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About Golden Visa Law in Kelheim, Germany

The "Golden Visa" is a term commonly used to describe residence-by-investment programs. In Germany, although the term "Golden Visa" is not officially used, similar pathways exist through investment residence permits under Section 21 of the German Residence Act (Aufenthaltsgesetz). This allows non-EU/EEA nationals to obtain residency in Germany, including Kelheim, by making significant investments—typically in business, real estate, or job creation. Kelheim, situated in Bavaria, abides by the same federal laws as the rest of Germany but may have local administrative procedures or priorities. Obtaining residency by investment can serve as a pathway toward permanent residency and potentially citizenship.

Why You May Need a Lawyer

Navigating the Golden Visa (residence by investment) process in Germany can be complex and nuanced. Engaging a lawyer with expertise in immigration and investment law is highly recommended, especially in these situations:

  • You are unfamiliar with German bureaucracy and legal requirements.
  • You need help assembling and translating documents from abroad.
  • Your investment plans are complex or out of the ordinary (for example, setting up a unique business or investing in unconventional projects).
  • You want to ensure compliance with financial regulations and avoid potential pitfalls regarding tax or source of funds.
  • Your application has been delayed or rejected due to insufficient documentation or misunderstandings.
  • Family members are included in your residency application and you require clarification regarding their eligibility.

A qualified legal advisor can help streamline the process, ensure paperwork is correctly completed, and can represent you in communications with local authorities or, if necessary, in court proceedings.

Local Laws Overview

While Germany has federal laws governing residence by investment, these are implemented locally by city and regional immigration authorities. Kelheim follows Bavarian administrative procedures. Key aspects include:

  • Section 21 Residence Permit: The main legal route for investors is under Section 21 of the Residence Act, allowing residence for self-employment or investment in a German business.
  • Business Plan Requirements: Applicants must present a robust business plan showing economic benefit, job creation, and local demand.
  • Minimum Investment: There is no officially fixed minimum, but generally, an investment of €250,000 or more and the creation of several jobs is expected.
  • Local Economic Interest: The investment must benefit the Kelheim area, be sustainable, and contribute positively to the local economy.
  • Authority Review: The local immigration office (Ausländerbehörde), often in consultation with the local chamber of commerce, examines and approves applications.
  • Renewal and Permanent Residency: Residence permits are usually issued for up to three years and may lead to permanent residency if the investment proves successful and ongoing.
  • Family Reunification: Immediate family members (spouse and minor children) are generally eligible to join the main applicant.

Frequently Asked Questions

What is the "Golden Visa" in Kelheim, Germany?

It refers to the possibility of obtaining a German residence permit by making a significant business investment or starting a company in Kelheim or elsewhere in Germany.

Who is eligible to apply for a residence permit by investment?

Non-EU/EEA nationals with a viable investment or business plan that brings economic benefit to Kelheim or the larger Bavaria region can apply.

Is there a minimum investment required for a Golden Visa in Germany?

There is no strict legal minimum, but authorities typically expect an investment of at least €250,000 and evidence of job creation or economic benefit.

What type of investment is accepted under the program?

Commonly, investments in setting up or acquiring a business, creating jobs, or contributing to the regional economy (especially innovation or technology fields) are favored.

Can I include my family in my application?

Yes, spouses and minor children can usually be included in your application for a residence permit.

How long is the initial residence permit valid?

Typically, the initial permit is valid for up to three years, after which you may apply for permanent residency if requirements are met.

Does a residence-by-investment permit lead to German citizenship?

Permanent residency is possible after several years, which can eventually qualify you to apply for citizenship, provided other legal requirements are met.

Do I have to manage the business personally?

Your active involvement and management are often required as part of the business plan and investment approval process.

Can I buy real estate to qualify for a Golden Visa?

Real estate purchases alone generally do not qualify unless they are combined with active business operations based in the property.

What are the typical reasons for rejection of a Golden Visa application?

Common reasons include insufficient investment, poorly prepared business plans, lack of economic benefit to the region, or doubts about the applicant's intentions or sources of funds.

Additional Resources

Individuals seeking legal advice or information on the Golden Visa process in Kelheim, Germany, may find the following resources helpful:

  • Kelheim Ausländerbehörde (Immigration Office): The local authority responsible for residence permits and immigration matters.
  • Bavarian Ministry of Economic Affairs: Information on starting or investing in a business in Bavaria.
  • Local Chamber of Commerce (IHK Regensburg für Oberpfalz / Kelheim): Advice on local economic development and business plan requirements.
  • German Bar Association (Deutscher Anwaltverein): Directory of qualified lawyers specializing in immigration and investment law.
  • Federal Office for Migration and Refugees (BAMF): Information on residence permits and national regulations.

Next Steps

If you are considering pursuing a Golden Visa (residence by investment) in Kelheim, Germany, here are recommended steps:

  • Consult with a specialized immigration lawyer or law firm in Kelheim or Bavaria to assess your eligibility and the best investment path.
  • Prepare all required documents, including passports, proof of funds, business plans, and any necessary translations.
  • Engage with the local Chamber of Commerce to refine your business plan and demonstrate its economic benefit to the region.
  • Submit your application through the Kelheim Ausländerbehörde or relevant administrative body.
  • Remain in contact with your legal advisor throughout the process to handle any queries or additional document requests that may arise.
  • Consider joining relevant local networks and attending informational seminars to increase your understanding of the local business and regulatory environment.

Starting the process with qualified legal support increases your chances of a successful application and a smooth transition into the Kelheim community.

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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.