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

• § 21 Absatz 2a Aufenthaltsgesetz (AufenthG)
• § 8 Aufenthaltsgesetz (AufenthG)
• § 5 Aufenthaltsgesetz (AufenthG)

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

• Recognized and valid identity document (for example, passport or passport replacement).
• Current biometric photo in passport format (45 x 35 mm)
• Description of the self-employed activity (business plan)
• Proof of financing of the self-employed activity (for example, proof of equity capital, financing commitment from a bank).
• Extract from the commercial register or business registration
• Proof of livelihood (e.g. proof of income, equity capital, blocked account, declaration of commitment).
• Proof of health insurance coverage (for example, confirmation of health insurance coverage or insurance policy).
• After reaching the age of 45: proof of adequate pension provision (for example, proof of own assets, acquired pension entitlements, company assets).

The documents and information must generally be submitted in German. In individual cases, the Aliens' Registration Office may require less or further proof.

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

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

• The period of validity of your current residence permit will expire in the near future.
• You want to continue your self-employed or freelance activity in Germany.
• Your self-employed activity is still related to the knowledge you acquired during your university education or during your previous work as a researcher or scientist.

• You can continue to secure your livelihood and health insurance coverage without claiming public benefits.
• If you have reached the age of 45, you can prove that you have adequate old-age security (does not apply to persons with Turkish citizenship).
• There is no interest in deportation against you.

• 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 be charged for this.

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

In certain cases, fee reductions or exemptions may apply (for example, for persons entitled to asylum or recognized refugees). Lower fees may apply for Turkish nationals.

• § 45 Nummer 2 Aufenthaltsverordnung (AufenthV)
  

  Remark: URL zur Gebührenbildung

• 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 the 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 for the purpose of obtaining a residence permit in the form of a new electronic residence permit (eATKarte).
• The Foreigners' Registration Office commissions the production of the eAT card from the Federal Printing Office. 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

6 weeks to 8 weeks.

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

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

• An appeal against a negative decision of the Foreigners' Registration Office can be brought before the competent administrative court.

• A preliminary procedure (opposition) does not take place in Lower Saxony.

• Detailed information can be found in the rejection notice.

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

• Self-employed activity is any self-employed, permitted, profit-making activity of a certain duration, provided it is not an employment relationship.
• The extension of the residence permit is at the discretion of the competent foreigners authority. Applicants are therefore only entitled to a decision free of discretionary errors.
• After holding a residence permit for three years for the purpose of self-employment, it is possible to apply for an unlimited residence title (settlement permit) under simplified conditions (see service "Settlement permit issued for self-employment").
• For freelancers, other conditions apply for the extension of the residence permit as well as for obtaining a settlement permit.
• The procedure is usually conducted in German.
• All information provided to the Aliens' Registration Office should be correct and complete to the best of your knowledge and belief, so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be disadvantageous for the person concerned. In a serious case, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Aliens Department may result in the revocation of residence rights already granted, a fine, a prison sentence 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.

The text was automatically translated based on the German content.

The immigration authority responsible for the applicant's place of residence will process the application.