Procedure
After the application and supporting documents have been submitted to the
German Consulate or in Germany directly (for citizens of countries that
are subject to visa-waiver regulations), the Immigration Offices regularly
ask local Trade Authorities, such as the Chambers of Industry and Commerce
for their legal opinion.
In exceptional cases, other specialized Authorities, such as the Chamber
or Architects or Health Authorities are included in the decision making.
Due to their special expertise, they check whether there is an economic
interest or a regional need for the desired activity and whether the
activity may lead to a positive effect for the German economy.
In particular, the assessment of these conditions is based on the viability of the underlying business idea, the entrepreneurial experience of the foreigner, the level of capital invested, the impact on the employment and training situation, and on the contribution to innovation and research.
Important: During the decision making process for the residence permit,
the Foreigners Authority is not bound to any position from an economic
point of view, and it’s a flexible system that gives the Authority a wide
discretion.
The statements made to the Immigration Offices are
merely internal. Their - even positive - results are generally not
publicly disclosed or made available to applicants.
Foreigners wishing to enter the Federal Republic of Germany to take up
gainful employment must apply for a residence permit prior of their
arrival at the responsible German Consulate abroad.
The applications are forwarded from there via the Foreign Office to the
Immigration Office responsible for the intended place of residence with a
request for consent.