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Being a Freelancer with a Resident Title of Family Reunion

Last activity 20 November 2018 by SaltRock

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newincgn

Hi!

I am a NON-EU Citizen who got married with a German citizen. We just started living in Germany. I have just received my Residence Card (Aufenthaltstitel) and also my Tax Number ( Steuernummer)

My question is: Can I become a self-employed person with this resident title of family reunion?

Thanks for your answers.

beppi

In most cases family reunion visa include the right to work (after getting a work permit from the Arbeitsamt).
You should check whether this is the case for you, too.

newincgn

Hi @beppi

Thanks for your kind response. I have been told that I will have a work permit within my residence card. But my husband thinks that maybe it only means that I have to be employed by one company, and I might not be able to be self-employed person.

In my opinion, there should be no difference between being employed or self-employed while you are having a valid work permit. But he kind of confused me :)

beppi

newincgn wrote:

In my opinion, there should be no difference between being employed or self-employed while you are having a valid work permit. But he kind of confused me :)


In fact there is a BIG difference in immirgation rules for employees and businessmen.
You better figure out what you are allowed or not allowed with your work permiot!

newincgn

Hi @beppi

Thanks for your reply. I will check about this accordingly.

Best.

TominStuttgart

How is it that they issued a residency permit without clarifying your profession and if it would be done as a freelancer or not? I am a self-employed performer. I married a German and started with a 3-year limited residency. But they asked a lot about my work before issuing it. I showed them that I had a long experience of professional success.  I was allowed to practice my profession as self-employed but it stated that I was limited to exactly this profession. After 3 years, I was given an unlimited residency that no longer stated job restrictions. You should best specifically ask the immigration authorities and not simply assume that freelance work is automatically allowed.  Confusing is that your profile claims you are a Spanish expat but you write that you are a non-EU citizen?

SaltRock

I am a non-EU citizen married to a German, so in the same situation as yourself.

You have the right to work here as a freelancer, even as a temporary resident. All you have to do is register at your local Finanzamt using the "Fragebogen zur steuerlichen Erfassung", which you can download from their website.

Here is a great guide in English on how to fill it out:  https://bit.ly/28RZG3r

The process is cheap and straightforward. They will then generate an income tax number for you as a freelancer. As soon as you receive your number in the post, you can start trading. 

I am a freelancer "Freiberufler" and also a sole trader "Einzelunternehmer", which means I have 3 tax numbers. One tax id number (which one shares with your EU spouse), another to operate as a freelancer and the third as a sole trader.

As a freelancer or sole trader, one must trade as your name, so if you're a translator and your name is Sara Smith you have to trade as Sara Smith Translation or similar. It's illegal to appear as a company because you personally are the legal business entity. For example, SS Translations or Frankfurt Translation Services is not allowed.

I hope this helps.

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