or maybe it is different because you are doing residency together with work permit...mine was separate. I know there are other threads on here which cover this...I just don't have time to search at the moment.

May be some of the experts here could also advise me on what docs I need to bring from the US.

I am finally making my permanent move (well, at least a long term move) to Germany on July 25th. I know, as a US citizen I will have no problem with work or residence permits in Germany but my bigger interest is in getting a business licence. Is there a waiting period before i am allowed to operate a business? What other documents should I bring from the US so that I don't have to come back just for a piece of paper. Thanks in advance.

i have no residency permit at all right now. i just registered with the KVR and i am still here on my tourist visa.

i am so damn confused now. this guy i know that runs this biz, he stated that all i needed was this letter from an employeer and then the application for residency or something. maybe i have the wrong form, this is what the KVR gave me after i register with them. i think it was the wrong one.

Please post the outcome of your visit if you have the time.

I worked as a fixed from mid 2000 until Dec, 2001 and then as a freelancer from Dec, 2001 until the end of 2002. Then I left Germany and my visa expired. Now I am back for 1-2 more projects.

Things are different now and it is interesting to read through some of the threads here and see the differences pre 1-1-2005 and post.

As a citizen of the US hoping to be a freelancer, the rules that apply to me and other Americans are:

1. Residence and Work permits come from the Ausländerbehörde now.

If you are renewing, then different rules apply, but if you are applying to renew an expired Aufenthaltserlaubnis - Arbeitserlaubnis or getting a brand new one, you must go to the AuslÄnderbehörde.

2. Basic requirements are the same.

Mietvertrag, Proof of Support, e.g. Bank Statement, Krankenversicherung, Arbeitsvertrag, etc.

3. Citizens of US and a handful of other countries can get the visa while in Germany while other non- EU countries must get the visa before entering.

4. It takes up to 3 months to process. Residence seems almost guaranteed. Work permit depends on the failure to locate a suitable German or EU citizen to do the job. I'm hoping a letter of desperation from my potential employer will get me immediate approval, but not betting on it.

5. For certain professions, you will need a Gewerbeschein. As an I.T. Engineer, I don't.

6. The process is filled with stress, uncertainty and a raft of "Catch-22's".

A good example is that I need a flat to wait for the permits, but I cannot sign a long term lease without a residence permit.

7. Summer is a bad time to make an appointment.

To receive an appointment to consider my application required one month. I will be idle until mid-August. My appointment is in Berlin though.

Hope that helps.

Good luck.

http://www.germany-info.org/relaunch/info/...employment.html

Hello ,
I have few questions regarding workpermit for a freelancer,my situation is little complex so i want to clarify b4 going 2 KVR.I have been working in Germany since 5 years and my contract with current company is fixed term but they gave me six weeks notice hence my current job will be terminated by dec 31st but my company will state that i am free from work from 15th nov,last week i applied for unlimited visa and they told me to check after 5 to 6 weeks so i am waiting to register as unemployed at arbietzamt after getting the unlimited visa,dunno if it is wise to do that? In the mean time i have a very good option to work as freelancer for a company from 1st december.
My current visa states that i can work any IT Job but not selbstanding(guess freelance) till 2008, regarding the current situation i have the following questions
1.Can i get both selbstandig and any IT job workpermit as i will be unemployed?
2.Will it be illegal to work in december since my current contract is not completely terminated even though i get a letter from current company stating i am free from work?
I am posting here coz this is the best place to get opinions.

cheers!

If I tell you that "Selbständig" does mean "freelance", then I guess all your other questions are answered..., i.e. on your current permit, no chance...

There has been a change of rules and I see no problem for you getting a freelancer permit.
Just go down to KVR and tell them that you want to start your own business and hence need an unrestricted work permit. You should get it on the same day.

I have read the discussions in the forum and I find them very interesting. Inshort, I've never seen a forum as interesting as this. The people seem so close - i mean like real life, face to face friends. I therefore appreciate all who has made this what it is.

Now to my issue. My husband came here as a student in Sept. 2001. Finished his masters program in April 2003. Before the end of his masters program, he did his diplom arbeit in a copmany that also gave him a job offer (2 year contract).

After the 2 year contract, it was extended for another 6 months (making 3 years in the same company) and now the company said they don't want him anymore.

Now my question is this.

According to this statement which i found on this site,

"The important part is that when you've been employed here for 3 years and paid all the correct social security payments, then you are allowed to receive a stamp im your passport saying "Unselbständige Beschäftigung gestattet. Selbständige Tatigkeit nicht gestattet." or - you can be employed but you can't work as a freelancer."

If this is true, could the 6 month diplom arbeit be counted as part of the 3 years since my husband was paying his social security stuff during this time?

Topics merged by admin

I think you need to call the Arbeitsamt or Ausländeramt on this one, as I don't believe anyone on TT works there and will know the exact rule.

Didn't this thread cover it?

Work & residence permits for non-EU nationals

I just want to add another post to the Freelancer knowledge base.

Roughly one year ago, I was able to get a work permit as a freelancer in Stuttgart. The agency for whom I work wrote a letter and accompanied me to the Ausländerbehörde to discuss the permit.

One year on, I have received two six month extensions and favorable comments about the possibilities to extend 6-12 months during 2007.

A few months ago, I started performing my duties in Berlin in order to accomodate space problems in the Stuttgart office and also to take advantage of the many opportunities here.

During the renewal process for my freiberuflich status, the Berlin Ausländerbehörde has been downright hostile. Since the permit was given in Stuttgart, they decided that my status must be reviewed in Berlin by the Senatverwaltung für Wirtschaft, Arbeit und Frauen and renewal is not certain. The process could take up to 12 weeks. I have been given a 4 month extension on my Aufenthaltserlaubnis rather than a one year extension.

While I could rant about the many implications to my family situation, ability to make commitments, etc, the bottom line is that freelancer status might not be easily transferable from one municipality to another.

I plan to hire a lawyer, and if anyone know someone good in the Berlin area, I would appreciate a referral.

Hi All,

I've read all the threads on TT and the US embassy and German government websites and not quite found an answer to my work permit question. As many here have experienced, I don't think I'm getting a correct or complete answer when I go to my local Sachbearbeiter (SB:sachbearbeiter/sonofabitch). So...

I'm in Germany due to my husband's job. My Aufenthaltstitel/erlaubnis specifically states "Erwerbstaetigkeit nicht gestattet", so I do not have a work permit. Of course, I am allowed to look for a job and then apply for one. I've now got a contract as a freelance English teacher. After almost four months and many phone calls, Mr. SB says, "What? You didn't receive a letter? You don't need a work permit to do this type of job." In simple German, I rephrased what he said and asked if I'd understood correctly. "Yes." I then had my fluent-German-speaking husband call and confirm that I'd understood (he used the excuse that my German sucks ass and I must have misunderstood). My husband also asked to have this in writing for tax and legal purposes. Mr. SB repeated his answer and refused to provide the requested letter.

So, I'm starting work on Monday but have neither an official work permit nor a tax card. Is this wrong? Should I have these things in order to work as a freelancer? How do I go about getting a Lohnsteuerkarte without having a work permit? I feel like I'll be working illegally and that it'll all come back to bite me in the ass sometime later.

Thanks for any help you can give.

Mrs. BellyFlyer

I don't believe you have a "contract" to work freelance. You have an offer from a company needing your services- as a freelancer. A contracted employee in Germany needs a work contract, which includes payment of taxes, contribution to the social system, health benefits, etc. If someone is offering you a contracted position, they are offering you a job, you will work for them and only them, and for this, you need a work permit- which is extremely difficult to get if you are not from the EU or in a specialized field in need in Germany.

To accept work as a freelancer you need a residence permit with permission to work freelance in a designated field. You get this permission from the Aliens office ("Auslanderbehoerde") when you apply for a residence permit. Since you already have a residence permit, I am not sure if you go to the Arbeitsamt or the Aliens office. I think you need to go to the Aliens office and have your current stay permit 'converted' or 'ammended' to include the permission to work as a self-employed person.

I came to Germany initially on a one year language study visa. After my one year (and having moved jurisdictions), I went to the Aliens office (in my new jurisdiction) and had my permit extended and converted in one procedure.

You probably only need the letters from potential employers (well, technically 'clients'). You should have more than one potential employer/client/letter because technically, if you are only working for one employer, the official could deny your application for self employment based on the fact that you only have one source of income and thus should be hired as a regular 'contracted' employee- including benefits, taxes, etc. Then you're back to needing a work permit- which you need from the employment office ("Arbeitsamt"). Well, actually, the employer has to post the job opening there to make sure there is no 1) German 2) EU citizen 3) EAA citizen 4) Australian 5) American and other (in roughly that order) who is qualified/available to do that job. After posted for several weeks you will get permission from the Aliens' office to accept the job- and get a residence permit with permission to work stuck in your passport.

I applied for a study visa conversion/extention to freelance as an English teacher.

This is what I needed:

- passport
- city regristration ("Anmeldung")
- rental agreement (and a letter from the landlord that you are allowed to live there if your name is not on the rental agreement)
- proof of health insurance
- letters from 2 or more potential employers (including hours and earnings expected per month)
optional/may need:
documents which state your qualifications- I didn't need this, but if you've got 'em, take 'um. I took everything but the kitchen sink, just in case. I find that German officials love paper work and official looking documents. I had a binder full of documents- full of high school report cards, diplomas, etc.

(the last poster: since you live here with your husband, your permission will not be based on the amount you make. And now that I think of it, I believe there is some kind of exception for partners married to someone who is working here, allowing you to work part time (20 hours/week? ie. 400 EUR job) without permission of any kind. These jobs aren't taxed, etc. So if you aren't working a lot you might not need anything. If you are going to be making any substiantial kind of income you probably need the permission.

You will not receive a tax ID number unless you go to the tax office ("Finanzamt") and request one. You don't need a work permit to request a tax ID number. You call or go there and request one. They give/send one to you. The finanzamt isn't connected to the Aliens office- nor to the employment office- unless, of course, they want to be (to investigate or whatever). I have been working freelance for over a year and since I have not filed any taxes (yet), I do not have a tax number (yet).. I will get one when I file later this year.

I hope this helps.

((To the other guy who needs a place to stay but can't get a rental agreement without a job, the catch22: you could move into a WG ("Wohngemeinschaft"; ie. rent a room), just to get all your paperwork started, and then find a place of your own later or offer a couple months rent plus deposit and explain your situation...just a suggestion))

Best regards,
Jennifer in Frankfurt

Another two years have passed, and I am still here in Germany and it is time to renew my residence and work permit. My appointment is at the beginning of August.

Based on previous (bad) experience, I went to the AB at the end of June to get my appointment and found that there are two new pieces of administrativia for freelancers in Berlin:

1. confirmation of private health insurance that meets certain conditions to be filled out by the insurer.
2. a 6-7 page formula to be completed by a Steuerberater confirming

* clean tax status
* payment of health insurance premiums
* payment of retirement/social insurance
* existence of sufficient funds for basic living

The AB requests 3 years of information where possible, and I estimate that the preparation by my Steuerberaterin will cost me around 300€.

For freelancers, one has the option to avoid payments into the public retirement insurance for two years if one gets a deferral in the first three months of activity. The motivation is to allow the freelancer to have some extra capital to get started. Since I (sort of) did this through a "Rentenberater", he will need to write a letter explaining another irregularity in my situation and it will cost me a couple of hours and another 50-100€.

I can absorb the roughly 500€ expense over time, but for some freelancers, it will be a barrier to working in Germany.

In response to a private message, it is vital in Berlin at least, to have an appointment at the AB.

Hope this information is useful.

Can someone help me with this question. I received a freelance work visa for an english teaching position. Did not pass the course so I did not get the position, can i go to the arbeitsamts to have them find me another freelance job in germany?

Have them find you a freelance job? No, no you can't.. if you don't actively have someone wanting your services, they will actively want you out of the country..

There are plenty of routes to finding freelance work - approach other language schools, check the ads here, read local newspapers, put ads in your local supermarket, use your contacts. Time to push on with them by the sound of it.

thanks darmstadt. others make it seem like the work visa does not count for something. i was just wondering if anyone knew if the arbeitsamts would help me or not? I am and will continue to look for more freelance work since i have this work visa already, my own place, registered to be in germany. the job is the only thing holding me up.

If you can find some work in teaching, then you're set, but the Arbeitsamt is not going to help you find clients.

I have a question regarding what type of work I can do in Germany with my Visa. I have a Working Holiday Visa. When i got this Visa in Australia (I am Australian) - i was given a letter to my future employers and it mentions how i can take up employment on a casual basis. What restrictions does this put on me - can i work full time, contract, freelancer?

If anyone could let me know - that would be great.

Aren't the terms of the visa actually specified in it (or in paperwork you received with it)?

My new response to the brazilions of visa questions that we get on here...have you spoken to the relevant authority yet?

It beggars belief that one obtains a visa for a particular country without knowing what that visa relates to.

When I received my visa, the foreign office gave me very minimal information. Basically "here's a pretty stamp in your passport, now you figure it out".

Criteria for all the visa's seems to change on a daily basis. I want to stay here long term and don't want to mess things up so paid a minimal fee to have a consultation with an immigration lawyer just to make sure.

I know in the UK and Ireland on the working holiday visa you were not allowed to work as a freelancer, and you were not allowed to do work that you went to university for. It always sounded a bit vague on the what does "casual basis" mean. It can sometime just depend on which foreign office official receives your file to check up on and if they're having a bad day or not and are going to get picky.