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Find a Lawyer in HeideAbout Golden Visa Law in Heide, Germany
The term "Golden Visa" commonly refers to residence permits granted to individuals who make significant investments in a country. While Germany does not officially use the term "Golden Visa," it offers a pathway to residency through substantial investment—mostly by establishing and operating a business that contributes positively to the local economy. Heide, a town in Schleswig-Holstein, follows the federal German laws for investment-based residency permits, specifically under Section 21 of the German Residence Act. This law is relevant to entrepreneurs, investors, and business owners seeking residency rights through business investment in Heide or elsewhere in Germany.
Why You May Need a Lawyer
Navigating the immigration and investment process in Germany can be complex, especially for foreigners unfamiliar with local regulations and requirements. A legal advisor or lawyer specializing in Golden Visa or investment migration law can help in several key circumstances:
- Assessing eligibility for investment-based residency and reviewing business plans
- Preparing and submitting application documents correctly
- Addressing complications or rejections from immigration authorities
- Ensuring compliance with German business, tax, and labor regulations after approval
- Advising on extensions, permanent residency, and family reunification options
- Handling appeals or changes in immigration status
A lawyer will help guard against costly mistakes, delays, or legal pitfalls that could jeopardize your application or ongoing residency status.
Local Laws Overview
The Golden Visa process in Heide is regulated by German federal law, primarily the Residence Act (Aufenthaltsgesetz), as there are no region-specific Golden Visa programs in Schleswig-Holstein. Key aspects relevant to investment-based residency include:
- Section 21 Residence Act: Allows self-employed individuals (entrepreneurs or business investors) to apply for a residence permit if their business is likely to have a positive economic impact and there is a regional demand for their business activity.
- Investment Requirements: While there is no legislated minimum investment amount, practical guidelines suggest a significant investment (commonly above €250,000) and the creation of jobs or other substantial economic benefits.
- Business Plan: You must submit a convincing business plan demonstrating the viability and benefit of your venture, which is scrutinized by local authorities and the Chamber of Commerce (IHK).
- Residence Duration and Extension: Initial permits are typically valid for up to three years, after which they may be extended or converted to permanent residency if all requirements are met.
- Other Considerations: Family reunification is generally possible, and after a certain period, applicants may be eligible for permanent settlement or even citizenship if other requirements are fulfilled.
Frequently Asked Questions
What is the Golden Visa or investment-based residence permit in Germany?
It is a residence permit granted to non-EU nationals who make a significant business investment in Germany and actively manage the business.
Is there an official Golden Visa program in Heide, Germany?
No, but the equivalent is the entrepreneur residency permit under Section 21 of the Residence Act, applicable throughout Germany, including Heide.
What kind of business investments qualify for the German Golden Visa?
Qualifying investments typically involve founding or acquiring a company that has a positive economic impact on the local area, often evidenced by job creation or fulfilling economic needs of the region.
How much do I need to invest to qualify?
There is no legal minimum; however, investments above €250,000 are generally considered sufficient, provided the business plan demonstrates economic benefit.
Can I bring my family with me under this visa?
Yes, your spouse and dependent children can usually be included under family reunification provisions after your permit is approved.
Is fluency in German required for the residence permit application?
Initial residence permits do not require language proficiency, but knowledge of German may be required for extensions, permanent residency, or citizenship.
How long does the application process take?
Processing times typically range from three to six months, depending on the completeness of your documentation and business plan, as well as the workload of local authorities.
Can my investment be passive, or do I need to actively manage the business?
Active management is required. Passive investments (like real estate only for personal use or portfolio investments) do not qualify.
What happens if my business fails?
If your business ceases to operate or fails to meet requirements, your residence permit may not be renewed. You should seek legal advice immediately if you face such a situation.
Can I eventually get permanent residency or citizenship?
Yes, after several years of living in Germany on the entrepreneur permit, you may be eligible to apply for permanent settlement and, later, for citizenship if you meet all other requirements.
Additional Resources
Consider the following resources for more information and assistance on Golden Visa or investment-based residency in Heide:
- Ausländerbehörde Heide: The local immigration office in Heide, responsible for residence permit applications.
- IHK Schleswig-Holstein: The Chamber of Commerce, which typically reviews business plans for investment visa applications.
- Bundesamt für Migration und Flüchtlinge (BAMF): The Federal Office for Migration and Refugees, providing official guidelines on residence stays.
- Local law firms: Specialized immigration and business lawyers can offer personalized advice and assist with application preparation and submission.
Next Steps
If you are considering applying for an investment-based residence permit (Golden Visa) in Heide, Germany, the following steps are recommended:
- Assess your eligibility: Review whether your planned business or investment meets the basic criteria for positive economic impact in Heide.
- Prepare a business plan: Draft a comprehensive and convincing business plan demonstrating the viability of your investment.
- Consult a qualified lawyer: Seek legal counsel to ensure your application, supporting documents, and business structure are compliant with local and federal laws.
- Contact local authorities: Reach out to the Ausländerbehörde (foreigners’ office) in Heide and Chamber of Commerce for specific procedures and checklist requirements.
- Submit your application: Your lawyer can help you prepare and submit the residence permit application and liaise with local authorities as needed.
- Stay informed and compliant: Follow up on your application, remain compliant with all local business and immigration laws, and seek ongoing legal advice as needed.
Taking these steps and utilizing professional legal support will help ensure the best possible outcome for your Golden Visa journey in Heide, Germany.
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.