The German Investor Visa allows investors to move to Germany and conduct business there. Although an applicant may have successfully obtained the visa initially, they are not guaranteed that it will be renewed and therefore professional legal support is strongly advised throughout the process.
At Schlun & Elseven Rechtsanwälte, our full-service law firm specialises in business immigration services, such as managing such renewal applications. Our team is ready to guide our clients through the complex requirements and regulations set by the German government in this field.
If you would like to benefit from our legal services, please do not hesitate to contact our law firm directly using our contact details below.
Applying for the Renewal of a German Investor Visa
The German Investor Visa allows its holder to live and conduct business in Germany for three years. It is permitted under § 21 German Residence Act (AufenthG) and is provided in situations where an applicant can successfully demonstrate that:
- there is an economic interest or a regional need for the activity and
- the activity is expected to have a positive effect on the economy and
- the financing of the implementation is secured by equity capital or a loan commitment.
With the Investor Visa, the holder is granted residence in Germany and can conduct business there. It also permits family reunification and travels within the Schengen Zone.
When renewing the Investor Visa, the applicant must demonstrate that the above conditions are still valid and applicable to their situation. They also need to verify that the general requirements for granting a German residence permit are fulfilled in their case as outlined in § 8 German Residence Act (AufenthG). These conditions are, namely, that they can secure livelihood, have clarified their identity, and possess a valid national passport.
When renewing the German Investor Visa, applicants should follow the following steps:
- Gather the required documents,
- Submit the application to the German embassy or consulate in their country,
- In some cases, they will need to attend an interview with the German authorities,
- Wait for a decision, which the German authorities will provide in writing.
The documents vary in cases, and working with our legal team can ensure that the process is carried out as smoothly as possible.
How Schlun & Elseven Rechtsanwälte can Assist
As a full-service law firm, there are many ways how our legal professionals support clients through the visa renewal process.
Along with legal advice about the requirements of the visa and the risks involved with the application, our lawyers manage the application process by reviewing documents and ensuring that the application is completed correctly. We are also available to examine and amend your company’s business plan if necessary.
In cases of dispute, our attorneys can oversee the communication with the German authorities (such as the Foreigner’s Office, the regional Chamber of Commerce and regional business development offices) on your behalf. Should the application be refused, we will advise you regarding appealing the decision and other options.
Regarding compiling documents, it should be noted that the specific requirements vary depending on the particular circumstances. However, documents that are often needed include the following:
- A valid passport,
- Proof of investment, such as bank statements,
- Evidence of sufficient financial means to support oneself during the stay in Germany,
- Proof of health insurance,
- A CV,
- A business plan.
Our lawyers will examine your case and advise you on which documents you need.
Time Frames for Investor Visa Renewal
When applying to renew an investor visa, applicants should be aware that it can take several weeks or months to process. Therefore, planning to renew the application should occur much earlier than the current visa’s expiration date. In some circumstances, further delays can be due to requirements for additional documents, which can lead to more significant stress and feelings of insecurity.
At Schlun & Elseven Rechtsanwälte, our business immigration lawyers have supported clients worldwide in such cases over many years. Working with our team allows our experts to oversee your application and ensure that it fulfils all the requirements and is completed in an organised manner.
Utilising our experience allows us to advise you regarding specific documents and information that may be required in your case. Furthermore, our attorneys will stay in contact with the embassy/consulate and other authorities to ensure they do everything they can to process the applicant promptly. Should there be additional methods by which the application can be accelerated by prioritisation, our lawyers will advise you about those possibilities. Once the German Investor Visa is renewed it is valid for an additional three years.
Appealing a Refusal to Renew the German Investor Visa
It is not uncommon for a German Investor Visa renewal to be refused. Applicants should enter the application process without presuming it will be granted without question. The German authorities can refuse an application for various reasons, including failing to demonstrate that the investment and business activities have been successful, lack of progress in the venture, failure to maintain the required investment capital, fraud accusations and inadequate job creation.
Therefore, applicants should strongly consider working alongside legal experts before engaging in the process.
Suppose the Investor Visa renewal application is denied. In that case, it may be necessary for the applicant to depart Germany, and they will likely not be allowed to re-enter Germany for some time. Such a decision is based on the reason for the denial of the Investor Visa. The reason for the rejection will be provided in writing by the German authorities.
Appealing the decision is not always possible, and in cases where it is not possible, the applicant may need to reapply again at a future date. Appeal processes will also vary based on the reason for the refusal and depending on which German state decided against the renewal.
Suppose a party is seeking to appeal the decision. In that case, they should consult with professional legal advice, as that appeal will require carefully reviewing the authorities’ decision and examining whether they have provided appeal options in their letter. It will also require gathering evidence, primarily if the applicant seeks to claim that there were errors in the original application.
At Schlun & Elseven Rechtsanwälte, our legal team advises clients on all matters relating to appealing such decisions and is ready to represent you in such cases. Just as in the renewal process, our lawyers are available to communicate with the German authorities on your behalf.
Practice Group: German Business Immigration Law
Practice Group:
German Business Immigration Law
