The German Freelance Visa

Freelancing in Germany involves appreciating the difference between freelancers in “liberal” professions (“freier Beruf “) and those in commercial professions (“Gewerbe”). The German Freelance Visa is designed for “Freiberufler” from liberal professions. Such professions are seen as those that will positively impact German culture and the economy. Traditionally, such freelance professions involve self-employment in healthcare, law, tax advisors, architects, engineers and other roles as outlined by the § 18 Income Tax Act of Germany (EStG). There are differences between the two positions as freelancers do not need to be registered with the German Trade Register or pay the trade tax. There are also differences relating to bookkeeping requirements and business registration.

The process for self-employed entrepreneurs is different. They can also apply to reside in Germany under § 21 German Residence Act; however, they need to demonstrate that their business will have a positive impact on the economy, that it meets an economic interest or regional need, and the financing must be secured by equity capital or a loan commitment. Self-employed entrepreneurs can learn more about the requirements for starting a company in Germany by visiting our Business Immigration page.

Applicants from countries like the USA, Australia, Canada, New Zealand,  the UK, Israel, South Korea and Japan can apply for a Freelance Visa in Germany. These individuals can visit Germany on visa-free travel and make the application from Germany. Other individuals from Germany can also apply for it if they are there on a previous visa. Such visas or residence permits may include the EU Blue Card, the Working Holiday Visa and the Job Seekers’ Visa. Applying for a German Freelance Visa at the German embassy or consulate in the applicant’s home country is also possible. However, it is crucial in such situations to be fully aware of the requirements for the application.

First and foremost, crafting a comprehensive business plan is a linchpin in your application. This blueprint isn’t merely a formality but a roadmap detailing your envisioned freelance activities. Every element contributes to portraying your entrepreneurial insight and foresight, from delineating the services or products to targeting specific markets and outlining financial projections and marketing strategies.

Other factors can also demonstrate that fake self-employment is happening, such as having a client company email address, having a client’s logo on your business card or other forms of communication, attending staff meetings and more. If you are in such a situation as an employer or freelancer, it is essential to consult with our legal team to find out your options.

Age and Pension Considerations: Although the Freelance Visa is not limited by working age, there are issues to be aware of if you are older than 45. The German authorities need to ensure that the applicant has made adequate retirement preparations before granting them the visa. Applicants must demonstrate that they have a private pension plan that provides enough for them by the time they reach retirement age or have the required amount as personal assets.

Once shown that you are eligible for the German Freelance Visa, applying involves several steps and can be time-consuming. Generally, the application process can take up to three months, which needs to be factored into planning. Some essential considerations play a role in determining the eligibility of freelancers. Freelancers must ensure they have the required and recognised professional qualifications when applying and these can include a university degree or vocational training. Financial projections envisioning income streams, expenses, and the potential profitability of the applicant’s freelance endeavours are pivotal to the applicantion. They must also ensure they have sufficient funds and valid health insurance to support themselves in Germany. The applicant must also present a clean criminal record.

A significant aspect of the application process is the business plan. Freelancers must present a suitable business plan that outlines their intended freelance activities. The business plan outlines intended freelance activity in Germany, including the target market, services or products offered, pricing, marketing strategy, and financial projections. The business plan aims to demonstrate to German authorities that the applicant has a viable plan for their freelance activity and that they are likely to be successful in their endeavours.

When applying, applicants need to demonstrate that they can financially support themselves in Germany. Letters from future clients in Germany are needed to demonstrate that your services are sought after in Germany. Please note that it is better to have more than one letter when going to the meeting. Here is a list of documents to have ready for the application process. Please note, that the exact documents will vary depending on your area of expertise and the individual circumstances of your case.

• Completed visa application,
• Valid passport with additional passport pictures,
• An up-to-date CV,
• Visa fee,
• Health Insurance (most likely from a German provider),
• Letters of Recommendation,
• Professional Authorization (proof of expertise),
• Education and qualification certification,
• Freelance plan,
• Letters of commitment from future clients (proving your income will continue),
• Proof of local accommodation with a signed lease: the “Anmeldung”.

Our lawyers will assist you with the preparation for the application and will advise you on which documents should be translated into German.

Upon arrival in Germany, it is then expected that the visa holder registers their German address with the local Bürgeramt. From there, it is required to open a bank account, ensure that your health insurance is appropriate and register with the tax office where you are residing. At the tax office (“Finanzamt”), the freelance visa holder needs to complete the “Fragebogen zur steuerliche Erfassung” to receive a tax number. This number is needed for the authorities to tax the individual correctly.

The processing time for a German Freelance Visa application can vary depending on various factors, such as the workload of the German embassy or consulate processing your application and the completeness of your application. The processing time for a German Freelance Visa application can range from several weeks to several months. In general, submitting your visa application at least 8 weeks before your planned travel date is recommended to allow for sufficient processing time, although earlier is recommended.

Applicants can avoid common pitfalls within their application by working with our legal professionals. Our lawyers have supported clients worldwide in their applications and are ready to oversee your application and ensure it follows the requirements. We will ensure that the visa application is complete and accurate before submitting it because any missing or incomplete information can delay the processing of the application. Where possible, our lawyers will look to accelerate the application process and advise you on further actions that can be taken.

Freelancers in Germany have extensive rights and obligations under German law. Freelancers need to understand them to ensure they will be legally protected. Firstly, a successful application for a visa provides the right to work as a freelancer. Freelancers can receive fair pay for their work by the agreed-upon rates and terms. They also have the right to work in a safe and healthy environment free from hazards and risks. Freelancers should keep accurate records of their work, income, expenses, and relevant contracts or agreements to protect their rights.

With these rights come obligations such as tax and social insurance responsibilities. Freelancers in Germany fall under taxation regulations, necessitating registration for tax purposes and adherence to tax obligations based on the nature and volume of income generated. Understanding value-added tax (VAT) regulations becomes imperative depending on your freelance activities. Further, meticulous financial reporting, potentially annually, holds significance for tax compliance and potential requisites by German authorities.

Our Schlun & Elseven Rechtsanwälte legal team can advise them about registering for their tax number and German tax returns. Freelancers must comply with German employment law concerning minimum wage regulations, working time restrictions, and other labour standards. Failure to comply with German law can result in fines, penalties and denial of future visa applications. It can also result in losing the Freelance Visa and legal status in Germany. It is important to take tax obligations seriously and ensure you meet all legal requirements.

Freelancers should also be aware of the contents of their freelance plan, as it may be the case that they will be restricted to what is listed in that plan. The scope of your Freelance Visa specifically delineates approved freelance activities as defined in your application. However, undertaking any form of employment requiring a separate work permit, whether full-time, part-time, or not aligning with your approved freelance category, remains restricted for Freelance Visa holders. Freelancers should, therefore, consult a lawyer in advance if they decide to make significant changes to their activities. Deviating too far from the plan may require them to apply for a new visa. Our lawyers can also be relied upon to provide up-to-date information regarding developments in German immigration and labour laws that could affect their legal status as freelance workers.