German
Business Immigration
Lawyers

Expanding an established company to Germany brings challenges for even the most experienced business professionals. The German market is very lucrative, but there can be pitfalls in negotiating the complexity of German bureaucracy. Determining which organisational structure to pursue is a vital step in pursuing your goals to move to Germany. Expert analysis and specialised counsel is required when deciding how best to make the expansion to Germany.

Our lawyers provide thorough due diligence and keen advice built on years of experience when analysing M&A transactions. Comprehensive due diligence is a necessity to ensure that no surprises emerge during the negotiations. Following the due diligence, our lawyers will structure the most appropriate form of the transaction, bearing in mind your company’s goals and structures.

Alternatively, purchasing a ready-made shelf company is another option for those looking to expand to Germany. Such a purchase brings the benefit of having an established corporate body in the market and ensures fewer bureaucratic requirements in the setting up of your company. Once the company has been purchased, our corporate lawyers will oversee the bureaucratic necessities to allow the business to be shaped in the desired manner.

At Schlun & Elseven Rechtsanwälte, our team provides comprehensive relocation services to Germany from abroad. If your company is planning on relocating its employees, our team can be your reliable partner regarding work permits, residence permits (including EU Blue Card applications), finding accommodation, registering your employees in their new cities in Germany, helping them get registered for tax, translating official documents and providing personalised support relating to settling into their new location. Such tailored support includes providing information regarding insurance, child benefits and other social benefits, schooling options in Germany, making contacts in their area, registering for language courses and much more

Bringing top talent from outside the European Union to work for your business is easier when their family can come with them. Settled family life tends to lead to more motivated and productive employees, contributing to a better environment in the workplace.

Processing visa applications and working out the requirements for family reunification in Germany can be a time-consuming pursuit. Family reunification requirements can differ greatly depending on the relationship between the employee and the family member in question, and based on the visa-status of the applicant. Our lawyers will oversee your employees’ family reunification concerns and application requirements, allowing them to focus elsewhere.

Availing of German citizenship by descent and ancestry ensures that an employee can come to Germany and reside and enter employment there without the need for residence permits or visas. Determining whether a person can apply for German citizenship by descent can be a complex process. Locating the required documents and fulfilling the application requirements should be overseen by experienced legal professionals. At Schlun & Elseven Rechtsanwälte, our immigration law works alongside clients worldwide in German citizenship by descent applications. By working with our team on an ongoing basis, they will ensure that your company is fully aware of developments in the field of German citizenship law.

Similarly, our lawyers oversee applications for German citizenship by residency. German citizenship is open to those who have lived and worked in Germany for the required period and is governed by § 10 StAG (the German Citizenship Act ). German citizenship is available to those who have an unlimited right of residence in Germany, do not have a criminal record and have lived lawfully and habitually resident in the country for eight years. There may be a need to renounce their previous citizenship depending on the rules of dual citizenship, as it applies to their situation.

German citizenship can also be gained through marriage.

The German permanent residence permit is an unlimited residence title granted to a foreigner to consolidate their residence in Germany. It allows them to live and work in Germany without restrictions, whether as an employee or in self-employment. For companies, ensuring that their employees have permanent residence permits means that they can plan activities knowing they will be in Germany for the long term.

Permanent residency can come about in several manners, and eligibility for permanent residence is based on the residence permit that the individual used to come to Germany. The EU Blue Card, for example, grants its holder permanent residency in under four years, and can even provide permanent residency after 21 months, should its holder reach the required language standards.

If your company wants professionals to advise their employees regarding permanent residency, Schlun & Elseven Rechtsanwälte is a reliable partner who will ensure that your employees are fully aware of the options available to them. Our team will outline the requirements for German permanent residency and will oversee all applications.

The Business Visa is used for short-term stays in Germany. It is used when a professional person is seeking to enter Germany for a conference, trade fair, seminar or other business-related purposes. Such visas can be needed at short notice, and our lawyers are prepared for this eventuality.

The lawyers at Schlun & Elseven Rechtsanwälte can be relied upon to give you clear guidance as to the requirements the deadlines to be aware of and ensure your application is handled in a manner whereby you can relax. Should you face difficulties returning to your home country with your Business Visa about to expire, our visa lawyers are ready to advise you regarding extension cases.

As the largest economy in all of Europe and one of the world’s most popular migration destinations, Germany is particularly attractive for companies who seek to extend their business abroad. Situated at the heart of Europe and as a member of the European Union; Germany is the ideal location when it comes to business development and business immigration.

This page will provide you with the outline of requirements with business immigration to Germany but if you require personalised assistance please contact our legal staff. Our firm specialises in the area of immigration law but allies that expertise with knowledge in a wide-range of legal fields including employment law and corporate law.

The encouragement of innovation and entrepreneurship is a declared goal of the German Residence Act. Company founders, sole proprietorships, managing directors and legal representatives of partnerships and corporations are particularly privileged by the provision of § 21 German Residence Act. According to § 21 AufethG, the business concept must be carefully examined and adapted to the law’s requirements before applying for a residence permit. These preparations are often time-consuming, but they eventually pay off.

As self-employed persons, applicants can obtain a residence permit under simplified conditions. However, for the intended self-employment to be recognised under German law, it must primarily meet three requirements:

• It must meet an economic interest or regional need,
• It shall have a positive impact on the economy,
• The financing must be secured by equity capital or a loan commitment.

The competent authority assesses whether these conditions are met based on a variety of criteria, such as:

• The viability of the underlying business plan,
• The relevant business experience of the applicant,
• The amount of money to be invested in Germany,
• The businesses’ impact on the employment and training situation,
• The project’s contribution to innovation and research.

These requirements are even less rigorous for graduates of training courses or those with a German university degree and researchers and scientists working in Germany. In this case, the application must meet not all of the above requirements as long as the intended activity is related to the acquired qualification.

Advantages of a Residence Permit According to § 21 German Residence Act

Self-employed persons with a viable business plan do not have to prove any knowledge of the German language and do not need to present specific professional qualifications. Moreover, there is no minimum amount of investment.

As well as this, a residence permit according to § 21 AufentG comes with the perspective of permanently settled status in Germany. The self-employed person can obtain a permanent residence permit after just three years and German citizenship after just six years under certain conditions. Besides, their spouse and minor children also acquire the right to family reunification once this residence permit has been gained.

Procedure to Obtain a Residence Permit for Entrepreneurs in Germany

Since the competent authority subjects the intended self-employed activity to a detailed examination, it is recommended to proceed in the following steps when applying for a residence for the self-employed:

1. 1. First of all, the business idea needs to be adapted to meet the German Residence Act’s legal requirements.
   2. Additional to a general company profile, the competent authority usually demands a business concept, a capital requirement plan and a financing plan. Therefore, the business plan needs to be as coherent and detailed as possible.
   3. The business plan is then revised in consultation with the regional Chamber of Industry and Commerce before submitting the D-Visa application.
   4. Eventually, the company must be founded appropriately (e.g. GmbH as the German equivalent to Ltd).
   5. After obtaining a visa and entering Germany, registration can occur at the local immigration authority.
   6. As the last step, the application for the residence permit according to § 21 AufentG takes place, at which point all necessary documents concerning the business must be presented.

At Schlun & Elseven Rechtsanwälte, our business immigration lawyers have worked with company founders worldwide and are widely experienced in this process. Please consult with our team for detailed assistance with applying for the self-employment visa in Germany.