Residence permit for the purpose of gainful employment: extension for self-employed former academics and researchers

• Find out whether your foreigners authority allows you to apply online or has a special application form.
• If the application can only be submitted in person, make an appointment at the Foreigners' Registration Office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
• During the appointment, your identity and your documents will be checked (please bring the originals of your documents with you to the appointment where possible).
• If your application is approved, your fingerprints will be taken to produce the residence permit in the form of a new electronic residence permit (eAT card).
• The foreigners authority orders the production of the eAT card from Bundesdruckerei. After completion, you will receive information and can collect the eAT card from the relevant office. The eAT card must always be collected in person.
• If your application is rejected, you will receive a notice of rejection

the immigration authority responsible for the applicant’s place of residence

In principle, the same requirements must be met for the extension of the residence permit as for the initial issue of the residence permit. This means

• Your current residence permit is due to expire in the near future.
• You wish to continue your self-employed or freelance work in Germany.
• Your self-employed work continues to be linked to the knowledge you acquired during your higher education or whilst working as a researcher or scientist.

• You can continue to support yourself and maintain your health insurance cover without having to rely on state benefits.
• If you have reached the age of 45, you can provide evidence of adequate retirement provision (this does not apply to Turkish nationals).
• There is no interest in deporting you.

In principle, renewing your residence permit requires you to submit the same documents as when it was first issued:

• Recognised and valid identity document (e.g. passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• Description of the self-employed activity (business plan)
• Evidence of the financing of the self-employed activity (for example, proof of equity capital, a letter of commitment from a bank).
• Extract from the commercial register or business registration
• Evidence of sufficient means of support (for example, proof of income, personal assets, a blocked account, a letter of undertaking)
• Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy).
• After reaching the age of 45: evidence of adequate provision for old age (for example, evidence of personal assets, accrued pension entitlements, business assets)

The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.

You may also need to submit to the Foreigners’ Registration Office, once again, proof of your degree from a state-recognised university or a comparable educational institution in Germany, or your previous employment contract as an academic or researcher, in order to demonstrate once more the link between your previous work and your business idea.

• Section 45(2) of the Residence Ordinance (AufenthV)

• Section 21(4) of the Residence Act (AufenthG)
• § Section 8 (1) Residence Act (AufenthG)
• § Section 5 Residence Act (AufenthG)

• Appeal against the decision of the immigration authority within one month of notification.
• Action before the court named in the notice of objection if the objection is not upheld

Informal application possible: Yes

Personal appearance required: Yes

• Self-employment is defined as any independent, lawful activity undertaken with a view to making a profit and intended to be of a certain duration, provided that it does not constitute an employment relationship.
• The extension of a residence permit is at the discretion of the relevant immigration authority. Applicants are therefore only entitled to a decision that is free from errors of discretion.
• After holding a residence permit for self-employment for three years, it is possible to apply for a permanent residence permit (settlement permit) under simplified conditions (see the service ‘Granting of a settlement permit for self-employment’).
• Different conditions apply to freelancers with regard to the renewal of their residence permit and the granting of a settlement permit.
• The proceedings are usually conducted in German.
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for information purposes only and is not legally binding.