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Business Immigration to Germany: Private Clients & Business Clients
At Schlun & Elseven Rechtsanwälte our business immigration lawyers can expertly handle all of our clients’ legal requirements, regardless of whether these concern individuals or companies. Our lawyers have many years of experience of dealing with the complex demands placed on us and will respond quickly to the concerns of our clients when needed. The term Business Immigration covers a way to migrate to Germany as well as all foreigner law related matters for companies.
German Business Immigration for Companies
Germany remains the strongest economy in Europe and is one of the world’s leading countries when it comes to exports. Germany is a global leader in manufacturing, engineering and the chemical industry, as well as an increased focus on renewable energy sources Germany is preparing itself for the future. Nowadays, the domestic labor market is not sufficient to find the necessary skilled workers. For a company the international labor market is of great importance. However, this requires that you have a strong partner at your side who can reliably take care of all immigration law aspects of a professional from abroad. We offer comprehensive advice and representation in the field of German immigration law for companies.
Global Mobility of Employees
A successful business requires employees of the highest calibre. Our immigration law team can ensure your company does not miss out on the best talent. In-depth knowledge and experience allows our lawyers to quickly respond to your company’s needs. From handling applications for appropriate visas, such as the EU Blue Card or ICT-Card, and drafting employment contracts, to ensuring that your company is compliant in its employment law requirements, our full-service approach ensures that your company can smoothly access the expertise your company needs to bring it to the next level.
For multinational companies, our lawyers can provide reliable service in moving employees to your German subsidiary or branch office. We provide relocation services whereby we provide on-the-ground advice of the situation in Germany. This may mean advice on buying a property in Germany or on schooling options for their children, if they will be in the country for an extended period of time, our lawyers can provide this assistance. In turn, this makes the move for the employee in question easier and lays the path for a successful move to Germany.
German Citizenship & Permanent Residency
Availing of German citizenship, either through descent or through naturalization, ensures that the stay in Germany is easier. If it is established that the person in question is entitled to German citizenship, they do not need to be concerned with visas, EU Blue Cards or any other residence permits. For those who can gain citizenship through descent, coming to Germany from a third country is a much more straightforward process. Our lawyers will carry out the applications for management and for company employees who can gain such citizenship.
Of course, citizenship is not the only route for those looking to stay in Germany, residence and settlement permits are another option available. Our lawyers can also resolve all resident and settlement permit issues for your business. By allowing us to oversee the necessary bureaucracy in such applications, your business can operate with peace of mind knowing that your company’s management & employees’ futures are being looked after.
Family Immigration
Bringing top talent from outside the European Union to work for your business is easier when they can bring their family with them. A settled family life tends to lead to more motivated and productive employees, in turn contributing to a better environment in the workplace. Processing visa applications and working out the requirements for family reunification can be a time-consuming pursuit which can divert energy as different visas have varying requirements for family reunification. Our lawyers will oversee your employees’ family reunification concerns and application requirements, allowing them to focus elsewhere. Our page “Family Reunification in Germany” provides a complete picture of all the requirements applicants should be aware of.
Expanding Your Business to Germany
Expanding an established company to Germany brings challenges for even the most experienced of business professionals. The German market is a 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 for the move the 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 in order to ensure that no surprises emerge during the negotiations. Following the due diligence, our lawyers will there to 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 that there are 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.
Short-Term Business Visa
The Business Visa is used for short-term stays in Germany. It is used in cases where a professional person is seeking to enter Germany for a conference, trade fair, seminar or other business-related purpose. Such visas can be needed at short notice and our lawyers are prepared for this eventuality. We can be relied upon to give you clear guidance as to the requirements, the deadlines and in ensuring your application is handled in a manner whereby you can relax knowing that your application has been taken care of. Should you face difficulties returning to your home country with your Business Visa about to expire our lawyers can help you in the case for an extension.
Business Immigration to Germany for Investors and Entrepreneurs
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 general outline of requirements when it comes to business immigration to Germany but if you require more 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.
Business Immigration: The German Residence Act §21
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 therefore particularly privileged by the provision of § 21 German Residence Act. Before a residence permit pursuant to §21 can be applied for, the business concept must be carefully examined and needs to be adapted to the law’s requirements. These preparations are often time-consuming, but they eventually pay off.
Basic Requirements for Self-Employment Visa Germany
As self-employed persons, applicants can obtain a residence permit under simplified conditions. However, in order 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 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 for researchers and scientists working in Germany. In this case, not all of the above requirements need to be met 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 certain professional qualifications. Moreover, there is no minimum amount for investments. As well as this a residence permit according to §21 comes with the perspective of permanently settled status in Germany. The self-employed person can obtain a settlement permit after just three years and German citizenship after just six years under certain conditions. In addition, spouses and minor children acquire the right to family reunification as well.
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:
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First of all, the business idea needs to be adapted in order to meet the legal requirements of the German Residence Act.
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In addition to a general company profile, the competent authority usually demands for a business concept, a capital requirement plan and a financing plan. Therefore, the business idea needs to be enveloped in a business plan that is as coherent and as detailed as possible.
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The business plan is then revised in consultation with the regional Chamber of Industry and Commerce before submitting the D-Visa application.
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Eventually, the company must be founded in the appropriate form (e.g. GmbH as the German equivalent to Ltd).
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After obtaining a visa and after entering Germany, registration can take place at the local immigration authority.
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As a last step, the application for the residence permit pursuant to §21 takes place, at which point all necessary documents in relation to the business must be presented
Full Service Law Firm: General Relocation Service
The organisational effort that comes with a relocation often goes far beyond the initial application for papers. Since almost every area of life is affected by a decision to relocate, they all require an efficient restructuring which benefits from knowledge of the location, the market and the legal system. We help you get started professionally and privately by obtaining registrations, tax IDs, opening bank accounts and coordinating rental agreements, obtaining or renewing residence titles and work permits, applying for criminal records, car registrations, language courses, social benefits and much more. For our lawyers, dealing with authorities and overcoming bureaucratic difficulties is a simple matter of routine, allowing you to focus on more important aspects in business and life.
With offices in Cologne, Aachen, Düsseldorf and conference rooms in Munich, Hamburg, Berlin, Stuttgart and Frankfurt we are able to provide legal assistance to entrepreneurs, business executives and investors around Germany. We assist numerous foreign investors and company founders in setting up their own businesses in Germany. Our team have the appropriate skill and the necessary prudence to cope with bureaucratic challenges. We are well-versed in the intricacies of German law. Due to our law firm’s international focus, we are pleased to offer legal advice in Chinese, English, German, French, Spanish, Russian and Turkish. Our contact details are located on this page.
A full list of our services are outlined below.
- Drafting of business plans
- Visas and residence permits for employees: EU Blue Cards, ICT cards, etc.
- Professional admission and accreditation
- Professional licences and permits
- Real Estate Scouting
- General relocation service
- Guidance in all aspects of German Employment and Labour Law
- Legal counsel on German Contract Law
- Networking with local German companies
- Development of a legally sound investment strategy
Practice Group for German Business Immigration Law
Aykut Elseven
Lawyer
Dr. Tim Schlun
Lawyer
Abschira Kontny
Lawyer
Jens Schmidt
Lawyer
Contact our Practice Group concerning German Business Immigration law.
Samir Muratovic
Lawyer
Sandra Zimmerling
Lawyer
Daniel Schewior
Lawyer
Contact our team of German Business Immigration Lawyers
Please use the contact form to tell us about your concerns in the field of German business immigration law. After receiving your request, our business immigration lawyers will make a short preliminary assessment on the basis of the information provided and will provide you with a quotation.
Locations & Contact
Office Hours
Mon. – Fr:
09:00 – 19:00 o’clock
24h Contact:
+49 211 882 84196
E-Mail: info@se-legal.de
Appointments only after
telephone arrangement.
Aachen
Schlun & Elseven Rechtsanwälte PartG
Von-Coels-Straße 214
52080 Aachen (Eilendorf)
Tel: +49 241 4757140
Fax: 0241 47571469
Cologne
Schlun & Elseven Rechtsanwälte PartG
Kyffhäuserstr. 45
50674 Köln
Tel: +49 221 93295960
Fax: 0221 932959669
Düsseldorf
Schlun & Elseven Rechtsanwälte PartG
Königsallee 60F
40212 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669