Mobility Rules for Investors, Business Owners and other Business People in Germany. , Date: 2015.07.10, format: Working paper, area: Authority

Working Paper 61 deals with fundamental mobility rules for investors and self-employed people and with residence preconditions for the foundation respectively management of a company.

Organizational and residence basic principles, which enable investors, self-employed people and other business agents from third countries to invest in Germany and/or to found a company, are being discussed in the current Focus Study.

This study shows that the field of economic mobility proves to be highly dynamic. The statistical data collection is therefore difficult. Although, statements can be made about the number of self-employed third-country nationals staying in Germany (according to Section 21 of the German Residence Act), there are no statistical data about the number of investors that have moved to the country. This is also due to the fact that the term "investor", often used in colloquial speech, is not based on an exact definition. Furthermore, the borders between investors and self-employed, and their work can be blurred. In many cases no distinction is being made between these two groups when going beyond the perspective of the Residence law.

Beyond the Residence law, the same provisions apply to third-country nationals who want to found and manage a company in Germany as to Germans and other EU or EEA citizen. There has been a set of new legal provisions about this topic in recent years, e. g. the elimination of a minimum invest-ment of EUR 250.000 in 2012. Besides, there has been a legislative change in the field of paid em-ployment, which has not only an impact on foundation activities but which should also counteract the forecasted medium- and long-term skilled-labor shortages.

Working Paper 61 has been written by the National Contact Point of the European Migration Network (EMN), which has been established at the Federal Office for Migration and Refugees. It is the German contribution towards a pan-European comparative study on "Admitting third-country nationals for business purposes" and has been co-financed by EU funds.


The study was drawn up by: Dr. Michael Vollmer

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