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Advice from people who applied for German freelancer visa

dianamabelmanriquemogrovejo

Hi everyone! I'm currently in Lima, Peru, and I’m preparing to apply for the freelancer visa in Germany (freiberufliche Tätigkeit) under § 21 (5) Residence Act.


I would love to connect with people who have already gone through this process and are now working as freelancers in Germany.


My main question is about the type of freelance work that qualifies. My plan is to work as a marketing consultant, offering strategic and digital marketing services. However, I'm confused because most of the examples listed under this visa (like artists, language teachers, or engineers) seem very specific, and I'm not sure if marketing consulting fits within the accepted freelance professions.


If anyone has gone through this process—especially with a business idea related to marketing, communications, or consulting—I’d really appreciate your insights, experience, and any advice you might have.


Thanks in advance!

See also

The Working Holiday Visa for GermanyWork visas for GermanyNon-EU citizen moving from another Schengen country to GermanyPerson on non-German EU dependent visa applying for German visit visaTemporary Permit in NL w/o Losing Niederlassungserlaubnis? "
beppi

The English word "freelancer" and the German "Freiberufler" are NOT the same - although they are often (wrongly) used interchangeably in translations.

"Freiberufler" applies onlyto a small number of professions, as listed on this page (in German only):

Marketing consultants and similar professions are NOT among them.

All other professions must, if they want to be self-employed, register a business. This is mainly a difference in level of administration and taxation, but also possible.

What all this means for visa purposes is a good question. If you find out more, please post it here, for the benefit of all readers!


However, one warning: Being self-employed (whether freelance or not) in Germany involves a lot of buerocracy, carried out in difficult German language, and errors are penalized heavily.

If you are not fluent in German, you are likely to have to engage professional services for business registration, accountancy and taxation. The associated fees unfortunately make most such ideas unattractive in financial terms. In addition, good German is required for networking and generating business leads. For that reason, there are very few non-EU self-employed people coming here.

TominStuttgart

Like Beppi mentioned, the German Freiberüfler does NOT mean freelancer, although many but not all Freiberüfler are freelancers. Freiberüfler are specific jobs that are allowed without requiring a commercial license; artists, journalists etc. A marketing consultant will almost certainly not be considered a Freiberüfler but  need a trade license or “Gewerbeschein”.


Usually one immigrates through getting a job with an employer willing to take the extra risk, cost and effort to recruit someone; only going to happen if they have highly demanded skills and this usually includes a high level of German language.


Being a freelancer basically means starting your own service business. They will want to see a business plan indicating a good chance of success. One should have proper capitalization to acquire any needed office space , equipment, budget for tax and legal services and cover operating expenses – all of which are usually are more than the initial income in the first couple of years.


But a very high percentage of self-employed or small business owners fail – and those are locals who speak the language. For a foreigner it is much harder. Do you not only know the business field well but the local conditions and workings? Do you have a command of German and have business connections already? If you think you can show up and do such a business in English then you are mistaken. Having good English and/or other languages is a plus but only in addition, not as an alternative to German. There is no legal requirement to the level of German in marketing as there is in say medical or legal related fields but for all practical purposes one has no chance without it.


And who should your clients be? Most companies needing marketing services have their own marketing departments - or go to big firms with a well-known reputation. They don’t likely hire a small operation especially one run by a newly arrived foreigner.


Most people hoping to work in this field would first find a job with a marketing firm and possibly after some years of really getting to know the local markets try to go out on their own with a start-up.

sweetdove2266

Hi there,


I am also interested in applying for the residence permit as a freelancer (technically not a visa), and have read through all the requirements, supporting documentation and official FAQs. I believe I would qualify as a freelancer artist/writer, ie, not self-employed and not requiring registration with a governing body.


My issue is that even though I have requested an appointment with the LEA in Berlin twice, I have never heard anything from them, not even an automated confirmation of receipt. I have now spent 70 of my 90 visa-free days as a U.S. citizen within the EU Schengen Zone, which means I would need to secure an appointment within the remaining 20 days.


I am okay with being given an appointment months in the future - that is not a problem. However, I would need to have an appointment to be granted a Fiktionsbescheinigung to be able to stay on past the 90 days.


My question is (apologies to OP for any hijacking here, but this post seems to have concluded), is there any other way I can secure an appointment than just emailing the general address? If anyone with any experience with this can offer any insights, that would be so incredibly helpful.


Thank you!

beppi

A quick Google search showed that the "LEA Berlin" is the local name for the foreigner authority ("Ausländeramt") there.

Foreigner authorities, especially in big cities where many foreigners live, are often understaffed, overworked and generally inefficient. But there is unfortunately no way around them.

Sometimes you have to show up (preferably early in the morning, to have a chance to be seved that day) to get a queue number. But mostly you need an appointment months on advance, which might be given only by phone, or email, or a web-based booking system. There have been cases of scalpers collecting appointments and selling them to desperate foreigners like you, but this is of course illegal.

Also, a "Fiktionsbescheinigung" is a temporary extension of one's residence permit until the applied for new one is granted. A Schengen visa (which you seem to be holding now) is not extendable in this way.

I believe 20 days is anyway not sufficient to get an appointment AND process the permit you need - even in small, rural towns with almost not foreigners (which is where you could try again during your next visit, to have a better chance of success).

TominStuttgart

I think Beppi overlooked that Americans like citizens from Canada, Australia, New Zealand,  the UK, Japan, S. Korea and a few other economically advanced countries don’t get a Schengen visas for tourism; they have the same 90 day limit but without needing a visa.


Expecting to get an appointment and such a decision in such a short time is likely wishful thinking. Such civil servants are overworked and such things take time. One needs to prove that they are such a writer or artist and successful enough with a strategy to make a living in Germany. Being a world famous actor, choreographer, dancer, comedian etc. that is in demand has a decent chance. If one is not well known or established then it can be trickier. As a writer, at least passively understanding German if not writing in it will likely be expected. They really want to be convinced one has a pathway to make a living.


One is then required to join the Künstlersozialkasse; something that should be googled. If successful, one is usually then given a conditional 3 year residence. When it is up; if one is making what they consider a good living then an unlimited residency can be given. If one is below the poverty level then they will likely be given no further residency and have to leave. If somewhere in between these two one might be allowed to stay but be given another temporary permit.