Permanent residence for freelancers

8 posts in this topic

Dear all,

I have been freelancing in Berlin as translator for 4.5 years with a freelancer visa. I don't have public pension as it isn't mandatory for freelancers. I just contribute the TK public insurance. I am getting married soon with my fiance who is an European citizen (non-German). I am thinking to apply for permanent residence once I reach my 5-year stay in Germany and wonder what's the best way to do. My questions are as follows and I would really appreciate your advice:
 

- Is public pension contributions required when applying for permanent residence in my case?

- Are there categories under permanent residences? Do I have to choose whether I am applying for, e.g. permanent residence as freelancer / permanent residence for family reunion / permanent residence as an employed person, etc? Or it doesn't matter as long as I have been residing in Germany for 5 years?


- Will I be entitled to do different kind of jobs with the permanent residence? (I am tired of being a freelancer and I am considering the possibility to look for a job once I have the permanent residence, if possible)


Thank you very much in advance for your help!
 

 

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3 minutes ago, Dorirsita said:

I read this ( https://www.berlin.de/labo/willkommen-in-berlin/dienstleistungen/service.493516.php/dienstleistung/121864/ ), it says pension is a must, but then pension isn't required for freelancers. I'm a bit confused. Do I have to pay the pension back in order to fulfil this requirement? :(

 

What exactly do you find confusing? They've actually managed to explain it quite well.

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23 minutes ago, engelchen said:

 

What exactly do you find confusing? They've actually managed to explain it quite well.


Thank you for your reply! My confusions are:

1. Public pension isn't required for freelancers, therefore many freelancers do not have it. I have read in some websites saying that for this reason public pension isn't required when freelancers apply for permanent residence. That's why i am not sure...

2. IF it is really required, can I pay back a one-off pension contribution covering the past 60 months? would it work or is it too late?

3. I am going to get married with a EU national (non-German) soon. For this reason my visa type will probably be changed from freelancer visa to spouse/family reunion visa. But spouse/family of EU nationals doesn't fall into the category listed here for permanent residence ( https://www.berlin.de/labo/willkommen-in-berlin/dienstleistungen/service.493516.php/dienstleistung/121864/ ) , which are:

  • anerkannte Asylberechtigte und Flüchtlinge
  • ausländische Absolventen deutscher Hochschulen
  • Familienangehörige von Deutschen
  • Inhaber einer Blauen Karte EU
  • Kinder (ab 16 Jahren)
  • Selbständige

Therefore I am not sure if I should just keep my own freelancer visa even after I get married, so that I can apply for the permanent residence as the "Selbständige" listed above... I don't know if changing my visa to "spouse visa" would make things more complicated when applying for permanent residence...

Thank you very much!




 

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3 hours ago, Dorirsita said:

Therefore I am not sure if I should just keep my own freelancer visa even after I get married, so that I can apply for the permanent residence as the "Selbständige" listed above... I don't know if changing my visa to "spouse visa" would make things more complicated when applying for permanent residence...

 

You have two choices:

 

1. Apply for an NE as a freelancer (all the rules are on the page to which you linked) under the AufenthG (national law).

 

2. Get married, apply for an Aufenthaltskarte as the spouse of an EU citizen, and then after 5 years of marriage apply for a long-term permit under the FreizügG/EU (EU rules). As the spouse of an EU citizen you automatically have full labour market access.

 

 

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2 hours ago, engelchen said:

 

You have two choices:

 

1. Apply for an NE as a freelancer (all the rules are on the page to which you linked) under the AufenthG (national law).

 

2. Get married, apply for an Aufenthaltskarte as the spouse of an EU citizen, and then after 5 years of marriage apply for a long-term permit under the FreizügG/EU (EU rules).

 

 


Thank you very much for your advice. This is very useful! In this case it seems easier if I keep my own freelancer visa status even after I get married. I will figure out the pension issue.

May I ask if you know whether I will be entitled to any kinds of occupations (e.g. to be an employee), or will I be still limited as a freelancer if I apply for an NE as freelancer?

Thanks!


 

 

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Sorry I have another question...

My 1st year in Germany was with a "working holiday visum", not a "Aufenthaltserlaubnis ". I started to have my Aufenthaltserlaubnis as freelancer from the 2nd year on. The website says that "Besitz einer Aufenthaltserlaubnis seit 5 Jahren" is required for applying for permanent residence. Does it mean that my 1st year (with a visum, not Aufenthaltserlaubnis) doesn't count??? :(

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3 hours ago, engelchen said:

 

You have two choices:

 

1. Apply for an NE as a freelancer (all the rules are on the page to which you linked) under the AufenthG (national law).

 

2. Get married, apply for an Aufenthaltskarte as the spouse of an EU citizen, and then after 5 years of marriage apply for a long-term permit under the FreizügG/EU (EU rules). As the spouse of an EU citizen you automatically have full labour market access.

 

 

 

I just found another EU site (https://europa.eu/youreurope/citizens/residence/family-residence-rights/partners/index_en.htm ). it says:

//Your non-EU spouse, children and grandchildren acquire the right of permanent residence if they have lived legally in the host country for a period of 5 continuous years. They can then stay as long as they want even if they don't work and need income support. They should enjoy the same rights, benefits and advantages as nationals.//

It seems like I can already apply for a permanent residence once I got married (as I will have legally lived in Germany for 5 continuous years by then)? And don't need proof of income etc?

 

 

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