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Freelance Visa Question

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parisiennest

Hi everyone,

I'm currently a US expat in Paris hoping to move to Berlin soon to start the freelance visa process.

I just have a few questions,

1. Can you work full time on a freelance visa contract for one company?

I had one company who said if I can be allowed full time and say freelance on my extra time for another client or so, then they are more willing to take me.

2. Do these contracts or recommendations from future or current clients need to be German?

I have two clients from the US and it could help my case if I used the contracts I have now to make my case stronger.

Let me know and thanks again!

beppi

To be a freelancer (i.e. Legally self-employed) in Germany, you must work for several independent clients. If you work only for one, it is counted as employment and the client needs to pay social security contributions for you - even thought they might not have known about it (e.g. The lack of other clients on your part) and also retroactively when this is found (or this situation arises) later. Obviously, they don't want that. Thus any client will take great care (and demand sufficient proof from you) that you are really freelancing in the eyes of the law.
You can make contracts and agreements in any language you and your client understand. You can also opt for any foreign law to apply. But of course this will complicate matters tremendously if a dispute needs to be resolved in a (German) court. So it is advisable to have contracts in Germand and use German law.

parisiennest

Thanks for your reply beppi.

This fully answers my questions.
But just to clarify, although it is definitely more advisable to have German freelance clients, I am not limited to having freelance clients from other countries correct?
Like it's accepted and won't be a cause for immediate denial?

beppi

From a purely legal standpoint, you can have clients anywhere.
But for the freelance visa, I am not sure. Ask the embassy!

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