# Residence Visas and Freelance Visas



## Apasquini11

Hello all!

I'm trying to get more information on the process of getting a residence visa for Germany. I am a US citizen and plan to stay in Germany for 6-12 months next year. I plan on working online through a US company while I'm in Germany, where I will primarily be doing volunteer work (not paid or compensated in any way) and am trying to determine the best visa to apply for.

I've read about the freelance or artist visa, which allows you to work but not necessarily connected with a specific job and then there's the residence permit. Many articles and blogs give an overview of the process for obtaining the visa once you're in Germany, but is there anything that can be done while I'm still in the US? And is one visa easier to obtain than the other?

I also will be traveling to a few other places in the Schengen Area on my trip next year, and don't want to use up all 90 days of my tourist visa in Germany. So I would like to obtain the Freelance Visa or the Residency Permit before my 90 days are up(if it's possible), leaving me time to travel to other countries. 

Any insight and information is greatly appreciated!!


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## ALKB

Apasquini11 said:


> Hello all!
> 
> I'm trying to get more information on the process of getting a residence visa for Germany. I am a US citizen and plan to stay in Germany for 6-12 months next year. I plan on working online through a US company while I'm in Germany, where I will primarily be doing volunteer work (not paid or compensated in any way) and am trying to determine the best visa to apply for.
> 
> I've read about the freelance or artist visa, which allows you to work but not necessarily connected with a specific job and then there's the residence permit. Many articles and blogs give an overview of the process for obtaining the visa once you're in Germany, but is there anything that can be done while I'm still in the US? And is one visa easier to obtain than the other?
> 
> I also will be traveling to a few other places in the Schengen Area on my trip next year, and don't want to use up all 90 days of my tourist visa in Germany. So I would like to obtain the Freelance Visa or the Residency Permit before my 90 days are up(if it's possible), leaving me time to travel to other countries.
> 
> Any insight and information is greatly appreciated!!



For a residence permit you either need:

- an employer who is willing and able to sponsor you, usually this involves a resident labour market test

- a university that offers you a full time place in one of their programmes

- a German or EEA national spouse or a non-EEA national spouse already settled in Germany

- in some cases you might be able to obtain a permit to study German but that has to be a full time course, not a once a week in the evening thing


The freelance permit does not restrict you to a specific employer but to a specific field of work, such as teaching English.

I am not aware of any permit that would allow you to work remotely for your US employer, unless your US employer transfers you to a German branch of their organisation.

You could theoretically spend 90 days in Schengen, then 6 months in the UK (if the immigration officer grants you the maximum stay on the visa waiver) and then another 90 days in Schengen. Neither the UK nor the Schengen countries allow working, even remotely or unpaid, while on a tourist visa.


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## Nononymous

I'm pretty much going to reiterate what was said above. 

You can't simply go to Germany and ask for a residence permit on the basis of income from working remotely for a US employer. You will hear of people who do this, but typically they already have a residence permit for other reasons, such as marriage to an EU national (or in my case, as the spouse of an academic on research sabbatical). That being said, there are a few unconfirmed rumours on the other Germany expat forum (which I can't name here due to the rules, sigh) of people having managed this - if you get lucky and find the right Beamte at the right Ausländerbehörde on the right day, who knows, maybe it's possible. Speaking fluent German and demonstrating some sort of connection to the country and its culture are very helpful in this regard.

The freelancer/artist visa is tricky. Apparently anyone with a pulse and a degree could get one in Berlin a few years ago, but things have now tightened up. Last I heard, for IT work you'd need to show a letter of interest from two *local* clients, along with a business plan and the rest of the of the paperwork. You can't just use it to work for a US employer, that was never the intention.

Another approach would be to ask for a residence visa based on your wanting to come and do volunteer work. This would not entitle you to a work permit, so you'd essentially be working online illegally (but undetectably) and obviously you'd not pay into the German tax system so it's a bit dodgy. Since you could not mention the fact that you were planning to be employed, you would need to demonstrate sufficient savings to support yourself for the time you wished to stay in Germany. 

There's not much you can do before arriving in Germany aside from making sure you have every piece of paper you might need, and booking an appointment at the Ausländerbehörde well in advance so that you can go with a week of arrival (you'll need a few days to get settled and register your address) instead of burning up your 90 days. If it goes well you'll have the permit within the hour; if not there can be long delays, or denial. I've also heard that the refugee situation has slowed things down; who knows how long that will continue.

Health insurance is another consideration. You can't get a residence permit without adequate coverage, so it might be difficult to use coverage from your US employment (if it even covered you adequately outside the US).


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## Apasquini11

Thanks for the help! At least I have a better idea where I stand and what my options are.

Good to know my current plans need adjusted now rather than when I arrive. Dont think living under the radar would get me too far, as tempting as it sounds.

Some of the articles I've read may now be outdated, or as was mentioned, these people may have differing circumstances not mentioned, that allows them to apply for residency.

Based on my circumstances, I think the freelance visa may be better to try for, as tricky as it may be. I will need to have at least some sort of income coming in, so better to do it legally. Teaching English is listed as one of the typical "artist" or "freelance" jobs and I am certified to do that.

I'll kept looking for other visas or options but no matter what, it's going to be a process, so I'll use the time in still in the States to get everything ready and hope for the best!


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## Nononymous

You may want to get in touch with the German consulate sooner rather than later. Although US citizens typically apply for residence and work permits within 90 days of arrival in Germany, you can also apply for a visa before leaving, which may offer you some security in that you won't be showing up in the country without knowing whether you can stay (though no guarantees - the consulate decision can ultimately be overturned by the Ausländerbehörde).

The fact that working online is impossible to detect means that you can easily earn money from the US while living in Germany. This is however illegal unless you have the appropriate work permit and have set yourself up in the tax system. This may or may not be within your comfort level, though for six months to a year you would probably escape the notice of the authorities. 

The bigger problem is gaining a residence permit to stay beyond 90 days. I'm not sure the freelance visa is really a good option here unless you actually intend to teach English. If you can get one - which would require letters of interest from two potential employers - that doesn't technically permit you to also earn money working online (though in reality it's probably safe to do so).

I might explore a little further the option of getting your residence permit on the basis of your wanting to do volunteer work. While there are fairly strict conditions for most permits (see the first reply to your original post) there are also grey areas that allow "self-sufficient" foreigners to live in Germany on a temporary basis, if they have good reason to do so. This is certainly how academics move about, on research trips or as visiting scholars. You may be able to do something similar if you can show that you are able to support yourself in a basic fashion with savings (approximately 8,000 euro for one year) and have adequate health insurance and a return ticket; you could also claim that you'd have part-time online income to supplement your savings, and they might be okay with this. Can't hurt to ask, and it's the most honest approach.


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## Apasquini11

Thanks for the additional information! I was going to ask if I could apply for the visa from the States, I'm nervous about leaving and not knowing if I'm staying 3 months or 12 months.

I'm suprised that working online for the US is not allowed. I would still be paying taxes for the US, so it's not like I'm cheating the system and I would be not be benefiting from the public health care system in Germany, but rules are rules.

I know other countries have a version of "long term visitor visas" where you just have to prove you can support yourself during your stay and there's very few other things you need to apply. But the closest thing Germany seems to have is, as you said, to apply for the Residency visa, and prove I'm "self sufficient " and would not be a burden on the country during my stay and that I'm there to do volunteer work. The more documentation, and proof of funds and character the better I guess.

Do you have any idea on what basis the Ausländerbehörde would overturn a visa granted by German Consulate? And I read previously that if you apply for the visa in Germany, you can get an extension on your stay while the approval process is taking place. Is that still the case?


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## Bevdeforges

It's not really a matter of "overturning" a visa, but rather two separate documents you're talking about here. A visa, strictly speaking (and the Germans are always "strictly speaking" <g>), is a document that permits you to enter the country. Once there, you need to get a residence permit, which is usually issued by a completely different ministry. 

And it's not so much that working online isn't allowed, as that the Germans really don't give a fig about taxes you pay elsewhere. If you are living and working in Germany, you need to adhere to the German work and tax laws.
Cheers,
Bev


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## Nononymous

Apasquini11 said:


> I'm suprised that working online for the US is not allowed. I would still be paying taxes for the US, so it's not like I'm cheating the system and I would be not be benefiting from the public health care system in Germany, but rules are rules.


A bit of a misconception. One could argue that by living in the country for a longer period than a tourist visit you are using all kinds of public services and infrastructure, even without health insurance; if legally resident you can send your children to public school without charge. US taxes don't really help the German treasury in this case (though of course you would be paying sales tax and spending your US earnings in the local economy). 



> I know other countries have a version of "long term visitor visas" where you just have to prove you can support yourself during your stay and there's very few other things you need to apply. But the closest thing Germany seems to have is, as you said, to apply for the Residency visa, and prove I'm "self sufficient " and would not be a burden on the country during my stay and that I'm there to do volunteer work. The more documentation, and proof of funds and character the better I guess.


That's pretty much it. Similar permits in other countries, like the Spanish "non-lucrative" visa, require savings, do not allow income from working remotely. Germany doesn't have something like this laid out formally, but there may be a bit of wiggle room when dealing with the Ausländerbehörde.



> Do you have any idea on what basis the Ausländerbehörde would overturn a visa granted by German Consulate? And I read previously that if you apply for the visa in Germany, you can get an extension on your stay while the approval process is taking place. Is that still the case?


The extension is pretty routine, if you make your appointment within 90 days of arrival but they won't have a decision in time, they will extend for a month or two, rather than kick you out. As for consulates, what I read on another forum suggests that it's ultimately the Ausländerbehörde's decision. A visa would possibly be helpful, or a bit meaningless (strictly speaking, a visa provides permission to enter, which Americans already have, not permission to stay). My sense is that because US citizens typically do all this in Germany, US consulate staff may not provide the best or most current advice. Where the consulate is useful is if you have a job offer but are concerned about whether you'll be granted a work permit, with a visa application you can potentially have the labour market test done before leaving the US, so you won't fly over and sit around waiting and worrying for a month before you can begin working.


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## Nononymous

Apasquini11 said:


> I'm suprised that working online for the US is not allowed


Small point of clarification: working online for a foreign employer is allowed in Germany, but as a US citizen you can't live in the country without a residence permit, and if your only reason for being in Germany is wanting to live there with an online US job, that's not going to get you a residence permit; furthermore, if you are living in the country legally you would need to pay into the tax and social insurance system, which is doable with a US job but requires some accounting.


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## Apasquini11

Nononymous said:


> The extension is pretty routine, if you make your appointment within 90 days of arrival but they won't have a decision in time, they will extend for a month or two, rather than kick you out. As for consulates, what I read on another forum suggests that it's ultimately the Ausländerbehörde's decision. A visa would possibly be helpful, or a bit meaningless (strictly speaking, a visa provides permission to enter, which Americans already have, not permission to stay). My sense is that because US citizens typically do all this in Germany, US consulate staff may not provide the best or most current advice. Where the consulate is useful is if you have a job offer but are concerned about whether you'll be granted a work permit, with a visa application you can potentially have the labour market test done before leaving the US, so you won't fly over and sit around waiting and worrying for a month before you can begin working.



So there really isn't a way to apply for the residence permit without being in Germany? Applying in the States would just give me formal approval to enter the country, which I already have as a US citizen. In which case, I should just apply as close to as arrival as I can??


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## Apasquini11

Nononymous said:


> Small point of clarification: working online for a foreign employer is allowed in Germany, but as a US citizen you can't live in the country without a residence permit, and if your only reason for being in Germany is wanting to live there with an online US job, that's not going to get you a residence permit; furthermore, if you are living in the country legally you would need to pay into the tax and social insurance system, which is doable with a US job but requires some accounting.



Thanks for the clarification, that makes sense.

Is it possible to be added into their tax system without the work permit? So if I were to apply for the residence permit upon arrival based on my volunteer work, mention that I have income coming in from a US job to support myself during my stay, and ask to be included into the tax and social insurance system to do my share while I'm in their country??


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## Nononymous

Apasquini11 said:


> So there really isn't a way to apply for the residence permit without being in Germany? Applying in the States would just give me formal approval to enter the country, which I already have as a US citizen. In which case, I should just apply as close to as arrival as I can??


No, you need to be in Germany to apply for the residence permit. I think the one time the visa is really useful is if you have a job offer and want to clear the labour market test before flying over. But it may also be useful to ask the consulate about doing volunteer work, they may (or may not) have some useful information for you.


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## Nononymous

Apasquini11 said:


> Is it possible to be added into their tax system without the work permit? So if I were to apply for the residence permit upon arrival based on my volunteer work, mention that I have income coming in from a US job to support myself during my stay, and ask to be included into the tax and social insurance system to do my share while I'm in their country??


If you didn't have the appropriate permission to work remotely while in Germany, I would not recommend going off to the Finanzamt and asking how to pay tax for work you aren't legally allowed to be doing. (Yes, it's a bit silly, you're not competing in the local labour market - not taking a job away from a German - and you're bringing money into the country. But the rules is the rules.)

However, if you'd gone to the Ausländerbehörde and been granted a residence permit based on your wanting to do volunteer work with some part-time US income to support yourself, then that would be legal, so you then could set yourself up as self-employed and deal with all the tax issues (you'd really need to hire a Steuerberater to help sort this out). There's also a chance that if you were only staying six months to a year and not earning a huge amount of money, the Finanzamt might just say that this was too unusual and complicated for them to deal with, not worth their time, and tell you to go away. 

In my limited experience there doesn't seem to be much communication between the bureaucrats who let you in and the bureaucrats who collect taxes.


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## Apasquini11

Qwe


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## Bevdeforges

Despite popular opinion, the work restriction appears to be based on something other than whether or not you're depriving a local national of a job. There are tax and regulatory considerations in there, too. Especially labor law considerations. Otherwise, all companies would have their employees telecommute from other countries - so they could avoid paying their share of payroll taxes and having to abide by other work rules they don't like.
Cheers,
Bev


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## Nononymous

Bevdeforges said:


> Despite popular opinion, the work restriction appears to be based on something other than whether or not you're depriving a local national of a job. There are tax and regulatory considerations in there, too. Especially labor law considerations. Otherwise, all companies would have their employees telecommute from other countries - so they could avoid paying their share of payroll taxes and having to abide by other work rules they don't like.
> Cheers,
> Bev


I don't really disagree with this point. When it's a handful of people doing this, no real impact, but if half the world's web developers decided to up sticks and head for the beach it could have a pretty distorting effect on some local economies, rental markets, and culture in general. Quite apart from the tax and labour law implications.


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