responsibility finder
Schleswig-Holstein

Applying for a settlement permit for the self-employed

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

As the holder of a residence permit for the purpose of self-employed (entrepreneurial) activity, you can be granted a settlement permit after just three years if

  • you have successfully realized your business idea and
  • you and your family members are able to earn a living.

The group of family members to be taken into account is defined by the characteristic of the family community and the maintenance obligation.

Other authorities may be involved in assessing whether your entrepreneurial activity has been successfully realized.

The settlement permit is an independent right of residence, independent of the original purpose of residence. It entitles you to pursue gainful employment and is unlimited in terms of time and territory.


Process flow
  • You must apply for a settlement permit before the validity of your current residence permit expires.
  • Find out whether your foreigners authority allows you to apply online or has a special application form.
  • If you can only apply in person, make an appointment at the immigration office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
  • During the appointment, your identity and documents will be checked (please bring your documents to the appointment, in the original if possible).
  • If your application is approved, your fingerprints will be taken for the production of the settlement permit in the form of the electronic residence permit (eAT card).
  • The Foreigners' Registration Office will commission the Bundesdruckerei to produce the eAT card. After completion, you will receive information and can collect the eAT card from the responsible office. The eAT card must always be collected in person.
  • If your application is rejected, you will receive a notice of rejection.
Competent authority

The foreigners authority responsible for the applicant's place of residence is responsible for processing the application.

Requirements
  • You have been in possession of a residence permit for entrepreneurial self-employment (not freelance work) for three years.
  • Your residence permit was issued for self-employed, entrepreneurial activity in accordance with Section 21 (1) or (2a) of the Residence Act.
  • You are able to support yourself (and your family) independently with the income from your entrepreneurial activity (including health insurance), i.e. without claiming public benefits (income from your family members or profits from capital assets cannot be taken into account).
  • You can prove that you have sufficient retirement provisions.
  • There are no reasons of public safety and order preventing your stay in Germany (you are exempt from prosecution).
Which documents are required?
  • Recognized and valid identity document (e.g. passport or passport substitute)
  • Current biometric photo in passport format (45 x 35 mm)
  • Residence permit according to § 21 paragraph 1 or paragraph 2a of the Residence Act
  • Proof of the successful realization of the original business idea (documents that allow a comprehensible assessment of the business results to date)
  • Proof of means of subsistence (e.g. proof of income, equity capital, blocked account, declaration of commitment, rental agreement)
  • Proof of health insurance cover (e.g. confirmation of health insurance cover or insurance policy)
  • Proof of pension provision

The documents and information must always be submitted in German. In individual cases, the Immigration Office may require less or further proof.

What are the fees?

Cost amount (fee): 124.00

Remark:

Additional fees may apply for the issuing of a settlement permit in the form of an electronic residence permit, which can also be used as electronic proof of identity.

The time and form of fee collection and payment vary depending on the authority.

Lower fees may apply for Turkish nationals.

What deadlines do I have to pay attention to?

Duration (for span): 6 to 8

Note (for more information on the deadline):

At the latest six to eight weeks before your visa or current residence permit expires, the application should be received by the Aliens' Registration Office.

The settlement permit is issued for an unlimited period. Only the electronic residence permit (eAT card) is issued for a limited period and must be renewed at the end of its validity.

Processing duration

Duration (for span): approx. 6 to 8

Note for further information on the processing time:

The processing time may vary depending on the workload of the immigration office.

The production of the electronic residence permit by the Bundesdruckerei takes about 4 to 6 weeks.

Legal basis
Appeal
  • Appeal against the decision of the immigration authority within one month of notification.
  • Legal action before the court named in the objection notice if the objection is not upheld
Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: Yes

What else should I know?
  • If you are working as a freelancer with a residence permit in accordance with Section 21 (5) of the Residence Act, you can only be granted a permanent residence permit after 5 years. Other requirements then also apply.
  • The procedure is usually carried out in German.
  • A settlement permit may expire if you spend more than six months outside Germany if this stay abroad was not previously agreed with the Foreigners' Registration Office.
  • All information provided to the Foreigners' Registration Office should be correct and complete to the best of your knowledge and belief so that your application can be processed without major delays.
  • Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the revocation of previously granted residence rights, a fine, a prison sentence of up to three years or expulsion from the federal territory.
  • Due to the complexity of residence law, this description is for information purposes only and is not legally binding.
Author

The text was automatically translated based on the German content.

Technically approved by

Ministry of the Interior and Municipal Affairs of the State of Brandenburg

Professionally released on

28.10.2022

Process flow

  • You must apply for a settlement permit before the validity of your current residence permit expires.
  • Find out whether your foreigners authority allows you to apply online or has a special application form.
  • If you can only apply in person, make an appointment at the immigration office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
  • During the appointment, your identity and documents will be checked (please bring your documents to the appointment, in the original if possible).
  • If your application is approved, your fingerprints will be taken for the production of the settlement permit in the form of the electronic residence permit (eAT card).
  • The Foreigners' Registration Office will commission the Bundesdruckerei to produce the eAT card. After completion, you will receive information and can collect the eAT card from the responsible office. The eAT card must always be collected in person.
  • If your application is rejected, you will receive a notice of rejection.

Competent authority

The foreigners authority responsible for the applicant's place of residence is responsible for processing the application.

Requirements

  • You have been in possession of a residence permit for entrepreneurial self-employment (not freelance work) for three years.
  • Your residence permit was issued for self-employed, entrepreneurial activity in accordance with Section 21 (1) or (2a) of the Residence Act.
  • You are able to support yourself (and your family) independently with the income from your entrepreneurial activity (including health insurance), i.e. without claiming public benefits (income from your family members or profits from capital assets cannot be taken into account).
  • You can prove that you have sufficient retirement provisions.
  • There are no reasons of public safety and order preventing your stay in Germany (you are exempt from prosecution).

Which documents are required?

  • Recognized and valid identity document (e.g. passport or passport substitute)
  • Current biometric photo in passport format (45 x 35 mm)
  • Residence permit according to § 21 paragraph 1 or paragraph 2a of the Residence Act
  • Proof of the successful realization of the original business idea (documents that allow a comprehensible assessment of the business results to date)
  • Proof of means of subsistence (e.g. proof of income, equity capital, blocked account, declaration of commitment, rental agreement)
  • Proof of health insurance cover (e.g. confirmation of health insurance cover or insurance policy)
  • Proof of pension provision

The documents and information must always be submitted in German. In individual cases, the Immigration Office may require less or further proof.

What are the fees?

Cost amount (fee): 124.00

Remark:

Additional fees may apply for the issuing of a settlement permit in the form of an electronic residence permit, which can also be used as electronic proof of identity.

The time and form of fee collection and payment vary depending on the authority.

Lower fees may apply for Turkish nationals.

What deadlines do I have to pay attention to?

Duration (for span): 6 to 8

Note (for more information on the deadline):

At the latest six to eight weeks before your visa or current residence permit expires, the application should be received by the Aliens' Registration Office.

The settlement permit is issued for an unlimited period. Only the electronic residence permit (eAT card) is issued for a limited period and must be renewed at the end of its validity.

Processing duration

Duration (for span): approx. 6 to 8

Note for further information on the processing time:

The processing time may vary depending on the workload of the immigration office.

The production of the electronic residence permit by the Bundesdruckerei takes about 4 to 6 weeks.

Legal basis

Appeal

  • Appeal against the decision of the immigration authority within one month of notification.
  • Legal action before the court named in the objection notice if the objection is not upheld

Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: Yes

What else should I know?

  • If you are working as a freelancer with a residence permit in accordance with Section 21 (5) of the Residence Act, you can only be granted a permanent residence permit after 5 years. Other requirements then also apply.
  • The procedure is usually carried out in German.
  • A settlement permit may expire if you spend more than six months outside Germany if this stay abroad was not previously agreed with the Foreigners' Registration Office.
  • All information provided to the Foreigners' Registration Office should be correct and complete to the best of your knowledge and belief so that your application can be processed without major delays.
  • Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the revocation of previously granted residence rights, a fine, a prison sentence of up to three years or expulsion from the federal territory.
  • Due to the complexity of residence law, this description is for information purposes only and is not legally binding.

Author

The text was automatically translated based on the German content.

Technically approved by

Ministry of the Interior and Municipal Affairs of the State of Brandenburg

Professionally released on

28.10.2022

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