Niederlassungserlaubnis für Selbständige beantragen

As the holder of a residence permit for the purpose of self-employment, you can apply for a permanent residence permit (settlement permit) after three years.

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

• you have successfully realized your business idea and
• the livelihood of you and your family members is secured.

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

In order to assess whether your business activity has been successfully carried out, other authorities may be involved.

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

• Recognised and valid identity document (e.g. passport or passport substitute)
• Recent biometric photo in passport format (45 x 35 mm)
• Residence permit according to § 21 paragraph 1, paragraph 2 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 result to date)
• Proof of securing your livelihood (e.g. proof of income, equity, blocked account, declaration of commitment, rental agreement)
• Proof of health insurance coverage (for example, confirmation of health insurance coverage or insurance policy)
• Proof of retirement provision

The documents and information must always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or more proof.

• You have been in possession of a residence permit for an entrepreneurial self-employed activity (not a freelance one) for three years.
• Your residence permit was issued in accordance with Section 21 (1), (2) or (2a) of the Residence Act for self-employed, entrepreneurial activity.
• You are able to secure your livelihood (including health insurance) for yourself (and your family) with the income from your business activities, i.e. without the use of public services (income of your family members or profits from capital assets cannot be taken into account).
• You can prove that you have sufficient retirement provision.
• Your stay in Germany is not precluded by reasons of public security and order (you are exempt from prosecution).

• The permanent residence permit must be applied for before the validity of your current residence permit expires.
• Find out whether your Foreigners' Registration Office allows you to apply online or whether you have a special application form.
• If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receiving your application to make an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents, preferably in the original, to the appointment).
• If your application is granted, your fingerprints will be taken for the purpose of obtaining the settlement permit in the form of the electronic residence permit (eAT).
• The Foreigners' Registration Office commissions the production of the eAT from the Federal Printing Office. After completion, you will receive information and can pick up the eAT at the responsible office. The eAT must always be picked up in person.
• If your application is rejected, you will receive a rejection notice.

• If you are self-employed with a residence permit in accordance with Section 21 (5) of the Residence Act, the settlement permit can only be issued to you after 5 years. In this case, other requirements also apply.
• The procedure is usually conducted in German.
• A settlement permit may expire if you stay outside Germany for more than six months if this stay abroad has not been previously agreed with the Foreigners' Registration Office.
• All information provided to the Foreigners' Registration Office should be correct and complete to the best of our knowledge and belief, so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the process and be detrimental to those affected. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time to the Foreigners' Registration Office may result in the withdrawal of residence rights that have already been granted, a fine, imprisonment for up to three years or expulsion from the federal territory.
• Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.

If your application is rejected, you will receive a rejection notice. The decision shall be accompanied by a declaration by the competent authority. This declaration will inform you of the legal remedy available against the decision, the body to which the appeal is to be lodged and the time limit to be observed.

• Settlement permit issued for self-employment
• Holders of a residence permit for the purpose of self-employment may be granted a permanent residence permit (settlement permit) after three years if:
  • the foreigner has successfully realized his business idea and
  • the livelihood of him and his family members continues to be secured.
• The settlement permit is an independent right of residence, independent of the original purpose of residence, which entitles the holder to pursue gainful employment without restriction.
• Responsible: the Foreigners' Registration Office responsible for the applicant's place of residence

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes