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How can I obtain German permanent residency by establishing a business there?

Some migration agents in my home country are promoting the so-called German investment immigration program, which includes establishing a business in Germany and running it for a minimum of three years. How exactly does this option work? What are some key requirements I need to meet?

  • Schlun & Elseven Rechtsanwälte
    July 29, 2019

    In order to receive a resident permit for business immigration, the applicable regulation is the German Residence Act. According to § 21 of the Residence Act, the main requirements are: (a) economic interest or regional need of the business; (b) positive influence on economy; (c) sufficient financial resources to fund the business operations. Your business will particularly be assessed in regard to the viability of the underlying business idea, your entrepreneurial experience, the invested capital, the impact on the employment situation and the contribution to innovation and research. You may have heard of the minimum duration of three years because after this time you will be able to receive a permanent resident permit under certain conditions (§ 21 par. 4 Residence Act) : (a) you have met all the above mentioned requirements during these three years and your business runs well; (b) you can prove that your own and your family’s livelihood is secured by sufficient financial resources. Please note that most of the business immigration initiatives fail at presenting an acceptable business financial plan (see point c). Therefore, I highly recommend taking legal advice in order to fulfill this requirement.