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About Golden Visa Law in Braunschweig, Germany

The term "Golden Visa" generally refers to investment-based residency permit programs that allow non-EU nationals to reside, work, and in some cases, eventually gain permanent residence or citizenship in a European country. In Germany, including Braunschweig, there is no official program known as the "Golden Visa." However, Germany offers residence permits to investors, entrepreneurs, and highly skilled professionals under specific legal provisions, notably the German Residence Act (§ 21 AufenthG for entrepreneurs).

In Braunschweig, potential investors or business owners can secure a residence permit if they make a significant economic contribution, create jobs, or fulfill a local economic interest. The application process involves several legal, financial, and administrative steps that must adhere to both national German laws and local administrative requirements in Lower Saxony and Braunschweig.

Why You May Need a Lawyer

Securing a residence permit based on investment (commonly understood as a “Golden Visa”) is a complex process that involves numerous legal, business, and immigration considerations. Here are common situations in which legal assistance may be crucial:

  • Understanding eligibility and preparing the right documentation for a residence permit application.
  • Structuring business investments in accordance with German law.
  • Navigating the approval process by local immigration and economic authorities.
  • Handling business registration and compliance with local regulations in Braunschweig.
  • Advising on tax, property, and employment law concerns related to your investment.
  • Managing family reunification applications for dependents.
  • Appealing a rejected application or addressing legal disputes related to your residency.

Local Laws Overview

While Germany has a unified legal framework, local implementation (such as in Braunschweig) can vary depending on regional economic interests and administrative practices. Important local law aspects include:

  • Section 21 of the German Residence Act (§ 21 AufenthG): Allows foreign entrepreneurs and investors to receive a residence permit if their investment demonstrates economic interest or regional need, creates jobs, and is financed by equity or a loan commitment.
  • Required Investment: No minimum fixed amount is stipulated by law, but authorities may expect substantial investment, typically ranging from 250,000 to 500,000 euros or more, depending on the business plan and potential impact in the Braunschweig region.
  • Business Plan: The business plan must be robust, realistic, and aligned with local economic development goals. Economic authorities and chambers of commerce (such as IHK Braunschweig) often assess business viability.
  • Integration Requirements: Applicants may be asked to demonstrate basic knowledge of the German language and proof of local accommodation and health insurance.
  • Family Members: Spouses and minor children can typically be included in the residence permit application process.
  • Permanent Residence and Citizenship: After several years (usually three to five), eligible applicants can apply for permanent residency, and eventually, German citizenship under certain conditions.

Frequently Asked Questions

What is a "Golden Visa" in the context of Germany?

Germany does not officially operate a "Golden Visa" program like some other European countries. However, it provides residency options for investors and entrepreneurs via residence permits for business purposes under the German Residence Act.

Can I obtain permanent residency through investment in Braunschweig?

Yes, if you maintain your residence permit, meet integration requirements, and your business is successful, you may apply for permanent residency (Niederlassungserlaubnis) usually after three years as an entrepreneur.

Is there a minimum investment amount required?

There is no legally defined minimum, but practical experience shows that investments of at least 250,000 to 500,000 euros are often expected, depending on the impact and business viability.

Does my family qualify for residency through my investment?

Yes, your spouse and minor children can generally join you and receive residence permits as dependents.

Do I need to hire local employees or create jobs?

While not strictly mandatory, creating jobs or demonstrating positive economic impact significantly increases the likelihood of your application being approved.

Do I need to live in Braunschweig full time?

You are expected to primarily reside in Germany to maintain your residency status, although occasional travel abroad is permitted.

How long does the process take?

It depends on the complexity of your application, thoroughness of your documentation, and administrative processing times, typically ranging from three to six months or longer.

Can I invest in real estate to qualify for residency?

Unlike some countries, Germany does not grant residency solely for real estate investment. Investment must generally involve active business management or entrepreneurship.

Who evaluates my business plan?

Local Chambers of Industry and Commerce (e.g., IHK Braunschweig) and local economic authorities review and provide opinions on the viability of your business plan.

What happens if my application is rejected?

You can appeal the decision or address shortcomings that led to the rejection. Legal counsel is highly recommended in such cases to assist with the process.

Additional Resources

Several organizations and official bodies can be helpful for those interested in Golden Visa-type residency in Braunschweig:

  • Braunschweig Ausländerbehörde (Foreigners Office): Handles residence permit applications.
  • Industrie- und Handelskammer Braunschweig (Braunschweig Chamber of Industry and Commerce): Provides guidance and assessment of business plans.
  • Niedersachsen Ministry of Economic Affairs: Offers regional economic policy information and support for investors.
  • Federal Office for Migration and Refugees (BAMF): Information about immigration laws and procedures across Germany.
  • Local law firms specializing in immigration, business law, and investment advisory.

Next Steps

If you are considering seeking residence in Braunschweig through investment or entrepreneurship, follow these steps:

  • Research the residency requirements and determine your eligibility for an investor or entrepreneur residence permit.
  • Identify your investment or business opportunity in Braunschweig and draft a detailed business plan.
  • Consult with local legal experts to ensure your business setup and investment align with both national and local requirements.
  • Prepare and gather the necessary documentation, including proof of investment funds, business plan, accommodation, health insurance, and identification documents.
  • Submit your application to the Braunschweig Ausländerbehörde or relevant German consulate if you are applying from abroad.
  • If you encounter challenges or have legal concerns, promptly seek help from a qualified lawyer with expertise in immigration and investment law.

Professional legal advice can significantly increase your chances of a successful application, ensure compliance with changing laws, and provide peace of mind as you plan your move to Braunschweig.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.