Legal Solutions made in Germany

Schlun & Elseven serves private individuals as well as business clients from all over the world with questions concerning business immigration in Germany. The challenges can be very different. While clients can come to Germany via Business Immigration, business clients are looking for a reliable partner for all immigration issues of their business. We support both parties and are the right contact for business immigration in Germany.

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 in dealing with the complex demands placed on us and will respond quickly to our clients' concerns when needed. The term "Business Immigration" covers a way to migrate to Germany and all foreigner law related matters for companies.

Business Immigration to Germany for Investors and Entrepreneurs

Business investors and self-employed persons can obtain a German residence permit by acquiring or founding a company. This process is called Business Immigration.

Business Immigration Services for Companies

You are a company executive and want to employ foreign specialists in Germany as quickly as possible? Our Immigration Lawyers take care of all your immigration concerns to ensure the smooth running of your business in Germany.

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 labour market is not sufficient to find the necessary skilled workers. For a company, the international labour 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 allow our lawyers to respond to your company's needs quickly. From handling applications for appropriate visas, such as the EU Blue Card or ICT-Card, and drafting employment contracts, to ensure that your company is compliant with 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.

Our lawyers can provide reliable service in moving employees to your German subsidiary or branch office for multinational companies. We provide relocation services whereby we provide on-the-ground advice about the situation in Germany. This may mean advice on buying a property in Germany or on schooling options for their children. If they are in the country for an extended period of time, our lawyers can provide this assistance. In turn, this makes a move for the employee in question easier and lays the path for a successful move to Germany.

German Citizenship & Permanent Residency

Availing 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. 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 bringing their family with them. Settled family life tends to lead to more motivated and productive employees, 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 business professionals. The German market is 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 to move to 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 to ensure that no surprises emerge during the negotiations. Following the due diligence, our lawyers will 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 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 when a professional person is seeking to enter Germany for a conference, trade fair, seminar or other business-related purposes. 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 ensure 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 of 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 Germany: 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 particularly privileged by the provision of § 21 German Residence Act. According to §21, before a residence permit can be applied, 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, 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 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 of 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. Besides, 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:

  1. First of all, the business idea needs to be adapted to meet the German Residence Act's legal requirements.
  2. Additional to a general company profile, the competent authority usually demands 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.
  3. The business plan is then revised in consultation with the regional Chamber of Industry and Commerce before submitting the D-Visa application.
  4. Eventually, the company must be founded in the appropriate form (e.g. GmbH as the German equivalent to Ltd).
  5. After obtaining a visa and after entering Germany, registration can take place at the local immigration authority.
  6. As the last step, the application for the residence permit according to §21 takes place, at which point all necessary documents concerning 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 that 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, coordinating rental agreements, obtaining or renewing residence titles and work permits, applying for criminal records, car registrations, language courses, and social benefits and much more. For our lawyers, dealing with authorities and overcoming bureaucratic difficulties is routine, allowing you to focus on more important aspects in business and life.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.