Source: BUS Sachsen-Anhalt (Linie6PLus)

Residence permit for the purpose of gainful employment extension for self-employed former scientists and researchers

Description

If you have already received a residence permit to pursue self-employment in accordance with Section 21 (2a) of the Residence Act on the basis of a successful completion of your studies at a state or state-recognised university or comparable educational institution in Germany or a previous residence permit as a researcher or scientist and its validity is about to expire, you can apply for an extension of the residence permit.

Be sure to submit your application well in advance of the expiry of your residence permit.

The residence permit is reissued for up to three years.

Prerequisites

In principle, the same conditions must be met for the extension of the residence permit as for the first issuance of the residence permit. That is:

The validity period of your current residence permit will expire in the near future.
You want to continue your self-employed or freelance work in Germany.
Your self-employment will continue to be linked to the knowledge you have acquired during your higher education or during your previous work as a researcher or scientist.

You can continue to secure your livelihood and health insurance coverage without using public services.
If you have reached the age of 45, you can prove that you have an adequate old-age pension (does not apply to people with Turkish nationality).
There is no interest in expulsion against you.

Required documents

In principle, the extension of your residence permit requires the submission of the same documents as for the first issue:

Recognized and valid identity document (e.g. passport or passport substitute)
Up-to-date biometric photo in the passport (45 x 35 mm)
Description of self-employment (business plan)
Proof of financing of self-employment (e.g. proof of equity, financing commitment from a bank).
Excerpt from the commercial register or business registration
Proof of livelihood (e.g. proof of income, equity, blocked account, declaration of commitment)
Proof of health insurance coverage (e.g. confirmation of health insurance coverage or insurance policy).
After reaching the age of 45: Proof of adequate retirement provision (e.g. proof of one's own assets, acquired pension entitlements, business assets)

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

If necessary, you may also have to submit proof of your degree from a state-recognized university or comparable educational institution in Germany or your old employment contract as a scientist and researcher to the Foreigners' Registration Office in order to prove the connection between your previous job and your business idea again.

Fees (costs)

96,00 Euro for a further stay of up to three months
93,00 Euro for a further stay of more than three months

Remark:

The residence permit in the form of the electronic residence permit (eAT card), which can also be used as electronic proof of identity, must be reissued for the extension. Additional fees may apply.

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

In certain cases, fee reductions or exemptions may be considered (e.g. for persons entitled to asylum or recognised refugees). Lower fees may apply for Turkish nationals.

§ 45 No. 2 Residence Ordinance (AufenthV)
Remark: Fee Formation URL

Deadlines

Application deadline: 6 weeks to 8 weeks.

The extension of the residence permit must be applied for before the validity of the current residence permit ends. The application should be received by the Foreigners' Registration Office at least six to eight weeks before the expiry of the residence permit.

Duration of treatment maximum 3 years.

The residence permit can be issued for up to three years

Processing time

6 weeks to 8 weeks.

The processing time may vary depending on the workload of the Foreigners' Registration Office.

It takes about 4 to 6 weeks for Bundesdruckerei to produce the electronic residence permit.

Legal remedy

Appeal against the decision of the Foreigners' Registration Office within one month of notification.
Bringing an action before the court named in the notice of opposition if the objection is not upheld

Responsible body

the immigration authority responsible for the applicant's place of residence

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

Find out whether your Foreigners' Registration Office allows you to apply online or has 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 receipt of your application to make an appointment.
During the appointment, your identity and documents will be checked (please bring your original documents with you to the appointment if possible).
If your application is granted, your fingerprints will be taken in the form of a new electronic residence permit (eATKarte) for the production of the residence permit.
The Foreigners' Registration Office commissions the production of the eAT card from Bundesdruckerei. After completion, you will receive information and can pick up the eAT card from the responsible office. The eAT card must always be picked up in person.
If your application is rejected, you will receive a rejection notice

Further information

Self-employment is any self-employed, permitted, profit-making activity for a certain period of time, unless it is an employment relationship.
The extension of the residence permit is at the discretion of the competent immigration authority. Applicants are therefore only entitled to a decision free of errors of discretion.
After three years of possession of a residence permit for the purpose of self-employment, a permanent residence permit (settlement permit) can be applied for under facilitated conditions (see benefit "Settlement permit issuance for self-employment").
For freelancers, there are other requirements for the extension of the residence permit as well as the receipt of a settlement permit.
The procedure is usually carried out in German.
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 procedure and be detrimental to the persons concerned. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, imprisonment of 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.