A Chilean dancer would like to move permanently to Germany. Which residence title does she need for this?
To move to Germany, all non-EU nationals require a residence permit. If it is intended to take up an (artistic) activity, there are two possibilities:
This section explains step by step how to apply for this residence permit to take up freelance work. Often this residence permit is also (incorrectly) called "artist visa" or "Künstlervisum".
Is there such a thing as an artist visa?
Although the German Residence Act does not recognize a specific "artist visa", the term "artist visa" is used frequently. It is almost always used to refer to a residence permit for a specific freelance artistic activity that has been the subject of a previous application. The German Residence Act serves as the legal basis in these cases.
The Residence Act does not apply to EU citizens and their family members. According to the EU Freedom of Movement Act, these can stay in Germany and pursue any self-employed or employed activity without restrictions. This information therefore only applies to non-EU nationals.
Artists who intend to relocate their centre of vital interests to Germany for a longer period must first obtain a national category D visa from a diplomatic mission (embassy or consulate (general)) of the Federal Republic of Germany in their home country or the country where they have their main residence. It is usually not possible to apply for such a visa directly in Germany after entering with a Schengen visa. Even people from countries who may enter Germany as tourists without a visa are generally not allowed to apply for a residence permit in Germany during their visit.
Exceptions are in place for nationals of Australia, Israel, Japan, Canada, New Zealand, the Republic of Korea, the United Kingdom and the United States of America. These may apply for a residence permit at the responsible immigration authority in Germany within 90 days of entering the country without a visa.
Special regulations are also in place for Brazilian nationals. These may apply for a residence permit in Germany to take up freelance work only after entering the country without a visa. Please note: This process can be fraught with legal complications.
Nationals of other countries who are staying in Germany on the basis of a valid residence permit for one purpose (e.g., another job, working holiday visa or au pair position) may apply for a residence permit for another purpose in Germany. However, residence permits for university studies and vocational training purposes are subject to restrictions. If you hold a visa of this kind, you can only apply for a change of purpose of your stay if you have successfully completed your university studies or vocational training or already hold another recognized professional qualification.
What is the application for?
The residence permit you need to apply for depends on the planned activity, i.e., the purpose of stay. For most artists, the purpose of stay is
If the work is creative and reaches an artistic level beyond the mere mastery of a technique, it can be assumed to be freelancing. The term "artist visa" is often used for such cases, but this is misleading. There is no such thing as an "artist visa", but rather a residence permit for self-employed (freelance) work.
Commercial activities in the arts and cultural sector are those that do not involve any creative personal contribution and fall within the areas of trade or mediation (publisher, agency, label, sales, production, etc.). Commercial activities are subject to different requirements. Further information can also be found at the Chamber of Industry and Commerce Berlin.
Does it matter what part of Germany you move to?
In Berlin, where art and culture are assigned a special role, an "artist-friendly" interpretation is applied to the Residence Act (Section 21 (5) Residence Act). This is stated in the procedural information provided by the Berlin State Office for Immigration: "In the case that artists are staying here, it must always be assumed that there is an overriding economic interest of the 'art and film capital Berlin', which can be expected to have a positive impact on the economy; thus, the decision must generally be made in favour of the foreigner. This can include visual artists as well as freelance musicians, actors, directors and others. Even previously unknown but particularly creative artists should be allowed to stay within the scope of Section 21 (5) Residence Act." Under certain circumstances, this interpretation may facilitate the acquisition of a residence and work permit by an artist. Above all, it is necessary to provide proof of previous artistic activity or training and demonstrate that your living costs, including health insurance coverage, can be financed from your own funds or promised fees.
Hamburg interprets the law in a similar manner. An information sheet on entry for freelance foreign artists and creative professionals states: "Hamburg would like to increase the attractiveness of the city to the international cultural scene and endeavours to simplify the right of residence for freelance artists and creative professionals from abroad to this end." (only available in German).
Of course, it is possible to apply for a residence permit for another place of residence within the country. However, immigration offices in smaller towns generally do not have any such directives. All decisions are made on a case-by-case basis. The process may therefore take longer and involve a greater degree of uncertainty. The resulting residence permit is always the same, regardless of where you apply for it.
The steps explained here apply to those who want to relocate to Germany from a third country in order to work as an artist. Nationals of Australia, Israel, Japan, Canada, New Zealand, the Republic of Korea, the United Kingdom and the United States of America, as well as people who are already living in Germany on the basis of a different residence permit should please continue reading here.
What are the conditions for applying for a national visa (Category D visa) at a diplomatic mission abroad?
The issuance of a Category D visa requires the approval of the responsible immigration authority, i.e., the authority in the location where the applicant will establish his/her residence in Germany. This authority is responsible for ascertaining whether the application meets the legal requirements. This review can be expected to take three months to process after all the necessary documents have been received by the diplomatic mission abroad (longer in some cases). The German diplomatic mission abroad will contact you as soon as the decision has been made regarding your application. Questions about the status of the application will not be answered during the review period.
The type and scope of the documents to be submitted may vary depending on the country of origin of the applicant or the category of visa requested. It is therefore imperative to obtain detailed information about the process and the documents to be submitted as early as possible before submitting your application. You can find these details in the information sheets available on the websites of the German diplomatic missions.
An overview of the documents required by the Berlin immigration authorities for the approval of a visa to take up freelance work can be found on this website of the Berlin State Office for Immigration. You may be asked to provide additional documents if you intend to stay in another city. In addition to a financial budget, earnings forecast, fee contracts (if applicable) and a resume, the application must contain at least two non-binding letters of intent regarding future collaboration from collaboration partners based in Germany. The documents must make it clear that the applicant will be able to earn a living independently. Proof of savings should also be submitted for this purpose. More detailed information on how these letters of intent should be structured can be found here.
Before the visa is issued, the embassy will usually also ask for proof of health insurance coverage. Find more information on the topic of health insurance here.
After a national visa has been issued
The applicant may enter Germany as soon as the visa has been granted.
After entering the country, you must register your place of residence with the local registration office and apply for a residence permit at the local immigration authority within the period of validity of the visa. Don't worry: If you have received a Category D visa, this appointment is usually a formality, as the immigration authorities have already approved the visa. At the appointment, the visa will be converted into a long-term residence permit. In addition to the documents that were required for the national visa application, you must also provide proof of registration at this appointment.
Please go on reading here.
The steps explained here are only relevant to nationals of Australia, Israel, Japan, Canada, New Zealand, the Republic of Korea, the United Kingdom and the United States of America. These may apply for a residence permit at the responsible immigration authority in Germany after entering the country without a visa.
Special regulations are also in place for Brazilian nationals. These may apply for a residence permit in Germany to take up freelance work only after entering the country without a visa. Please note: This process can be fraught with legal complications.
Nationals of other countries who are staying in Germany on the basis of a valid residence permit for one purpose (e.g., another job, working holiday visa or au pair position) may apply for a residence permit for another purpose in Germany. However, residence permits for university studies and vocational training purposes are subject to restrictions. If you hold a visa of this kind, you can only apply for a change of purpose of your stay if you have successfully completed your university studies or vocational training or already hold another recognized professional qualification.
What is the application process after visa-free entry?
As explained above, certain privileged nationals from non-EU countries who do not need a visa to enter the country for an extended stay (please note: this does not apply to all who are only exempt from the visa requirement for short stays!) may apply for a residence permit for freelance work while in Germany. They may only pursue the respective gainful activity after such a permit has been granted. Even if they do not initially take up any activity, they must apply for a residence permit within 90 days of entry.
The application must be submitted in writing or in person to the responsible authority. Most authorities offer the option to schedule appointments online. If the application has been submitted in good time, the individual is allowed to stay until the immigration authorities have made their decision.
If you cannot make an appointment via the online system of the responsible authority, it may be possible to visit the authority without an appointment to submit your application. If you are doing so, however, you should expect long waiting times. Tip: Some online systems release new appointments in the mornings.
The documents required for applying for a residence permit to take up freelance work in Berlin can be found on this page on the website of the State Office for Immigration in Berlin. If your registered place of residence is a different city and a different immigration authority is therefore responsible for processing your application, you may need to submit additional documents or forms. In addition to a financial budget, earnings forecast, fee contracts (if applicable) and a resume, the application must contain two non-binding letters of intent from collaboration partners regarding future collaboration. The documents must make it clear that the applicant will be able to earn a living independently. More detailed information on how these letters of intent should be structured can be found here.
Furthermore, you will need to submit your original lease agreement, a current bank statement as proof of the rent paid and proof of a permanent place of residence (certificate of registration or confirmation of arrival from your landlord).
If the application you have submitted is complete, a decision can usually be made on your application during the first appointment. Otherwise, you will receive what is known as a fictional certificate, which officially confirms that you are permitted to stay until a final decision has been made.
When making an appointment with the responsible authority, it should be noted that the officials are generally only allowed to communicate in German for liability reasons. However, you may take a translator or friend with you to the appointment if you wish, on the condition that any persons accompanying you are able to identify themselves. Where possible, you should submit all documents in German.
The most common reason for rejection is that no or insufficient evidence of a local need or "positive economic or cultural impact" is provided when applying for a visa for self-employment. It is therefore very important to submit strong letters of intent from future clients – at least two per activity for which you are applying. The letters of intent must be written by organisations and companies in Germany, not by partners from abroad, and should be submitted in German.
Inadequate private health insurance coverage is also frequently a reason for rejection. It is a good idea to seek advice from an independent insurance broker when it comes to taking out private health insurance coverage. The Berlin State Office for Immigration has put together a summary of some general information on health insurance, which can be found here. The statutory insurance coverage provided through the artists' social insurance fund (KSK) meets all the requirements of the authorities but cannot be acquired without a residence permit. For more information, please see here.
Am I permitted to work in other EU countries after receiving a residence permit?
A residence permit issued in Germany is only valid in Germany. It is not equivalent to the right of free movement enjoyed by EU nationals. If you hold a national residence permit, you may stay in a Schengen country for a maximum of 90 days in any 180-day period (private trips, visits to friends and family), but you are generally not allowed to pursue gainful employment there. The question of whether a work permit from the respective country is required for the specific intended activity and the conditions under which such a permit can be granted will depend on the regulations of the respective country. It is therefore important to find out beforehand which documents, if any, are required under the respective national regulations.
We compiled a list of the websites of other countries' immigration authorities here. The Mobility Information Points can also offer information and advice on the national regulations in their respective countries.
A Chilean dancer lives in Berlin on the basis of a residence permit for self-employment. She has the opportunity to work in Paris for two months as part of a residency programme. In addition to room and board, she will receive a grant of 1,000 euros per month. Since a scholarship does not count as income from a job under French law and she will only be in another Schengen country for 60 days, she does not need to apply for an additional visa. If she also wants to take up employment while in France, however, she may need to obtain a French work permit or similar. This is governed by French law.
She receives a similar offer from Amsterdam with the same terms, except that this time she is supposed to stay in Amsterdam for four consecutive months. If she wishes to take up this offer, she must apply for a national visa at the Dutch Embassy in Germany.
An Egyptian actor lives in Berlin on the basis of a residence permit for self-employment. Is he allowed to take part in a theatre production in Austria that includes a 6-week rehearsal period and three performances? No formalities need to be observed for the stay in Austria, as the planned stay does not exceed 90 days, but he may need an Austrian work permit or a similar document depending on the relevant Austrian regulations.
A rock band consists of a singer with a Turkish passport and a New Zealander. Both live in Hamburg on the basis of a residence permit issued in Germany. What formalities must be observed if the band wants to play a concert in London? Since the United Kingdom is neither part of the Schengen area nor the EU, the band must check whether a visa is required for entry. The person with the Turkish passport will probably need a visa to enter the country, while the person with the New Zealand passport most likely will not. They will also need to check whether both require a national work permit for the concert. Special regulations usually apply for one-off appearances where the organiser clarifies questions of residence and tax law with the local authorities.
What are the requirements regarding proof of health insurance coverage?
Health insurance coverage is compulsory for all people living in Germany.
Before a visa or residence permit can be issued, proof of health insurance coverage must be provided. The authorities often accept more affordable incoming or expat health insurance coverage for the initial issuance of a residence permit for freelance work. Artists who will pursue employment subject to social security contributions after entering the Federal Republic of Germany must be insured with a statutory health insurance body (SHI); the applicant may choose the insurance company. In such cases, travel health insurance is sufficient for the issuance of a visa.
Self-employed persons can only take out voluntary insurance through the statutory health insurance bodies if they have previously been insured that way.
In the case of voluntary statutory insurance, the premium is calculated on the basis of the income. In the first year of self-employment, this calculation is based on an estimate. The minimum assessment basis in 2021 is 1,096.67 euros, while the minimum monthly premium including long-term care insurance is approximately 200 euros. Statutory insurance coverage is always accepted by the authorities.
In the case of private health insurance (PHI) providers, the premium is based on the "risk", i.e., primarily on pre-existing conditions and age. For applicants with this type of health insurance, the immigration authorities conduct a case-by-case review to ensure that the applicant would enjoy the same protection that he or she could claim in the event of illness if he or she were insured through a statutory insurance provider. The authorities decide on a case-by-case basis whether the applicant's private health insurance policy can be accepted as sufficient coverage and the policies acceptable often vary from authority to authority. In any case, applicants it must hold a comprehensive health insurance policy that is accredited by the BaFin financial supervisory authority.
Insurance coverage must not exclude any relevant risks and may not end on a specific date.
However, the authorities often accept more affordable incoming or expat health insurance coverage for the initial issuance of a residence permit for freelance work.
Please be aware that you are obliged to insure yourself with the Artists' Social Insurance Fund (KSK) (only available in German) if you engage in professional artistic or journalistic activities that are not just temporary. Insurance through the KSK includes health, long-term care and pension insurance. KSK membership is also practical for other artists, because it includes pension insurance contributions that are required for the subsequent issuance of a permanent residence permit. You can only apply for KSK membership after you have received your residence permit. The application can take several months to process and requires proof of sustainable artistic activity. Your membership will be backdated to the date of your application. Costs incurred for statutory health insurance premiums up to this date can be reclaimed or offset against pension insurance contributions. This is not the case for private health insurance coverage, however. Information on the Artists' Social Security Fund can be found here.
It can often make sense to obtain private incoming or expat insurance coverage for the issuance of the visa or the initial residence permit and then apply to the KSK, as comprehensive health insurance coverage is required at the latest when the residence permit is due for extension.
What do I need to consider when renewing a residence permit?
In order to renew a residence permit, you must prove that you still meet the conditions for the initial issuance of the permit. In particular, you need to prove that the permitted activities have been sufficient to cover your living costs. The cost of living is not a fixed number and can be tricky to calculate. The following calculation can serve as an approximation for a single person: costs for rent and utilities + health insurance premiums + current unemployment benefit rate (2021 = 446 euros) + income allowance for welfare recipients of approximately 300 euros. Some examples for calculating necessary living costs can be found here (only available in German).
What are my options with regard to engaging in other activities?
A Chilean dancer holds a residence permit pursuant to Section 21 (5) AufenthG. It is noted on her permit that she may only work as a dancer. Is she allowed to accept a mini job in a coffee shop?
In principle, you are only permitted to engage in those activities that are noted on your residence permit. If you wish to engage in other activities, you must submit an application for another activity to the responsible authority. The Berlin immigration authorities generally allow self-employed work in addition to salaried employment. In the case of other authorities, you may need to submit an application and may have to provide proof regarding the specific self-employed activity you are planning to carry out in addition to the employment. In order to be granted permission to take up additional salaried work, you must usually hold a relevant qualification (academic or non-academic) and also need the approval of the Federal Employment Agency. This approval can only be granted if the job is a qualified position for which no domestic worker is available.
Answer: No, the dancer is not allowed to take the mini job as it would constitute employment and she is only permitted to work as a self-employed dancer. An additional work permit cannot be granted since the mini job at the coffee shop is not an activity that requires a certain qualification. However, a one-season employment contract in a theatre would be permissible.
After three years of prior residence, the dancer can have the provision of her residence permit changed to "employment permitted" in accordance with Section 9 BeschV, whereupon she would then be permitted to take up any kind of work (only available in German). However, she must continue to fulfil the conditions for the residence permit for self-employed work (Section 21 (5) AufenthG). If this is no longer the case due to a new employment relationship, it is advisable to seek legal advice.
Is it possible to begin university studies with a residence permit for freelance work?
In principle, you do not require a permit to take up university studies. However, the conditions for the residence permit must still be met. Studying full time can make it difficult to pursue freelancing full time.
It is generally possible to change the purpose of your residence permit from freelance work to university studies. However, freelance work is not permitted with a study visa (Section 16b AufenthG). Salaried employment is permitted on 120 days per year.
What other options are there to make my stay permanent?
As a rule, you can make your stay permanent after a period of five years.
After a prior stay of three years, you can apply for the secondary provision of "employment permitted" in accordance with Section 9 BeschV (only available in German). This provision permits you to pursue any employment with any employer in Germany. In Berlin, the additional provision of "gainful activity permitted", which permits any activity (self-employed or employed), is added in these cases.
If you can provide evidence of a secure livelihood, sufficient living space, no criminal activity, knowledge of the German language, basic knowledge of the legal and social order and the payment of pension insurance contributions over a period of 60 months, you are entitled to a settlement permit or a permanent EU residence permit after five years (or after three years for individual non-freelancing self-employed persons). A settlement permit is not subject to the same time limits and restrictions as a residence permit. It is open-ended and entitles its holder to take up any gainful activity. However, it does not entitle its holder to freedom of movement within the EU.
In contrast to a settlement permit, a permanent EU residence permit offers a certain degree of freedom of movement. Holders of these permits have easier access to residence permits and gainful employment in other EU member states.
What are the conditions for applying for German citizenship?
As a rule, naturalization requires prior permanent residence in Germany for a period of eight years. If certain special integration requirements are met (in particular German language skills that go beyond Level B1), this period can be shortened to six years.
Another requirement, is proof of a regular income that is sufficient to cover your living costs. A settlement permit is not a prerequisite when applying for naturalization.
Germany does not generally allow non-EU nationals to hold dual citizenship. The previous citizenship must be given up when applying for German citizenship. The original citizenship may only be retained in exceptional cases: if, for example, there is no possibility of giving up the original citizenship for legal reasons or if giving up the citizenship entails considerable economic disadvantages.
With regard to the last point, artists can argue that the loss of citizenship would mean that national funding programmes are no longer accessible and that they would incur economic disadvantages as a result.
All About Berlin: How to apply for a German freelance visa
Guidelines on migration law for cooperation between artists and art associations in Germany, Künstlerhaus Stuttgart 2023
BMI information: Verpflichtungserklärung (declaration of commitment)