I am a US citizen with a German residence permit (via my husband). I would like to work as an independent consultant (self employed) for a US company that has now also incorporated in the UK. How do I go about getting a work visa?
Hi, in case you will continue living in Germany and operate from Germany, it should be no problem for you to work. Your residence permit should allow you to work if your husband is allowed to work in Germany. Check for "Erwerbstätigkeit erlaubt" in the permit or ask the authoritiy which issued the permit.
See also § 39 V AufenthG.
sorry § 29
My residence permit card says Erwerbstaetigkeit Nicht Gest. We just had a child and I know also I am not eligible for Elterngeld, which I believe is related to whether I am authorised to work.
My residence permit reads "Erwerbstaetigkeit Nicht Gest." We just had a child and I know I was not eligible for Elterngeld, but my husband is because he has been employed here at MPI.
This means the employment is not allowed by the permit. I don't understand why..
please telle me the §§ mentioned in teh residence permit!
The number? Under Anmerkungen my number is XX. For my husband it is 18.
He also has listed Abs.4 S.1
Your husband only has a limited working permit as a highly qualified person.
So how can I secure a working permit?
If I am not going to work for a German company?
We have lived here since February 2011.
You have to distinguish "Beschäftigung" (employed)
and "Erwerbstätigkeit" which includes self-employed activity.
As your husband is not allowed "Erwerbstätigkeit", you are neither.
I am looking if there is a possibility for you, please hold on.
This is the legal basis for the necessary permit.
At the moment I don't see a possibility for your business without employing other people.
What if the company plans to use other German companies to develop the market?
It is easier to get a permit for the so-called "freiberufliche Tätigkeit", see § 21 V AufenthG.
Then these companies can employ you.
You need to get a permission from the national employment agency.
As a highly qualified person this is possible in most cases (see your husband).
Which permit number is XXX the "freiberufliche Tätigkeit"
§ 21 V
tipical freie Berufe are doctors, lawyers, artists, etc.
I see. How do I apply for this?
I would be a marketing consultant.
This is not "freiberuflich", I am sorry.
this is "gewerblich".
So there is not a way to apply for a working permit then?
the priviliges of "freie Berufe" have historical reasons and are not very easy to understand.
In case you get a company to employ you... you should apply to a working permit (§ 39 AufenthG).
What about the permit 31?
The company is seeking to establish a market in Germany.
They are multi-national, with already established branches in US and Australia.
Now they have incorporated in UK also.
I was employed by the company when I lived in the US.
So I have company specific specialist knowledge necessary to establish their business here.
As far as I know 1st you haven't fulfilled the minimum time and this permit is for the case you live separated from your husband.
In case the company wants to open up a business here by investing money, there should be a possibility under the basis of § 21 AufenthG.
What is the minimum time?
on the basis
The company does not plan to open a branch in Germany, but instead to use company partners already established here to develop the business.
They will be paying these companies though.
This will be the problem..
Is it not considered an overseas project under section 21?
you may anyway ask for a permit (39 AufenthG) beeing employed by the British branch but living in Germany.
OK. So where should I begin to try to apply?
What do you mean by "overseas project" regarding § 21?
My apologies, I mean under permit 31, which I understand to cover international staff exchanges and overseas projects of multinational corporations.
Yes, but you need to be employed by your company.
So, for either permit, where should I begin the process?
This is what I meant when I said you should apply for a permit (§ 39 AufenthG) with the British branch or the US company as employer.
At the Ausländerbehörde..
Which documents will be required?
They can then forward things to the employment authority.
Best way would be to get the forms form the Ausländerbehörde and a list of what they want to know because this may vary a bit from local authority to local authority.
Usually you will need a draft contract and a full description of the job.
Do you have a link to the relevant website Niedersachsen?
wait a sec
I think, the site is pretty poor, but I don't find anything better...
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