RESIDENCE PERMIT

I. SELF-EMPLOYED WORKERS FROM THE USA, CANADA, AUSTRALIA, NEW ZEALAND, JAPAN, KOREA AND ISRAEL APPLYING FOR A LIMITED RESIDENCE PERMIT (AUFENTHALTSERLAUBNIS)

1. Self-employed workers from the USA, Canada, Australia, New Zealand, Japan, Korea and Israel applying for a limited residence permit (Aufenthaltserlaubnis)
2. No requirement of any work permitting procedure

Conditions:

• prevailing economic interest or specific regional need for this business,
• expectation of a positive impact to economy, and
• secured finance of the business by own capital or loan.

1. Registration with the municipal authorities (Meldebehörde, Einwohnermeldeamt) where the applicant is going to live
2. Registration with authorities under the law of trade and business or specific professions (Gewerbeamt, berufsständische Kammern) where the business is going to be done
3. Registration with the tax authorities (Finanzamt) VAT responsibility: tax authority where the business is going to be done Personal income tax: tax authority where the tax payer is living:

The immigration office will issue the residence permit under its discretion. After three years there is the possibility of obtaining an unlimited residence permit (Niederlassungserlaubnis; see sub III.).

Further Conditions:

• business successfully realized, and
• secured living.

III. SELF-EMPLOYED FOREIGN WORKER AFTER THREE YEARS OF SUCCESSFUL BUSINESS IN GERMANY APPLYING FOR UNLIMITED RESIDENCE PERMIT (NIEDERLASSUNGSERLAUBNIS)

1. Application for unlimited residence permit (purpose: work in Germany furthermore) with immigration office in Germany (Ausländerbehörde) where the business is located

Conditions:

• relevant business done in Germany for three years,
• business successfully realized, and
• secured living.

2. No requirement of any work permitting procedure.

The immigration office will issue the residence permit under its discretion.

V. EMPLOYEE TRANSFERRED TO GERMANY FROM OTHER COUNTRIES EXCEPT EU APPLYING FOR LIMITED RESIDENCE PERMIT (AUFENTHALTSERLAUBNIS)

1. Application for residence permit (purpose: work in Germany)

• application for residence permission at the German embassy in the home country
• The application form will be sent to the immigration office in Germany (Ausländerbehörde) where the applicant will work.

Criteria:

• requirements of German commerce
• need for efficient fight against unemployment in Germany
• labour market in Germany

Needed Documents:

• employer statement bearing that the employee is transferred to Germany
• employer statement bearing that the employee is a member of the health insurance
• working contract with German employer (working conditions)
• names and date of birth

2. Work permitting procedure is required: acceptance by the labour authority (Agentur für Arbeit) located where the applicant is doing his job

Acceptance (under the discretion of the labour authority) when:

• no disadvantageous impact to the German labour market (in regard of employment structure, regions and branches),
• employer statement bearing that the employee is a member of the health insurance
• German employees or comparable EU employees not available for the relevant job, and
• employment of the applicant as favourable as for a comparable German employee.

3. No requirement of registration with tax authorities (employer is in charge.)

The immigration office will issue the residence permit under its discretion.

VII. HIGH PROFESSIONAL FROM USA, CDN, AUS, NZ, J, K, IL TRANSFERRED TO GERMANY (GREEN CARD CASES) APPLYING FOR UNLIMITED RESIDENCE PERMIT (NIEDERLASSUNGSERLAUBNIS)

1. Application for unlimited residence permit (purpose: work in Germany as high professional) with the immigration office in Germany (Ausländerbehörde) where the applicant works

Conditions:

• Highly qualified employee, in particular:
• scientists with specific professional skills
• lecturers in a high position
• scientific employees in a high position
• specialists and senior managers with specific work experience, earning at least € 7,050.00 per month
• acceptance by the labour authority (Agentur für Arbeit) (see sub 2)),
• guaranteed integration into the living conditions in Germany, and
• secured living without governmental support.

Needed Documents:

• employer statement bearing that the employee is transferred to Germany
• employer statement bearing that the employee is a member of the health insurance
• working contract with German employer (working conditions)
• names and date of birth

2. Acceptance (under the discretion of the labour authority) when the employment of the applicant will not lead to a disadvantageous impact to the German labour market

Work permitting procedure is required: acceptance by the labour authority (Agentur für Arbeit) located where the applicant is doing his job.

3. The immigration office will then issue the unlimited residence permit under its discretion.

No requirement of registration with tax authorities (employer is in charge.)