What does § 21 AufenthG mean?
The Residence permit § 21 AufenthG has special features that make it very different from most other residence permits. To understand these special features, you need some background knowledge. So let's start with the meaning of the right of residence § 21 and the exact purpose of this right.
Why do you get § 21 AufenthG?
You will receive the Residence permit § 21 AufenthG if you are self-employed. Self-employment means that you are not employed by a third-party company, but are your own boss and either own your own company or work independently on various contracts without being permanently employed.
The requirements for self-employment are associated with many supporting documents and only if you can show these documents and proofs do you have a chance of obtaining the Residence permit for self-employment or freelance work.
Once the Residence permit has been approved, you will be in a very good position with your Residence permit . Especially if you run your own business and make a contribution to the German economy. Germany needs entrepreneurs and people who set up their own business and invest in Germany. Accordingly, such an approach is also supported.
Who receives § 21 AufenthG?
The Residence permit § 21 AufenthG is granted to people who are self-employed or freelancers. In both cases, the Foreigners' office checks very carefully what exactly the plan is and how promising and secure the self-employment or freelance work is. Accordingly, the requirements for this Residence permit are very high.
The proof of security for your self-employment or freelance work is therefore crucial to the question of whether you will ultimately be granted Residence permit § 21 AufenthG. The more convincingly you can demonstrate the security of your business or freelance organization, the more likely it is that you will ultimately be granted a right of residence under Section 21 AufenthG.
Naturalization with § 21 AufenthG?
How do you obtain § 21 AufenthG?
Regardless of whether you are applying for Residence permit § 21 AufenthG because you are self-employed or a freelancer, the application process, the examination and the final issue of the residence permit are the same in each case. The options for revoking your Residence permit are also identical.
This is how the application for § 21 AufenthG works
The application for § 21 AufenthG starts with the organization of all necessary documents. If you are self-employed, it is important that you provide as much evidence as possible to show that your livelihood is secure and that you will be of economic benefit to the general public.
Once you have all the documents together, the next step is to contact the Foreigners' office that is responsible for you. They will give you the application form for the application and arrange an appointment. If the application process at your Foreigners' office also works online, you do not need to make an appointment. Then fill out the application form and check and sort your documents again
In the final step, you attend the appointment and hand in your application for Section 21 AufenthG with complete documents and application form.
Examination of the application for § 21 AufenthG
Once you have submitted your documents for the application for § 21 AufenthG, you will have to wait. The Foreigners' office responsible for you now has 3 months (12 weeks) to process your application. Among other things, a prognosis will be made as to whether you can be expected to secure your livelihood in the long term through self-employment or freelance work.
In addition to this forecast, all other documents will also be checked for correctness by Foreigners' office . If you have not received a response from the authority after 3 months, you can file a Lawsuit for failure of act complaint. This will then be processed by the administrative court and the court will set the authority a deadline for processing. You will then receive an answer and response to your application for § 21 AufenthG at the latest
Granting of § 21 AufenthG
Once your application has been processed, you will usually be contacted by the authorities with a positive result. Your application will be accepted and you will be sent a card for your new Residence permit § 21 AufenthG.
In a few cases, the answer may be negative and you will receive a rejection for your application for Sec. 21 AufenthG. Now you must react quickly. You have 2-3 weeks to file an appeal against the decision of Foreigners' office .
You must file this complaint with the relevant administrative courts (Administrative Court, Higher Administrative Court and Federal Administrative Court). In the event of a negative decision, you must also observe the above-mentioned deadline of 2-3 weeks after the decision.
If you have failed in all three instances of the administrative courts, then you cannot obtain the Residence permit § 21 AufenthG. The decision is then final and can no longer be appealed.
The Residence permit § 21 AufenthG is issued for 3 years. However, these 3 years may vary if your national passport is not valid for this long. If it becomes clear after 3 years that you are able to support yourself and your family, you can apply for Settlement permit .
If you are not yet able to secure your livelihood (e.g. due to coronavirus, or part of the family needs support from the state), the Residence permit will be extended. For this purpose, you must submit a verification report under § 21 para. 1 and § 21 para. 2a AufenthG, which has been completed by a lawyer, auditor or tax consultant.
The fees for the extension vary. At the Immigration Office of the City of Berlin, for example, the fee is 96 euros, with the exception of Turkish citizens. They pay 37 euros after the age of 24 and 22.80 euros before the age of 24.
The first grant of § 21 AufenthG generally costs 100 euros per person (i.e. if you have not previously had Residence permit ). A change from another Residence permit to § 21 AufenthG costs 98 euros. An extension of § 21 AufenthG for more than 3 months costs 93 euros and an extension of 3 months (not more) costs 98 euros.
Revocation of § 21 AufenthG
As with any other Residence permit , the Residence permit § 21 AufenthG can also be withdrawn in the event of serious criminal offenses. For this, there must be a review of the situation in accordance with Section 52 AufenthG. During the review, your situation will be analyzed and the seriousness of the crime will be weighed up in relation to your biography and situation.
This revocation procedure can only take place if there are reasons under § 54 AufenthG that permit such a procedure. Generally speaking, if you have not committed a crime, you are always on the safe side and you do not need to worry about these points.
The requirements for § 21 AufenthG
The requirements for Section 21 AufenthG vary depending on whether you are self-employed with your own company or a freelancer with contracts for various companies. This mainly concerns financial security. Different criteria are checked for the two different cases.
Existence of an economic interest or regional need
An important point that you must prove if you want to apply for Residence permit as an entrepreneur under Section 21 (1) AufenthG is that you can demonstrate the economic benefit or regional need arising from your self-employment. For example, you must show in a business plan how your company will benefit the economy in Germany, the general public or a specific region in which you live.
This business plan states, for example, how many employees you have, the business plan has a revenue forecast and a liquidity plan. The IHK (Chamber of Industry and Commerce) uses this to make an assessment. The IHK Berlin explains on its website exactly what you need to pay attention to. According to this, it is helpful for the assessment if you set up your plan concretely and with as many supporting documents as possible.
Expectations of positive effects on the economy are visible
Your business plan must also make it clear that your investment and your company will have a positive effect on the German economy. It is therefore important that you make it clear what impact your company and your investment will have on Germany as a business location. The more clearly you can illustrate the positive effects for different sectors of the economy and the general public, the better.
The financing of self-employment is secured through equity or a loan commitment
A very important point as a prerequisite for your self-employment, but also for freelance work, is that you can prove through the income you earn each month that your livelihood is secured through your self-employment. If you have a company, proof of loan approval and proof of income from sales in connection with your self-employment will help here.
In the case of freelance work, proof of monthly income from freelance work for various companies for which you perform work is helpful. For example, as a journalist or artist. You can use these documents to demonstrate the security of your freelance status. It is important here that the regularity of your income over several months is visible and clear. It is also important for you to list your own expenses per month (for your freelance work, e.g. work equipment or office, travel) and a sales forecast, as well as the amount of your investments.
You are exempt from providing proof of economic interest under Residence permit Section 21 (5) AufenthG (freelance work).
Further requirements for § 21 AufenthG
In addition to these requirements, proof of your qualifications is required. These qualifications can be university degrees, training qualifications or professional experience.
Further requirements are that you have health insurance and that your identity has been clarified. In addition, housing costs, rental agreement and proof of main residence must be available.
Another form of Section 21 AufenthG is Residence permit Section 21 (2a) AufenthG. People with this Residence permit are also exempt from providing proof of economic interest. People with § 21 Para. 2a AufenthG have completed a course of study and then obtained the title by working independently as a researcher or scientist. In this case, proof of research and scientific activity is required.
Necessary documents for § 21 AufenthG
Depending on the variant of Section 21 AufenthG, the necessary documents are based on the requirements set out in the conditions.
You will need the following documents for Section 21 (1) AufenthG:
- Business plan with visibility of economic interest and economic impact.
- IHK assessment of your self-employment.
- Proof of loan commitments and income.
- Housing costs and rental agreement.
- Proof of previous Residence permit.
- Proof of qualification.
- Proof of identity
- Proof of your expenses
- Proof of pension provision from the age of 46
You will need these documents for Section 21 (5) AufenthG:
- Proof of income from your freelance work.
- Housing costs and rental agreement.
- Proof of your expenses (office, travel expenses).
- Proof of qualification.
- Proof of identity
- Evidence of the previous Residence permit
- Proof of pension provision from the age of 46
With § 21 para. 2a AufenthG you need the following documents:
- Proof of your research/scientific activity.
- Housing costs and rental agreement.
- Proof of previous Residence permit.
- Proof of income and expenditure for the month.
- Proof of qualification.
- Proof of identity.
- Proof of retirement provision from the age of 46.
The advantages of § 21 AufenthG
The Residence permit § 21 AufenthG has some positive aspects. These positive points relate to travel, family reunification, but also the application to Settlement permit. It is helpful if you are aware of these advantages and know that you can benefit from them.
Travel with § 21 AufenthG
Traveling with § 21 AufenthG is feasible without any difficulties. You should always have your Residence permit and valid travel documents with you when traveling. When it comes to traveling, it does not matter whether you are traveling in Germany or abroad, both are possible. You can also travel to your country of origin and visit relatives or friends there without any worries.
Family reunification with § 21 AufenthG
Family reunification is possible for you. It is important that you can prove that you and your family will be able to support yourselves after reunification through self-employment or freelance work. If this is the case and you receive a positive prognosis from the Immigration Office in this regard, then family reunification is possible without any further problems.
Advantages regarding Settlement permit
You have an advantage with your Residence permit as far as the Settlement permit is concerned. If, after 3 years, a review determines that your self-employment or freelance work is successful, you can apply for the Settlement permit and save yourself the length of stay that would be necessary with other Residence permit .
In contrast to the normal application for Settlement permit , you can therefore submit your application for Settlement permit earlier than with the usual 5 years of residence with Residence permit .
The disadvantages with § 21 AufenthG
Despite its many advantages, § 21 AufenthG also has a few negative aspects. These negative points relate to the link to self-employment and the associated risk, the issue of retirement provision (depending on when you submit the application for Section 21 AufenthG) and very strict controls and checks on securing a livelihood.
Proof of retirement provision from the age of 46
If you are older than 45 when you apply for Section 21 AufenthG, you must provide information about your pension provision. This is to ensure that you pay into the pension system and have sufficient assets and that there is security for the state in this regard. This evidence can be provided via a private pension insurance policy, your own assets or business assets.
Residence permit is linked to self-employment
You are tied to self-employment with your Residence permit . This naturally involves a risk. After 3 years of the residence permit, there is an obligation to submit a test report before the extension in the case of § 21 Para. 1 and § 21 Para. 2a. This report checks whether your self-employment is working and whether you and your family can make a living from it. The audit report must be written by a tax consultant, auditor or an experienced lawyer.
Even if you are self-employed in accordance with Section 21 (5), it is necessary to provide information on your income and expenses after your residence permit expires before it is extended and to make it clear how you and your family finance your living expenses.
Stricter checks on proof of livelihood
Proof of livelihood is a crucial requirement under Section 21 AufenthG and is subject to strict controls if you are self-employed. In contrast to employment with an employer, your calculation must be correct in each case and this calculation is carefully checked. The Foreigners' office wants to make sure that you are successful with your planned self-employment or freelance work and that you are not dependent on the state and can provide for yourself.
The path from § 21 AufenthG to Settlement permit
The path from § 21 AufenthG to Settlement permit is easier than with other residence permits. As a holder of § 21 AufenthG, you already meet the key requirements for Settlement permit . The application is correspondingly uncomplicated.
The steps for the application with § 21 AufenthG
The first step is to organize the documents for the application for the Settlement permit to organize. You already have some of the documents. Now you need to add the remaining documents. Once you have all the documents relating to the requirements, the next step is to contact your Foreigners' office. Ask for the application form to be sent to Settlement permit and arrange a deadline for submitting the application.
You then fill out the application form completely, sort and check your documents and appear at the agreed appointment. Once the application has been submitted, the authority will check your application. If necessary, you can submit an Lawsuit for failure of act. Once your application has been checked, you will receive a positive response that your application has been approved and you will receive the Residence permit from Settlement permit . The authorities will send you a card for your new Residence permit .
The documents for the application with § 21 AufenthG
You will already have proof of sufficient means of subsistence. Other necessary conditions for Settlement permit according to § 9 AufenthG are a successfully completed naturalization test and a B1 certificate. If you have both of these documents, your move to Settlement permit will be successful.
The path from § 21 AufenthG to Naturalization
You can access Naturalization with your Residence permit § 21 AufenthG directly from your Residence permit , but also via Settlement permit . You have the advantage that you already meet the requirements for Naturalization when applying for Naturalization through the conditions for your Residence permit for self-employed persons or freelancers.
The process of Naturalization with § 21 AufenthG
As with the Settlement permit and the application for a Residence permit , the process of applying for the Naturalization of § 21 AufenthG starts with the organization of the necessary documents. Once you have organized the other documents in addition to the ones you already have, you can proceed to the next step.
The next step is to contact the naturalization authority responsible for you. They will give you the application form and arrange a deadline for submitting your application. Take your time to fill out the application form completely and then sort through the documents again for checking purposes.
You then hand in your application at the appointment. The authority must now process your application. If necessary, submit an Lawsuit for failure of act. Once the application has been processed and checked by the authorities, you will be contacted. You will then be informed that your naturalization application has been successful and you will be invited to an appointment. At the appointment, you will receive your naturalization certificate and are now a German citizen.
Documents for Naturalization with § 21 AufenthG
In addition to your existing documents (security of livelihood), you must submit further documents for Naturalization . According to § 10 StAG, these additional documents are as follows:
- A signed declaration of loyalty and a commitment to the free democratic basic order.
- Proof of successful naturalization test.
- Proof of resignation from the citizenship of your home country (there are exceptions to this in § 12 StAG and you may not need this proof).
- Proof of legal residence for at least 8 years
- Proof of a B1 language certificate.
With a special integration achievement, you can leave Naturalization after just 6 years. Such an integration achievement would be, for example, a B2 certificate or voluntary work that you can prove.
The Naturalization after 7 years will work for you if you have all the documents and papers and an integration course certificate.
Summary
As you can see, the subject of residence permits for self-employment and freelance work is very extensive. Here is a summary of the most important points for you:
- The Residence permit § 21 AufenthG is issued to people who are self-employed or run their own business. People who are self-employed or work independently as researchers and scientists are also granted this right of residence.
- As an entrepreneur or self-employed person under Section 21 (1), you need proof of how your company promotes Germany's economic interests and has an economic impact. You can prove this with a business plan and an analysis by the Chamber of Industry and Commerce (IHK).
- If you work as a freelancer, you do not need to provide proof of financial interests. What is important here is that you state your monthly income and expenses and how you regularly work for companies on a freelance basis.
- After three years, or when your national passport expires, your Residence permit will be extended.
- If you are self-employed or freelance, you can apply to Settlement permit after 3 years.
- Family reunification is possible for you without difficulty if you can prove that you can support yourself and your family.
- You can travel both domestically and abroad without any problems. It is important that you have your travel documents (national passport) and your Residence permit with you.
Settlement permit with § 21 AufenthG?
FAQ - The most important questions and answers on Section 21 AufenthG
The Residence permit § 21 AufenthG is a Residence permit for self-employed persons, freelancers and people who work independently as scientists or researchers. § Section 21 (1) applies to people who have their own business or are self-employed. § Section 21 (2a) is for people who work as scientists or researchers. The variant § 21 para. 5 is available for freelancers.
Yes. Naturalization can be obtained without difficulty under § 21 AufenthG. By being self-employed, it is also supported by the German state. The German state has an interest in supporting people who invest in the German economy. This is the case for holders of § 21 AufenthG.
Securing your livelihood can be proven with § 21 AufenthG through proof of income and expenses. You can also prove that you have sufficient means of subsistence by means of orders from customers.
Yes. Settlement permit may even be possible after 3 years under § 21 AufenthG. If it is certain after 3 years that you are self-employed or freelance, then you can apply from this point onwards instead of after 5 years.
Yes, the decisive factor for family reunification is that you can guarantee that you and your family will be able to support themselves. If you can prove this, then nothing stands in the way of family reunification.
Traveling with § 21 AufenthG is not a problem at all. It is important that you remember to bring valid travel documents (national passport) and your Residence permit . It does not matter whether you are traveling in Germany or abroad and you can also travel to your country of origin.
The first issue of § 21 AufenthG costs 100 euros (if you did not previously have Residence permit ). If you change from another Residence permit to § 21 AufenthG, you pay 98 euros.
The Residence permit § 21 AufenthG is issued for 3 years. An exception to this is if your national passport expires earlier, in which case the date in your national passport applies. During the extension process, it will be checked whether your requirements for § 21 AufenthG apply. The costs for an extension of 3 months are 98 euros and for an extension of more than 3 months 96 euros.
