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Freelancer Visa Germany
Information on the freelancer and artist visa for Germany (especially Berlin)
... what a freelancer visa is and what other visas are available for the self-employed
... what requirements you need to fulfil for a freelancer visa
... how to apply for a freelancer visa and a freelancer residence permit
... what special features you need to bear in mind when applying for an artist visa in Berlin
... when the freelancer visa expires
HERE YOU LEARN ...
Written by: Attorney at Law (Berlin)
Publication date: 05.04.2024
Estimated reading time: 17 min.
1. Freelancer visa Germany
2. Requirements for freelancer visa
2.1 Proof of livelihood/financing for freelancers
2.2 Health insurance for freelancers
2.3 Adequate pension provision
3. How do I apply for a freelancer visa for Germany?
3.1 Competent German diplomatic mission abroad
3.2 Necessary documents for a freelancer visa
3.3 Freelancer visa fees
3.4 Processing time (2024) freelancer visa
3.5 What to do after receiving the freelancer visa
4. Artist visa in Berlin and artists' social security fund for foreigners
5. Expiry of freelancer visas
6. FAQ
Table of Content
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1. Freelancer visa Germany
To work as a foreign freelancer in Germany, in most cases you will need a freelancer visa. The freelancer visa is a subtype of the visa for self-employed persons (§ 21 AufenthG). Compared to the entrepreneur or start-up visa, however, a freelancer visa is comparatively easy to obtain. In this respect, a business plan is required, but you do not necessarily have to register a business or be entered in the commercial register. It is also often not necessary to be entered in the transparency register as a freelancer.
Which professional groups can apply for a freelancer visa?
However, not every foreigner can apply for a freelancer visa. In many cases, a foreign self-employed person will not be a "freelancer", but a "trader". In this respect, tradespeople must register their own company with the Trade Licensing Office and comply with certain tax and competition regulations that do not apply to freelancers. Freelancers generate income from self-employment (§ 18 EStG), whereas tradespeople generate income from commercial operations (§§ 15-17 EstG) and must therefore also pay trade tax.
Section 18 of the Income Tax Act (EStG) regulates which activities count as liberal professions:
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Self-employed scientific, artistic, literary, teaching or educational activities,
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the self-employed professional activities of doctors (including dentists and veterinary surgeons), lawyers, notaries, engineers, architects, tax advisors and auditors, consultants in the business sector, journalists, interpreters and translators.
If you have any doubts about how your self-employment should be categorised and which visa you need to apply for, it is advisable to seek advice from a lawyer specialising in migration law before applying. They can use their legal skills to help you categorise your self-employed activity correctly and apply for the right visa.
2. Requirements for a freelance visa
As a freelancer, you need a freelancer visa to enter Germany from a non-EU country. After entering the country, you must apply for a residence permit for freelance work at the local immigration authority.
The requirements for the issue of a visa for freelancers (Sec. 21 (5) AufenthG) are
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Proof of financing the project(income forecast),
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securing a livelihood (e.g. existing assets),
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health insurance,
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professional licence, if applicable (only for so-called "regulated" professions such as the legal profession or the architectural profession),
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if applicable, an appropriate pension scheme (if over 45 years of age).
2.1 Proof of livelihood/financing for freelancers
In general, a forecast of the expected income from freelance work must be submitted as proof of financing the project. Specifically, proof must be provided to the immigration authority that the freelance work is also affordable (in particular rent and health insurance, see § 2 AufenthG). In the case of artists and language teachers, proof of other regular income, for example from their own assets, regular remittances from parents liable to pay maintenance or the submission of a declaration of commitment from a solvent third party is also sufficient (but see below specifically on artists). If the freelancer wishes to work on a fee basis, a letter of intent must be submitted, as well as the fee contract.
In addition, the submission of a tenancy agreement or proof of home ownership is often required, as well as the submission of evidence of other housing costs (e.g. current bank statements showing the monthly rent).
2.2 Health insurance for freelancers
Proof of a secure livelihood also includes adequate health insurance cover. Those with statutory health insurance are adequately insured. Those with private health insurance must pay attention to the type and scope of their health insurance. Private health insurance cover is sufficient if it corresponds to the type and scope of statutory health insurance cover, i.e. in particular it must not provide for any major exclusions of benefits, must not require the insured person to pay a higher deductible than €300 per year in the event of illness and must not limit the costs to be reimbursed in the event of illness. Not all insurance policies fulfil these requirements. This applies in particular to so-called "expat" or "incoming" insurance policies.
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2.3 Adequate pension provision
In certain cases, proof of adequate pension provision must also be provided in order to apply for a freelancer visa. However, proof of adequate pension provision is only required if the freelancer is older than 45 . Proof can be provided in the form of a private pension insurance or life insurance policy, own assets, acquired pension entitlements or business assets.
For the following nationalities, the State Office for Immigration (LEA) in Berlin or immigration authorities generally waive the requirement for an adequate pension on the basis of international treaties under certain circumstances: Dominican Republic, Indonesia, Japan, Philippines, Sri Lanka, Turkey and United States of America.
3. How do I apply for a freelancer visa for Germany?
If you fulfil the requirements for obtaining a visa for freelancers, you can apply for a freelancer visa at the German embassy or consulate responsible for you. Below we explain which embassy is responsible, which documents must be submitted and what else needs to be considered.
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3.1 Competent German diplomatic mission abroad
The visa must be applied for at the German diplomatic mission responsible for your country. You can book an appointment for this at the embassy. You can find out which German embassy is responsible for your visa application using the consulate finder of the Federal Foreign Office.
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3.2 Necessary documents
A list of the documents required to apply for a visa for freelancers can be found at your local embassy or consulate (see above).
In most cases, at least the following documents will be requested by the embassy when applying for a freelancer visa:
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Application form, including the declaration of true and complete information
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Valid passport
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Biometric passport photos (35 x 45 mm)
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Previous German residence permit, if applicable
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Description of your planned freelance work, supported by fee contracts and/or
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Letters of intent("Letter of Intent")
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Curriculum vitae
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Any existing certificates, diplomas and qualifications
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Letter of motivation
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Proof of a secure livelihood for at least 1 year
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Proof of health insurance
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Proof of sufficient pension provision (if you are 45 years or older)
In principle, however, you can also find the requirements on the website of the respective embassy . If you are applying for a freelancer visa in Dubai, for example, you will find a more detailed description of the documents required for a German visa for freelancers from Dubai on the website of the German Consulate General in Dubai.
Please note, however, that the requirements may vary from consulate to consulate.
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3.3 Visa fees for freelancers
The fees for applying for a visa for freelancers are generally €75.00 and are typically payable on site on the day of the visa appointment. Whether this must be paid in cash or can also be paid with a visa or debit card varies from embassy to embassy. The details can usually be found on the website of the respective embassy.
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3.4 Processing time (2024) Freelancer visa
It is generally difficult to determine the exact processing time for a freelancer visa. The embassy usually has three months to process an application for a freelance visa (Section 75 VwGO). This means that if you submit a visa application (e.g. in writing), the embassy must decide on this application within three months. If it fails to do so, you can take legal action against the authority's failure to act (so-called action for failure to act).
You can find further details on the acceleration of freelancer visa applications in our article on the processing time for visa applications.
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3.5 What to do after receiving the visa
As soon as the visa has been issued by the embassy, you can enter Germany. Please note, however, that the visa is only valid for a limited period of time. Therefore, once you have received the visa and entered Germany, you must apply for a residence permit for freelancers from the immigration authority responsible for you in Germany. This will then allow you to stay in Germany for a longer period of time and work here as a freelancer.
It is advisable to seek advice from a lawyer specialising in migration law before applying for a visa. A lawyer specialising in visa law can use their legal skills to help you with your application and thus reduce the risk of your application being rejected by the embassy. If you have already received a rejection of your freelancer visa, a remonstration procedure or a lawsuit before the Berlin Administrative Court can often lead to the visa being granted.
4. Artist visa for freelancers in Berlin
Many people come to Germany (and Berlin in particular) to pursue an artistic activity. The freelancer visa is therefore particularly relevant for artists in Berlin. According to the procedural information on residence in Berlin (VAB), artists are always assumed to have an overriding economic interest in the "art and film capital Berlin", so that artists are generally given preferential treatment when a residence permit is issued in Berlin.
However, if you are staying in another city in Germany and wish to apply for an artist's visa or a freelancer's visa, you must do so at the foreigners authority in your place of residence. You can use the authority finder to find the authority responsible for you. To do this, you must enter your home address. It is therefore important that you are already registered with a residential address in Germany (so-called registration certificate).
Once you have found the relevant immigration authority, you must apply for the residence permit for freelancers there. The residence permit for freelancers can be applied for in any way (e.g. by post, e-mail, online contact form or through a lawyer). At immigration authorities in larger German cities, you can also book an appointment directly via the online platform on the immigration authority's website. For foreigners authorities in smaller cities, you may have to make an appointment by e-mail or telephone.
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Tip: Appointments at the immigration authorities are often fully booked months in advance. It is therefore important to try to make an appointment at the immigration office as early as possible and to submit the necessary documents as soon as possible. However, if your residence permit expires before you have the appointment, you can also submit the application online or by post to trigger the "fictional effect" (fictional certificate, Section 81 (3 - 5) Residence Act).
To apply for a residence permit in Berlin, you must submit the following documents to the Berlin Immigration Office (LEA )using the online contact form:
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completed and signed form "Antrag auf Erteilung eines Aufenthaltstitels" (PDF),
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valid passport,
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biometric photo,
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Income forecast for freelancers/artists,
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Other supporting documents: Assets, declaration of commitment, bank transfer from parents
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Letters of intent for co-operation,
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Fee contracts for artists,
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Curriculum vitae,
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References and certificates,
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Health insurance,
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Tenancy agreement or proof of home ownership,
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Registration confirmation and tenancy agreement or landlord confirmation.
The application for a residence permit for freelancers costs 100.00 euros in Berlin.
Important: The immigration authorities in Germany often have different requirements for the application depending on the location. The clerks at the immigration authorities also often prioritise the importance of individual documents submitted differently. We therefore recommend that you really make sure that you have all the necessary documents required by the relevant immigration authority before submitting your application.
Joining the Artists' Social Security Fund (KSK) as an artist
It is advisable for artists to apply for membership of the Künstlersozialkasse (KSK). This is part of the statutory social security system and includes pension insurance and long-term care insurance. This enables artists to provide proof of their livelihood. However, to become a member of the Künstlersozialkasse as a freelancer, you must fulfil various requirements.
The requirements for admission to the Künstlersozialkasse as a foreigner are
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The pursuit of a self-employed artistic/publishing activity as your main occupation (art must therefore be your main source of income),
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the earned income (income minus expenses) must be above the marginal earnings threshold of € 3,900 per year and
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no more than one employee is employed in connection with the artistic/publishing activity.
Within these three requirements, there are various pitfalls (especially in the case of short-term employment as a performer or actor), as the Künstlersozialkasse (KSK) sometimes refuses to accept these applications. If in doubt, you can consult a lawyer specialising in residence or social security law.
5. Duration and expiry of freelancer visas
The residence permit for freelance work is usually issued for a period of 1 to 3 years. If it is not extended within this period, it expires. Whether the residence permit can be extended is decided by the responsible immigration authority after submission of the above-mentioned documents, as well as the following supporting documents:
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Tax assessment notices,
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Net profit calculation by a tax consultant,
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bank statements (which prove a regular inflow of funds) and
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statements of account, e.g. with gallery owners and auction houses.
You can find out exactly which documents are required on the website of your immigration office or from your immigration officer. In Berlin, for example, you can view the necessary documents on the Berlin Service website for freelancer visas.
6. FAQ Freelance-Visa
