LumenWhat do freelancers need for a German residence permit?
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Germany's Residence Act lets the immigration authority grant a residence permit for freelance work (freiberufliche Tätigkeit) without the economic-interest and financing test that applies to other self-employment. If your profession needs a licence, it must already be granted or promised. Local expert bodies and licensing authorities still take part in the assessment.
Key facts
| What | The law says | Source |
|---|---|---|
| Legal basis | A residence permit for a freelance activity can be granted in derogation from § 21(1) | AufenthG § 21(5) sentence 1 |
| Business test | The three conditions of § 21(1) (economic interest, positive effect, secured financing) are not required | AufenthG § 21(5) sentence 1 |
| Professional licence | If the profession needs a licence, it must be granted or promised | AufenthG § 21(5) sentence 2 |
| Who gives an opinion | Local expert bodies, trade authorities, public professional bodies and licensing authorities are involved | AufenthG § 21(5) sentence 3, § 21(1) sentence 3 |
| Paragraph 4 | Does not apply to freelancers | AufenthG § 21(5) sentence 4 |
| What counts as freelance | Independent scientific, artistic, writing, teaching and educational work, and listed professions | EStG § 18(1) no. 1 |
What the law requires
Section 21(5) of the Residence Act is a separate route for freelancers. The authority “can” grant the permit, so it is a discretionary decision. The law waives the business test of § 21(1): you don’t have to show an economic interest or regional need, a positive effect on the economy or secured financing.
Two things remain. If your profession requires a licence to practise, the licence must be granted or at least promised. And the authority involves the bodies with local expertise, the trade authorities, the public professional bodies and the licensing authorities, as § 21(1) sentence 3 requires.
The law also says § 21(4) doesn’t apply to freelancers. That paragraph holds the three-year maximum for the self-employment permit and the faster settlement permit after three years of self-employment.
Who is a freelancer
The Residence Act uses the term “freiberufliche Tätigkeit”. The Income Tax Act defines freelance activity: independent scientific, artistic, writing, teaching or educational work, and the independent work of doctors, dentists, vets, lawyers, notaries, patent attorneys, surveying engineers, engineers, architects, commercial chemists, auditors, tax advisers, consulting economists, sworn accountants, tax agents, non-medical practitioners (Heilpraktiker), Dentisten, physiotherapists, journalists, photojournalists, interpreters, translators, maritime pilots and similar professions (EStG § 18(1) no. 1).
Related questions
- Other self-employment (a trade business or company) goes through § 21(1) with its three conditions.
- Starting freelance work also means notifying the tax office within one month (AO § 138).
Sources
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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.