HERE YOU LEARN ...
... what a freelancer visa is and what other visas there are for the self-employed
... what requirements you must meet for a freelancer visa
... how to apply for a freelancer visa and a freelancer residence permit
... what special features you need to consider when applying for an artist visa in Berlin
... when the freelancer visa expires
Written by:
Attorney
Publication date:
17.03.2024
Reading time
11 mins
Table of Content
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. Responsible German diplomatic mission
3.2. Required documents Freelancer visa
3.3. Visa fees for freelancers
3.4. Processing time (2024) Freelancer visa
3.5. Further steps after receiving the freelancer visa
4. Artist visa in Berlin and artist social insurance fund for foreigners
5. Expiration of freelancer visas
6. FAQ
1. Freelancer Visa Germany
In order to work as a foreign freelancer in Germany, you will in most cases need a freelancer visa. The freelancer visa is a sub-type of the visa for the self-employed (Section 21 of the Residence Act). However, compared to the entrepreneur or start-up visa, a freelancer visa is comparatively easy to obtain. A business plan is required, but you do not necessarily have to register a business or be entered in the commercial register . As a freelancer, it is also often not necessary to be entered in the transparency register .
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 “businessperson”. Businesspeople must therefore register their own company with the trade office and comply with certain tax and competition law regulations that do not apply to freelancers. The freelancer earns income from self-employment (Section 18 of the Income Tax Act), while the businessperson earns income from the commercial enterprise (Sections 15-17 of the Income Tax Act) and must therefore also pay trade tax.
Section 18 of the Income Tax Act (EStG) regulates which activities are considered to be freelance professions:
Independently carried out scientific, artistic , literary, teaching or educational activities,
the self-employed professional activities of doctors (including dentists and veterinarians), lawyers, notaries, engineers, architects, tax consultants and auditors, consultants in the business sector, journalists, interpreters and translators.
If you are unsure about how to classify your self-employment and which visa you need to apply for, it is advisable to seek advice from a lawyer specializing in immigration law before applying. With their legal skills, they can help you classify your self-employment correctly and apply for the right visa.
2. Requirements for freelancer visa
As a freelancer, you need a freelancer visa to enter Germany from outside of the EU. After entering the country, you must apply to the local immigration authorities for a residence permit to pursue freelance work.
The requirements for issuing a visa for freelancers (Section 21 Paragraph 5 of the Residence Act) are:
proof of financing of the project ( revenue forecast ),
securing livelihood (e.g. existing assets),
health insurance ,
if applicable, professional practice permit (only for so-called "regulated" professions such as lawyer or architect),
if applicable, appropriate retirement benefits (if over 45 years of age).
2.1. Proof of livelihood/financing for freelancers
In general, a preview of the expected income from the freelance work must be submitted to prove that the project is financed. In concrete terms, it must be proven to the immigration authorities that the freelance work is affordable (in particular rent and health insurance, see Section 2 of the Residence Act). For artists and language teachers, proof of other regular income, for example from their own assets, regular transfers from parents who are obliged to pay maintenance, or the submission of a declaration of commitment from a solvent third party is sufficient (but see specifically for artists below). If the freelancer wants to work on a fee basis, a letter of intent for cooperation must be submitted, as well as the fee agreement.
In addition, the submission of the rental agreement or proof of home ownership is often required, as well as the submission of receipts for 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 extent of their health insurance. Private health insurance cover is sufficient if it corresponds in type and extent to that of statutory health insurance cover, i.e. it must not exclude any benefits on a large scale, must not require the insured person to pay a deductible higher than €300 per year in the event of illness and must not contain any limit on the costs to be reimbursed in the event of illness. Not all insurance policies meet these requirements. This applies in particular to so-called “expat” or “incoming” insurance policies .
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 only needs to be provided if the freelancer is older than 45 years . Proof can be provided by an insurance offer through a private pension insurance or life insurance policy, through one's own assets, through acquired pension entitlements or through business assets.
For the following nationalities, the State Office for Immigration (LEA) in Berlin or immigration authorities in general waive appropriate pension provision under certain circumstances based on international treaties: Dominican Republic, Indonesia, Japan, Philippines, Sri Lanka, Turkey and the United States of America.
3. How do I apply for a freelancer visa for Germany?
If you meet the requirements for a freelance visa , you can apply for a freelance visa at the German diplomatic mission responsible for you. Below we will explain which embassy is responsible, which documents must be presented and what else you need to bear in mind.
3.1. Responsible German diplomatic mission
The visa must be applied for at the German diplomatic mission responsible for your country. You can book an appointment at the embassy . You can find out which German embassy is responsible for your visa application using the Foreign Office's consulate finder .
3.2. Required documents
A list of the documents required to apply for a freelancer visa can be found at your responsible foreign representation (see above).
In most cases, the embassy will request at least the following documents when applying for a freelancer visa:
Application form , including the declaration of true and complete information
Valid passport
Biometric passport photos (35 x 45 mm)
Previous German residence permits, if applicable
Description of your planned freelance work, supported by fee contracts and/or
Letters of Intent
CV
Any existing certificates, diplomas and qualifications
Motivational letter
Proof of a secure livelihood for at least 1 year
Proof of health insurance
Proof of adequate retirement provision (if you are 45 years or older)
3.1. Responsible German diplomatic mission
The visa must be applied for at the German diplomatic mission responsible for your country. You can book an appointment at the embassy . You can find out which German embassy is responsible for your visa application using the Foreign Office's consulate finder .
3.2. Required documents
A list of the documents required to apply for a freelancer visa can be found at your responsible foreign representation (see above).
In most cases, the embassy will request at least the following documents when applying for a freelancer visa:
Application form , including the declaration of true and complete information
Valid passport
Biometric passport photos (35 x 45 mm)
Previous German residence permits, if applicable
Description of your planned freelance work, supported by fee contracts and/or
Letters of Intent
CV
Any existing certificates, diplomas and qualifications
Motivational letter
Proof of a secure livelihood for at least 1 year
Proof of health insurance
Proof of adequate retirement provision (if you are 45 years or older)
In principle, however, you can also find out the requirements on the website of the respective embassy . For example, if you are applying for a freelancer visa in Dubai, you will find a more detailed description of the necessary documents for a German visa for freelancers from Dubai on the website of the German Consulate General in Dubai.
Please note, however, that requirements may vary from consulate to consulate.
3.3. Visa fees for freelancers
The fee for applying for a visa for freelancers is generally €75.00 and is typically payable on site on the day of the visa appointment. Whether this has to be paid in cash or can also be paid with a Visa or debit card varies from embassy to embassy. You can usually find the details on the website of the respective embassy.
3.4. Processing time (2024) Freelancer visa
In general, it is difficult to determine the exact processing time for a freelancer visa. The embassy usually has three months to process an application for a freelancer visa (§ 75 VwGO). So if you submit a visa application (e.g. in writing), the embassy must decide on this application within three months. If it does not do this, you can take legal action against the authority's inaction (so-called inaction action).
For more details on how to speed up freelancer visa applications, please see our article on visa application processing times.
3.5. Further steps 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, after receiving the visa and entering Germany, you must apply for a residence permit for freelancers from the immigration office 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 specializing in immigration law before applying for a visa. A lawyer specializing in visa law can use his or her legal skills to help you with the 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 still lead to the visa being granted.
3.5. Further steps 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, after receiving the visa and entering Germany, you must apply for a residence permit for freelancers from the immigration office 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 specializing in immigration law before applying for a visa. A lawyer specializing in visa law can use his or her legal skills to help you with the 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 still lead to the visa being granted.
4. Artist visa for freelancers in Berlin
Many people come to Germany (and especially to Berlin) to pursue artistic activities. The freelancer visa is therefore particularly relevant for artists in Berlin. According to the procedural guidelines for residence in Berlin (VAB), artists' stays are always assumed to be in the overriding economic interest of the "art and film capital Berlin", so that artists are generally given preferential treatment when it comes to granting a residence permit in Berlin .
If you are in another city in Germany and want to apply for an artist visa or a freelancer visa, you must do this at the immigration office of your place of residence. You can find the authority responsible for you via the Authority Finder To do this, you must provide your residential 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 responsible immigration authority, you must apply for a residence permit for freelancers there. The residence permit for freelancers can be applied for in any way imaginable (e.g. by post, by email, using an 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 . At immigration authorities in smaller cities, you may have to make an appointment by email or telephone.
If you are in another city in Germany and want to apply for an artist visa or a freelancer visa, you must do this at the immigration office of your place of residence. You can find the authority responsible for you via the Authority Finder To do this, you must provide your residential 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 responsible immigration authority, you must apply for a residence permit for freelancers there. The residence permit for freelancers can be applied for in any way imaginable (e.g. by post, by email, using an 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 . At immigration authorities in smaller cities, you may have to make an appointment by email or telephone.
To apply for a residence permit in Berlin, you must submit the following documents to the State Office for Immigration (LEA) using the online contact form :
completed and signed form “Application for a residence permit” (PDF) ,
valid passport,
biometric photo,
Earnings forecast for freelancers/artists,
Other evidence: assets, declaration of commitment, transfer from parents
Letters of intent for cooperation,
Fee contracts for artists,
CV / curriculum vitae,
References and certificates,
Health insurance,
Rental agreement or proof of home ownership,
Confirmation of registration and rental agreement or confirmation of accommodation provider.
Applying for a residence permit for freelancers in Berlin costs 100.00 euros.
Joining the Artists’ Social Insurance Fund (KSK) as an artist
It is advisable for artists to apply for admission to the Artists' Social Insurance Fund (KSK). This is part of the statutory social insurance and includes the insurance branches of pension insurance and long-term care insurance. This allows artists to prove that they have a secure livelihood. However, to become a member of the Artists' Social Insurance Fund as a freelancer, you must meet various requirements.
The requirements for admission to the Artists’ Social Insurance Fund as a foreigner are:
the exercise of a self-employed artistic/journalistic activity as a main occupation (art must therefore be the main source of income),
the earned income (income minus expenses) must be above the marginal income threshold of €3,900 per year and
a maximum of one employee is employed in connection with the artistic/journalistic activity.
There are various pitfalls within these three requirements (especially for short-term employment as a performer or actor ), as the Artists' Social Insurance Fund (KSK) sometimes refuses to accept these applications. If in doubt, you can consult a lawyer specializing in immigration or social law.
5. Duration and expiration 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. The responsible immigration authority decides whether the residence permit can be extended after submitting the above-mentioned documents, as well as the following documents:
Tax notices,
Net profit determination by a tax advisor,
Bank statements (proving a regular inflow of funds) and
Settlements e.g. with gallery owners and auction houses.
Tax notices,
Net profit determination by a tax advisor,
Bank statements (proving a regular inflow of funds) and
Settlements e.g. with gallery owners and auction houses.
You can find out which documents are required on the website of your immigration authority or from your clerk. In Berlin you can view the necessary documents on the Berlin Service website for freelancer visas, for example .
6. FAQ (Freelancer Visa)
Do I have to report my freelance activity to any authority in Germany, similar to the trade office?
Instead of registering with the trade office, your freelance work must be registered with the tax office. The tax office is authorized to issue a tax number and collect taxes from you based on your freelance work.
Does the accelerated skilled worker procedure also apply to artists?
The accelerated skilled worker procedure does not apply to artists, as they are generally not skilled workers within the meaning of the Skilled Worker Immigration Act. However, if an artist has a recognized degree, such as theater studies at a recognized university, and is employed with an employment contract in a position for which his degree qualifies him, the accelerated skilled worker procedure may well be an option.
Can a freelancer be granted a permanent residence permit after 3 years of residence (as is the case for self-employed traders)?
No, if you are self-employed with a residence permit in accordance with Section 21 Paragraph 5 of the Residence Act, you can only be granted a settlement permit after 5 years. Other requirements then apply. The privilege regarding the possibility of a permanent residence permit for self-employed people therefore only applies to tradespeople and not to freelancers due to the systematic position in the law.
Do the documents to be submitted to the immigration authorities and foreign missions have to be submitted in German?
Where possible, we recommend that you submit the requested documents in German or at least have them translated into German beforehand. This will facilitate the speedy processing of your application and allow the responsible clerk to fully understand the nature and scope of your freelance activity.
Do the appointments for a freelancer visa at the German immigration authorities take place in English or German?
The appointments for a freelancer visa are usually held in German, as German is the official language in the authorities. If you still have difficulties with the German language, it is advisable to have a translator or, in very important matters, even a German lawyer with you at the appointment, who can support you both linguistically and legally at your appointment.
Do I have to show a flight ticket when applying for a freelancer visa?
Flight bookings are not required to apply for a freelancer visa.
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Tax registration for freelancers in Berlin (government website)
Literature: BeckOK AuslR/Breidenbach, 42nd Ed. 1.4.2024, Residence Act, § 21 Rn. 14, 15
