Residence through Employment in Germany for qualified and economically viable projects
The correct residence route for a viable project
Anyone who wishes to work in Germany as a non-EU national, establish a company or pursue a freelance activity must first identify the correct residence route. Not every project is automatically viable. What matters is its legal classification, the applicant’s personal qualifications, its financial basis, economic credibility and procedural reliability.
JUDr. Gunther WITTENSTEIN Law Firm supports clients in assessing these requirements, preparing the necessary documents and communicating with the relevant authorities in a legally precise and professionally structured manner. The focus is on cases based on a clear, credible and sustainable business or employment strategy. The law firm has successfully handled a number of procedures involving self-employment under section 21 AufenthG. No guarantee of success can or should be given; the outcome always depends on the personal, legal and economic circumstances of the individual case.
Section 21 AufenthG – self-employment, business formation and freelance activity
Self-employment and business formation usually require an assessment under section 21 AufenthG. The review concerns not merely the business idea but the internal consistency of the project as a whole: personal qualifications, entrepreneurial experience, capitalisation, financing, location, market conditions, customer and supplier relationships, cost structure, liquidity and economic viability must align.
For business formation, the business plan is not a mere formality but a central basis for the decision. Generalised market claims, unrealistic revenue assumptions or an unclear capital base can place a considerable burden on the procedure. A viable business plan must be specific, credible and comprehensible. For freelance activity, personal qualifications, the proposed work, existing or expected instructions and the means of subsistence must likewise be demonstrated.
Section 18 et seq. AufenthG – employment and skilled workers
Where the project concerns employment in Germany rather than self-employment, other provisions apply. Sections 18a, 18b, 18g and 19c AufenthG may be relevant for qualified workers. The assessment depends on the specific professional qualification, employer, employment contract, remuneration, proposed work and the remaining legal requirements.
Blue Card EU (section 18g AufenthG)
For qualified professionals with an academic qualification or a legally equivalent level of professional qualification, the Blue Card EU under section 18g AufenthG may provide a clearly structured residence route. Relevant factors include the recognised or comparable qualification, a specific job offer for suitably qualified employment, the intended duration of employment, remuneration and the absence of statutory grounds for exclusion.
JUDr. Gunther WITTENSTEIN Law Firm assesses whether the Blue Card EU is appropriate for the particular employment context, which evidence is required and how the procedure should be prepared for the German mission abroad, immigration authority and any other bodies involved.
Preliminary review where the route is still unclear
Not every project can immediately be assigned to a specific residence route. Some clients initially wish to take up employment, while others intend to establish a business or pursue a freelance activity. A structured preliminary review is advisable before documents are prepared for the wrong route.
JUDr. Gunther WITTENSTEIN Law Firm first assesses which route appears legally and practically viable. Digital data collection can support this process but does not replace a lawyer’s assessment. No automatic legal decision is made and no application is filed automatically.
Structured and digitally supported law-firm process
The law firm has developed a protected digital client area for residence procedures connected with gainful activity, in particular under section 21 AufenthG.
Through personal access, clients are guided step by step through the required information and evidence. This enables all information and documents to be made available completely, in a structured form and securely for further processing.
Access is created only after prior activation by the law firm. Public registration is not possible.
Client portal
Further support after a successful procedure
After entry into Germany, commencement of the activity or company formation, the need for legal advice often does not end. Depending on the situation, questions of employment law, company law, contract law, family law or further civil-law matters may arise. The law firm can continue to support clients after completion of the residence procedure and identify legal interfaces at an early stage.
Request a preliminary review
For an initial classification, please select the reason for contacting us. The selection is used only for structured preparation of the enquiry and does not replace legal review by a lawyer.
Contact us today
You are planning gainful activity in Germany, wish to establish a company or need support preparing a residence procedure? The JUDr. Gunther WITTENSTEIN Law Firm in Leverkusen is available to advise and support you. Rely on the competence of JUDr. Gunther Wittenstein and let us prepare a legally viable solution together.
📞 Telephone: (0214) 50095030
📍 Address: Overfeldweg 63, 51371 Leverkusen-Bürrig
📠 Fax: (0214) 50095033
✉️ eMail: info@kanzlei-wittenstein.de
🌐 Website: www.wittenstein.law