Applying for a settlement permit for self-employed persons
Service description
As the holder of a residence permit for the purpose of self-employment (as an entrepreneur), you may be granted a settlement permit after just three years if
- you have successfully brought your business idea to fruition and
- your livelihood and that of your family members is secure.
The group of family members to be taken into account is defined by the criterion of family ties and the duty to provide maintenance.
Other authorities may be involved in assessing whether your business activities have been successfully carried out.
The settlement permit constitutes a right of residence in its own right, independent of the original purpose of residence. It entitles the holder to take up gainful employment and is not subject to any time or geographical restrictions.
Procedure
- You must apply for a settlement permit before your current residence permit expires.
- 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 documents will be checked (please bring your documents to the appointment, preferably in the original).
- If your application is approved, your fingerprints will be taken for the purpose of issuing the settlement permit in the form of an 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 rejection notice.
Who should I contact?
Immigration office
Prerequisites
- You have held a residence permit for self-employment as an entrepreneur (not as a freelancer) for three years.
- Your residence permit was granted under Section 21(1) or (2a) of the Residence Act for the purpose of self-employed, entrepreneurial activity.
- You are able to cover your living expenses (including health insurance) for yourself (and your family) from the income generated by your business activities, independently – that is, without having to rely on state benefits (Income earned by your family members or profits from capital assets cannot be taken into account).
- You can provide evidence of adequate pension provision.
- There are no grounds relating to public security or public order that would prevent you from staying in Germany (you have no criminal record).
Which documents are required?
- Recognised and valid identity document (e.g. passport or passport substitute)
- Current biometric photo in passport format (45 x 35 mm)
- Residence permit under Section 21(1) or (2a) of the Residence Act
- Evidence of the successful implementation of the original business idea (documents that allow for a clear assessment of the business performance to date)
- Evidence of means of support (e.g. proof of income, personal funds, a blocked account, a declaration of financial support, a tenancy agreement)
- Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy)
- Proof of pension provision
The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.
What fees are incurred?
Amount (fee): 124.00
Remark:
Additional fees may apply for the issue of a settlement permit in the form of an electronic residence permit, which can also be used as an electronic identity document.
The time and form in which fees are charged and paid vary depending on the authority.
Lower fees may apply to Turkish nationals.
What deadlines do I have to observe?
Duration (for a range): 6 to 8
Note (for more information on the deadline):
The application should be received by the Immigration Authority no later than six to eight weeks before your visa or current residence permit expires.
The settlement permit is granted for an indefinite period. Only the electronic residence permit (eAT card) is issued for a fixed term and must be renewed once it has expired.
Processing time
Duration (for a range): approx. 6 to 8
Note regarding further information on processing times:
The processing time may vary depending on the capacity utilisation of the foreigners authority.
It takes the Bundesdruckerei around 4 to 6 weeks to produce the electronic residence permit.
Legal basis
Legal remedy
- 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
Applications / Forms
Informal application possible: Yes
Personal appearance required: Yes
What else should I know?
- If you are working as a freelancer with a residence permit under Section 21(5) of the Residence Act, you will only be eligible for a settlement permit after five years. Different conditions will then apply.
- The proceedings are usually conducted in German.
- A settlement permit may lapse if you stay outside Germany for more than six months, unless this stay abroad has been agreed in advance with the Immigration Authority.
- 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.