Best Residence by Investment Lawyers in Braunschweig
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Find a Lawyer in BraunschweigAbout Residence by Investment Law in Braunschweig, Germany
Residence by Investment (often referred to as the "Golden Visa") allows non-EU nationals to obtain legal residency in Germany by making a significant business or financial investment. In Braunschweig, a city in the state of Lower Saxony, this typically involves setting up or investing in a business that provides economic benefit, such as creating jobs or contributing to the local economy. The process is regulated by German federal law but is also subject to local administrative requirements and municipal considerations.
Why You May Need a Lawyer
Residence by Investment is a complex legal process that involves strict documentation, eligibility criteria, and ongoing compliance requirements. People often seek legal advice for reasons such as:
- Understanding eligibility and suitable investment options
- Preparing and structuring business plans that meet immigration requirements
- Navigating German federal and Braunschweig local administrative procedures
- Ensuring compliance with tax, company, and immigration laws
- Addressing family inclusion (bringing a spouse and/or children)
- Appealing visa or residence permit rejections
- Renewing, extending, or converting residence permits
- Advising on pathways to permanent residency or citizenship
Local Laws Overview
German Residence by Investment procedures fall under the Residence Act (Aufenthaltsgesetz). The most common route is through §21, which allows entrepreneurs to obtain temporary residence if their investment is of economic interest to the region, including Braunschweig. Local authorities in Braunschweig assess business viability, sustainability, and potential benefit to the community. Key aspects include:
- Minimum investment thresholds are not officially fixed but must be sufficient to establish and maintain a business.
- The business plan is scrutinized for feasibility, job creation, and contributions to the local economy.
- Applicants must demonstrate relevant experience or qualifications.
- Family reunification is possible, allowing spouses and minors to join the main applicant.
- Permits are typically issued for up to three years and can be extended or lead to permanent residency after three years if certain criteria are met.
- Decisions are influenced by consultation with the Chamber of Commerce (IHK) and other local bodies.
Frequently Asked Questions
What is Residence by Investment in Germany?
Residence by Investment is a process that allows foreign nationals to obtain a German residence permit by making a qualifying investment, typically through business establishment or investment.
Is there a fixed minimum investment required?
Germany does not set an official minimum investment for the entrepreneur route, but the amount must be sufficient to establish and operate the business as outlined in your business plan, typically from EUR 250,000 and above.
Can I bring my family under this program?
Yes, spouses and minor children can usually join the main applicant and receive residence permits as family members.
How long does it take to get a residence permit through investment?
Processing times vary, but it typically takes 2 to 6 months from application submission to final approval, depending on completeness and the complexity of your case.
Can my residence permit be revoked?
Yes, if the business fails, investment is not maintained, or requirements are not met, authorities may revoke the residence permit.
Is it possible to obtain permanent residency or citizenship through investment?
Yes, after three years on an entrepreneur residence permit (if your business is successful), you may apply for permanent residency (settlement permit). Citizenship usually requires at least 6 to 8 years of residency and integration.
Do I need to have business experience?
While not strictly mandatory, relevant business experience, professional qualifications, or a track record in entrepreneurship significantly strengthens your application.
What role do local authorities in Braunschweig play?
Local authorities assess the economic viability of your business, consult with expert bodies such as the Chamber of Commerce, and decide on the issuance or extension of residence permits within their jurisdiction.
What documents are needed for application?
Required documents include a valid passport, a detailed business plan, proof of investment funds, proof of qualifications, health insurance, and supporting documents for any family members joining you.
Should I use a lawyer or can I apply myself?
While it is possible to apply without a lawyer, legal counsel familiar with local procedures in Braunschweig can greatly improve your chances, help you avoid costly mistakes, and ensure all requirements are met efficiently.
Additional Resources
If you are seeking legal advice about Residence by Investment in Braunschweig, consider reaching out to the following resources and organizations:
- Braunschweig Foreigners Authority (Ausländerbehörde): The local authority responsible for processing residence permits.
- German Chamber of Industry and Commerce (IHK) Braunschweig: Provides business plan assessments and supports entrepreneurs.
- Federal Office for Migration and Refugees (BAMF): Offers national guidelines on residence and immigration laws.
- German Bar Association (Deutscher Anwaltverein): Helps you find qualified immigration and business lawyers locally.
- Local Tax Advisors and Consultants: For guidance on the tax implications of your investment and residency.
- Braunschweig Economic Development Agency: Assists foreign investors and business founders with local regulations.
Next Steps
If you are considering Residence by Investment in Braunschweig and need legal assistance, here are recommended steps:
- Assess your eligibility and preferred investment/business approach.
- Prepare a comprehensive business plan that demonstrates local economic value.
- Consult a qualified immigration lawyer in Braunschweig for tailored advice and to guide you through the process.
- Gather all required supporting documents for yourself and your family.
- Submit your application to the Braunschweig Foreigners Authority, ensuring compliance with both federal and local requirements.
- Stay in communication with local authorities and be prepared for additional requests or interviews.
- Once approved, fulfill all post-arrival registration and compliance obligations, such as registering your address and joining the relevant health insurance scheme.
Legal processes can be nuanced, especially for investment-based immigration. Partnering with an experienced professional in Braunschweig can provide peace of mind and help realize your residency goals smoothly.
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.