Relocating can be a challenge in the best of times, how much more for the professional relocating without a job offer in the new location? Yet, for some professionals, self-employment can prove to be a profitable way to experience life in a new country.

Sandy Warner recently interviewed Alexander Baron von Engelhard, attorney and author of The Legal Guide for Living in Germany (2003) www.Legal-Guide.info , and discussed several issues about work and residency permits for the self-employed.

No, but the professional’s residency permit must not have a statement prohibiting him or her from working in Germany. This statement is quite commonly added to residency permits. The stamp that prohibits the resident from working in a self-employed capacity can be altered at the Foreigner’s Office; the professional should request the changes, stipulating that he or she wants to open a business in Germany.

Generally, the individual must be able to show that he or she is a “good person” and has enough assets to live off of. These assets can be monetary wealth, income or support from a relative. The best assets are personal wealth or proof of employment. The main concern is that the individual will not need welfare or public assistance. A person who cannot support him/herself will unlikely be granted a residency permit.

Being a “good person” means demonstrating that one has never been convicted of a serious crime. Speeding or parking tickets are not generally cause for concern, but someone with a conviction for e.g. manslaughter or fraud is unlikely to be accepted.

A work permit is not required, but a residency permit that does not forbidding the individual from working in a self-employed capacity (see above) is. The general prerequisites for a residency permit are also applicable here, including a personal financial support structure. Demonstrating an intent not only to open a business but also to create employment through local hiring is a good strategy for securing a hearty welcome.

There is no definite regulation indicating a specific minimum. One must just show that there is enough money to live off of and run the business.

How is this demonstrated?

Through bank statements, credit lines, deposit statements, contracts, etc.

There are no insurance requirements. However, it is wise to have at least minimum insurance (health and private liability).

It can take up to a few weeks depending on the applicant’s nationality, any previous residence in Germany, any records with German law enforcement, etc.

Having all the documents prepared will greatly speed up the process. It can also be a good idea to discuss the application first with an attorney, to streamline the data.

Usually, the applicant must show a passport and work contract. The passport is never translated. The work contract, if not originally in German, will need to be translated, and both the original and translation provided.

Do something that nobody else wants to do. A professional with a specialty who can show that there is demand and shortage stands a much greater chance.

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