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“ The main purpose of the
application for a resident
permit must be to live in
Germany in the owned
property on German territory
and to have an annual income
of minimum 42,000 euros net. ”
23
6
offered to acquire a real estate in Germany in order to
receive a residence title, according to § 7 Abs. 1 S. 3
AufentG. However, only the acquisition of real estate
alone does not automatically residence title not obtained
at the same time. The prerequisite is that the applicant is
wealthy enough and has enough assets to secure his or
her livelihood.
THE GERMAN INVESTOR VISA OPTION
Germany also has a different option for the investors who
don’t want to purchase real estate but want to earn a resident
permit through self employment activities in the country.
Many choose to incorporate or start companies and receive
the investor visa according to the § 21 Residence Act.
Under § 21 AufenthG, non-EU nationals can obtain a
residence permit for starting a business. There is no
minimum investment amount, however the business need to
fulfill the needs of Germany by having a beneficial economic
impact and the start-up costs need to financially be covered
by the investor’s own capital or a bank loan.
To ensure the sustainability of the business, authorities
are also considering the viability of the business plan, the
investor’s relevant business experience, the amount being
invested in Germany, the impact of the business project
on employment, and how the company will contribute to
innovation and research in the country.
AYKUT ELSEVEN
Aykut Elseven is a partner and attorney and Schlun &
Elseven. He advises companies and private individuals
on business immigration to Germany. He studied law at
the University of Bonn and completed his second state
examination at the Ministry of Justice NRW in Düsseldorf.
Today, he advises the legal departments of renowned
management consultancies.
Sources /
1
https://www.test.de/Immobilienkauf-Wo-das-Investment-jetzt-lohnt-4865683-0/
2
(§ 7 (1) sentence 3 AufenthG)
3
(VG Freiburg, judgment of 18.07.2018, 1 K 1083/17)
4
(VG Freiburg, judgment of 18.07.2018, 1 K 1083/17)
5
(VG Stuttgart, decision of 10.06.2010 - 2 K 1260/10)
6
(VG Freiburg, judgment of 18.07.2018, 1 K 1083/17)