Beste Aufenthalt durch Investition Anwälte in Ihrer Nähe

About Aufenthalt durch Investition Law

Aufenthalt durch Investition, often referred to as residency by investment or investor residence, is a legal pathway that allows non citizens to obtain a residence permit in exchange for making a qualifying investment. The exact requirements vary by country and program, but common investments include real estate purchases, government bonds, or business creation and job creation.

This guide explains the concept, outlines scenarios where legal help is useful, highlights key laws in select jurisdictions, answers common questions, and provides practical steps to work with a suitable lawyer. It is designed for residents and non residents who want a clear, actionable overview of the pathway and its risks and benefits.

Why You May Need a Lawyer

A qualified attorney helps you evaluate whether an investment based route fits your goals and whether you can meet all eligibility criteria. Legal counsel can also manage documentation, coordinate with government agencies, and help you avoid costly mistakes.

• A family planning scenario where a couple wants a joint residence permit after one partner makes a qualifying investment. A lawyer can determine whether dependents qualify and how to structure filings to avoid compatibility issues with family law or immigration rules.
• A high value real estate transaction intended to qualify for a Golden Visa but raises questions about source of funds, tax implications, and anti money laundering compliance. An attorney can advise on documentation that satisfies authorities and reduces risk of delays.
• A multi jurisdiction investment program where investors want to optimize timelines by aligning real estate purchases with business investments. A solicitor can coordinate cross border filings, correct forms, and ensure consistent corporate records.
• A client facing delays or denials due to incomplete background checks or mismatched residency histories. A lawyer can identify gaps, request reconsideration, and manage appeals or waivers where applicable.
• A business owner seeking a self employed route rather than a passive investment. An attorney can assess eligibility, prepare business plans, and ensure employment or self employment requirements are met under local law.
• A client needing ongoing compliance after approval, including renewal, annual reporting, or changes in investment. Legal counsel can institute a monitoring plan to maintain eligibility and avoid lapses in status.

Local Laws Overview

Germany - Aufenthalt durch Investition framework (Aufenthalt durch Investition)

Germany does not have a single universal Golden Visa program. Instead, many investors pursue residence through self employment or business investment under the Residence Act, known as the Aufenthaltsgesetz or AufenthG. The law governs the conditions for residence permits, including those tied to entrepreneurial activity and investment related goals.

Key sections relate to the purpose of stay, self employment, and the route to permanent residency. The legal framework is frequently updated to respond to economic needs and migration patterns, so professional guidance is essential for compliance and timing. Official materials discuss the general structure of residence permits under AufenthG and related ordinances.

Source: AufenthG texts and guidance are available on official government and legal sites such as gesetze-im-internet.de and the German Federal Office for Migration and Refugees (BAMF).

Portugal - Decreto-Lei 63/2012 (Golden Visa)

Portugal operates a well known Golden Visa program created to attract foreign investment. The program allows a residence permit in exchange for qualified investments, most commonly in real estate or capital transfers. The initial regime was established by Decreto-Lei 63/2012, with subsequent amendments to adjust thresholds, eligible investments, and processing rules.

Applicants must meet investment requirements and pass due diligence checks, with family members often eligible to join the permit. The program is administered through the Serviço de Estrangeiros e Fronteiras (SEF) and operates under Portuguese immigration law and related tax rules.

Official information about the Portuguese Golden Visa can be found on SEF's site at SEF - Golden Visa.

Greece - Law 4251/2014 (Investment Law)

Greece governs its investor residence program under Law 4251/2014, commonly referred to as the investment law and used to issue temporary residence permits to qualified investors. The regime has undergone amendments to adjust investment thresholds, eligibility criteria, and family inclusion rules.

Applicants typically submit proof of qualifying investment, pass due diligence, and meet residency conditions. Greek authorities and ministries publish guidelines and updates as the program evolves to align with EU and national policies.

Official information about Greece’s investor residence framework is available through Greek government and diplomatic channels, including the Ministry of Migration Policy and related parliamentary resources. For reference, see official government communications and legal texts such as Greek Ministry of Foreign Affairs and the Greek Parliament’s legal database.

Notes on sources For German law see the official AufenthG texts, for Portugal see SEF and Diário da República publications, and for Greece see the Law 4251/2014 materials on official Greek government portals. These sources provide the current framework and any recent amendments.

Frequently Asked Questions

What is residence by investment and how does it work?

Residence by investment is a program that grants a residence permit in return for a qualifying investment. Requirements vary, but common elements include a minimum investment amount, due diligence, and ongoing compliance. The process typically starts with a legal consultation and ends with a government decision and issuance of a permit.

How do I qualify for a Golden Visa in Portugal?

Qualification usually requires an investment that meets program thresholds, such as real estate or capital transfers. You must pass background checks and provide comprehensive documentation. An attorney helps prepare submissions, verify funds, and manage the application timeline.

What is the typical timeline from start to approval in a Golden Visa program?

Timelines vary by country and complexity. A straightforward real estate investment often takes 6 to 12 months from initial inquiry to approval, with longer periods for due diligence and property closing. Delays can occur if documents are incomplete.

Do I need to relocate physically to keep the permit?

Many programs do not require full relocation, but some do require visits or minimum stay conditions. You should confirm stay requirements with your lawyer and plan travel to meet thresholds for renewals or permanent residency eligibility.

What documents are typically required to apply for an investor permit?

Common documents include a valid passport, proof of investment funds, police background checks, proof of source of funds, and a business plan or property contract. A lawyer helps ensure consistency and translations where needed.

What are the ongoing compliance requirements after approval?

Common requirements include maintaining the investment for a specified period, renewing permits periodically, and reporting changes in address or ownership. Non compliance can jeopardize status and future renewals.

What is the cost range for engaging a lawyer in these processes?

Legal fees vary by country, complexity, and the attorney’s experience. Expect upfront consultation fees, document preparation charges, and government filing costs. A clear engagement letter helps control costs.

Can family members be included on the investor permit?

In many programs, spouses and dependent children can be included. Some programs also allow dependent parents. Each jurisdiction has specific rules on who qualifies and how to add dependents.

Is there a path to permanent residency or citizenship through investment?

Several programs offer a route from temporary residence to permanent residency, and some to citizenship after a number of years. Requirements for naturalization or long term residency vary by country and often include language or residency criteria.

What is the difference between investor residence and permanent residence?

Investor residence is tied to the investment and usually requires renewals. Permanent residence generally offers longer term status with fewer renewal hurdles but may have stricter residency requirements. Both require ongoing compliance.

Do I need to hire a local lawyer in my home country as well as in the destination country?

Yes, it is often helpful to coordinate legal advice across jurisdictions. A local lawyer understands the destination country’s procedures while a home country lawyer can manage cross border funds and tax implications.

What options exist if an application is denied or delayed?

Options typically include an administrative appeal, submitting additional documents, or re filing after correcting deficiencies. A lawyer can guide you through the appeal process and timelines and help preserve your investment strategy.

Additional Resources

• SEF - Serviço de Estrangeiros e Fronteiras (Portugal) - Official immigration and border service managing Golden Visa applications and related processes. https://www.sef.pt
• Greek Ministry of Migration Policy - Official information on investor residence, eligibility criteria, and related guidelines. https://migration.gov.gr
• European Commission - Home Affairs - EU level guidance on residence by investment and cross border mobility. https://ec.europa.eu/home-affairs

Next Steps

1. Clarify the country and program you want to pursue Determine which jurisdiction offers an investment route that matches your goals and timeframe. This helps tailor the legal strategy and documents needed. Estimate a two week initial assessment period.
2. Gather personal and financial documents Compile passports, birth and marriage certificates, proof of funds, and bank statements. Start collecting translations and notarizations to avoid delays later. Plan for a four to six week collection window.
3. Consult a qualified immigration attorney Engage a lawyer with proven experience in residency by investment in the chosen country. Prepare a concise engagement plan, fee estimate, and a timeline for the application. Schedule an initial meeting within two weeks of decision.
4. Develop a compliant investment plan Work with your lawyer to finalize the investment structure. Ensure the investment meets program thresholds and that funds originate from permissible sources. Expect four to eight weeks for due diligence and structuring.
5. Prepare and submit the application package Prepare all forms, translations, and supporting documents. Your attorney coordinates with government authorities and tracks the filing status. Filing timelines vary by program but often occur within a two to three month window after documentation is ready.
6. Monitor approval, renewals, and any changes After approval, manage residency conditions, renewal deadlines, and any regulatory updates. Your legal team should provide ongoing compliance reminders and document maintenance.