Do you have an idea for a business in Germany and would like to know how to turn it into reality? Perhaps you need foreign workers to implement it?
I support you in implementing your ideas and founding your company, especially in the following areas:
The term Business Immigration Business immigration encompasses all migration law issues that arise in a business context – from the establishment of a company by foreign nationals to the recruitment of international specialists by companies based in Germany. Business immigration is a sub-area of... Right of residence with its own focus and differs significantly from individual migration in a family or humanitarian context.
The focus is on two very different target groups: Firstly, founders, investors, and self-employed individuals from abroad who want to establish a company or start a business in Germany. Secondly, companies that want to recruit skilled workers or specialists from abroad to work in Germany. Both scenarios require careful legal preparation – with regard to visas and residence permits as well as corporate and labor law issues.
Foreign nationals who wish to take up self-employment or start a business in Germany require a corresponding residence permit. The legal basis is Section 21 of the Residence Act (AufenthG), which distinguishes between two main scenarios: self-employed commercial activity (Section 21 Paragraph 1) and freelance professional activity (Section 21 Paragraph 5).
To be eligible for self-employment in a commercial capacity, there generally needs to be an economic interest or a regional need. Key factors include the viability of the business concept, the applicant's experience, the planned investments, and the anticipated impact on employment and training. In practice, a detailed business plan, a sound financial plan, and proof of sufficient equity capital are essential.
Freelancers – such as doctors, architects, artists, or IT specialists – benefit from simplified requirements under Section 21 Paragraph 5 of the Residence Act. Here, the focus is less on economic interests and more on proof of professional qualifications and plausible financing for the initial phase.
After three years of successful self-employment, the settlement permit Applications can be made in accordance with Section 21 Paragraph 4 of the Residence Act. The prerequisites are that the activity continues, the livelihood is secured, and the planned economic effects have actually materialized.
Do you already have a business in Germany and would like to hire skilled workers from abroad?
Based on individual training or degree, professional experience and the duration of the assignment, there are numerous possibilities to transfer skilled workers from abroad to support your own company.
The necessary steps, especially which visas need to be applied for, are part of my legal advice. Contact me and find out which path is best and fastest for you to fill your positions with skilled workers.
Which residence permit is the right one for recruiting international professionals depends on their qualifications, the position they are in, and the duration of their planned employment. Four permits are key in practice:
The EU Blue Card This is the standard title for highly qualified professionals with a university degree and a qualified job. Since the 2024 reform, the minimum salary thresholds have been lowered, significantly easing access for many sectors. Holders benefit from rapid consolidation of their residency status – a permanent residence permit is possible after just 21 to 33 months.
The ICT card Intra-corporate transfer is suitable for the temporary secondment of managers, specialists, or trainees from a foreign branch to a German branch of the company. It allows for faster processing than the standard procedure and is designed for stays of between 90 days and three years.
The Opportunity map Introduced in June 2024, this program allows skilled foreign workers to enter Germany to look for work. It is attractive to companies because potential employees are already in Germany, and interviews, trial workdays, and contract negotiations can take place on-site.
With the reformed Skilled Immigration Act Today, skilled workers can also work in Germany without a formally recognized vocational qualification – provided they have sufficient professional experience and a qualified job offer. This opens up the German labor market, particularly for sectors with an acute shortage of skilled workers, such as trades, nursing, and IT.
For companies that want to quickly hire international skilled workers, the accelerated skilled worker procedure under Section 81a of the German Residence Act (AufenthG) offers an important tool. The employer submits the application to the immigration office on behalf of the skilled worker, which decides on preliminary approval within a short timeframe. With this approval, the skilled worker then applies for the visa at the relevant German mission abroad – with a typical processing time of around three weeks instead of several months.
This requires an agreement between the employer and the immigration authorities, as well as the company's assumption of the processing fee. For many companies, this fee pays for itself within just a few weeks due to the faster availability of the skilled worker.
A common obstacle in international recruitment is the recognition of foreign professional qualifications. Regulated professions – such as in medicine, nursing, education, and architecture – require formal recognition of foreign degrees before employment can commence. In non-regulated professions, recognition is optional, but can significantly simplify the visa process.
Responsibilities vary depending on the profession: For academic professions, the regional governments or professional chambers are often responsible, while for dual vocational training programs, the Chambers of Industry and Commerce (IHK) or Chambers of Skilled Crafts are responsible. Processing times vary considerably – from a few weeks to several months. Therefore, addressing the issue of recognition early on is crucial for a well-planned personnel strategy.
Business immigration encompasses all immigration law issues surrounding the establishment and management of companies in Germany by foreign nationals, as well as the recruitment of international skilled workers by companies based in Germany. It is a sub-area of... Migration law with special interfaces to corporate, labor and tax law.
To establish a business as a foreign national, a residence permit under Section 21 of the German Residence Act is generally required. Depending on the specific circumstances, this requires demonstrating an economic interest or regional need, a viable business plan, secured financing, and proof of sufficient equity. For freelance activities, simplified requirements apply according to Section 21 Paragraph 5 of the German Residence Act.
Key factors include: an economic interest or regional need in the planned activity, the viability of the business concept, the applicant's relevant professional experience, a plausible financial plan, and proof that the applicant can secure their livelihood and, if applicable, that of their family members from their own resources. In practice, a detailed business plan is essential.
The processing time depends on the responsible foreign mission or immigration authority and is generally between three and six months. In cases of complex business models or incomplete documentation, the process can be significantly longer. If the process is delayed without a valid reason, a [legal action/regulation] may be taken. Action for failure to act To get the process moving.
Yes. The reformed Skilled Immigration Act has significantly expanded the opportunities for the direct recruitment of international skilled workers. The most important residence permits are the EU Blue Card for highly qualified individuals, the ICT Card for intra-corporate transfers, the Opportunity Card for job seekers, and qualified employment under the Skilled Immigration Act. Which permit is the right one depends on qualifications, position, and the duration of the planned employment.
The ICT card Intra-corporate transfer (ICT) is a residence permit for the temporary secondment of employees from a foreign branch to a German branch of the same company. It applies to managers, specialists, and trainees and is designed for stays of between 90 days and three years.
The reformed Skilled Immigration Act This has significantly eased access to the German labor market: Even skilled workers without formally recognized vocational qualifications can now work in Germany if they have sufficient professional experience. The requirements for the EU Blue Card have been relaxed, the points system of the Opportunities Card opens a new pathway into the labor market, and the accelerated skilled worker procedure under Section 81a of the Residence Act offers companies considerable time savings.
The accelerated skilled worker procedure under Section 81a of the German Residence Act enables companies to recruit international skilled workers significantly faster. The employer submits the application to the immigration office on behalf of the skilled worker, who then decides on preliminary approval within a short timeframe. The skilled worker then applies for the visa with this approval, which is usually granted within approximately three weeks. This requires an agreement between the employer and the immigration office, as well as the company covering the processing fee.
In regulated professions – such as medicine, nursing, education, or architecture – formal recognition of foreign qualifications is mandatory before employment can commence. In non-regulated professions, recognition is optional, but can significantly simplify the visa process and improve salary classification with employers. Depending on the profession, the responsible authorities are district governments, professional associations, chambers of industry and commerce, or chambers of skilled crafts.
A business immigration lawyer will guide you through all immigration-related phases of your entrepreneurial ventures: from the establishment of a company by foreign nationals (choice of legal form, notary appointment, residence permit for self-employment), to the recruitment of international specialists (visa, pre-approval, recognition of qualifications), to the internal transfer of employees, and to immigration-related issues in day-to-day business operations. I handle the legal planning as well as communication with authorities and – if necessary – representation in administrative court proceedings.
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