Best Residence by Investment Lawyers in Oldenburg

About Residence by Investment Law in Oldenburg, Germany

Residence by Investment (often referred to as “Golden Visa” or investor residence permit) is a legal pathway allowing non-EU nationals to obtain residence permits in Germany by making significant economic investments. In Oldenburg, as in the rest of Germany, this generally means investing in a local business, creating jobs, or making a substantial financial commitment that benefits the local economy. Unlike some countries, Germany does not offer a straightforward “buy a passport” scheme, but it does offer routes for business investors, entrepreneurs, and self-employed persons under Section 21 of the German Residence Act (Aufenthaltsgesetz). The process is regulated, rigorous, and intended to ensure real economic benefit to Germany and cities like Oldenburg.

Why You May Need a Lawyer

Working with a lawyer can be essential when navigating Residence by Investment in Germany, especially in Oldenburg, for several reasons:

• Understanding the eligibility criteria and legal requirements specific to the business context in Oldenburg.
• Preparation, review, and submission of complex documents and applications to immigration and local authorities.
• Legal representation or support when dealing with the Foreigners’ Authority (Ausländerbehörde) and other government bodies.
• Strategic advice on the type of investment or business structure most likely to qualify for a residence permit.
• Assistance in responding to additional requests for information, or overcoming refusals and appeals.
• Guidance on related legal procedures such as company formation, taxation, and employment law.

Local Laws Overview

Residence by Investment is covered under Section 21 of the German Residence Act (AufenthG), which outlines immigration opportunities for self-employed persons and business investors. In Oldenburg:

• Your investment must demonstrate economic benefit or fulfill a regional need within Oldenburg or the surrounding Lower Saxony region.
• The business concept is carefully assessed for its viability and potential positive impact.
• Applicants typically need to prove availability of sufficient capital, a concrete business plan, and relevant experience.
• Approval is required from both the Foreigners’ Authority (Ausländerbehörde) in Oldenburg and local Chambers of Commerce (Industrie- und Handelskammer).
• Ongoing compliance and renewal requirements must be strictly followed; permits are initially granted for a limited period and can be revoked if conditions are not met.
• Family members may also apply for residence permits under family reunification provisions.

Frequently Asked Questions

What kinds of investments qualify for residence by investment in Oldenburg?

Generally, direct business investments that create jobs or fulfill a local economic need in Oldenburg may qualify. This includes starting a new company, investing in existing businesses, or launching a local branch of a foreign company. Passive investments (like buying real estate for personal use) typically do not qualify.

How much money do I need to invest?

There is no official minimum investment in German law, but as a guideline, an investment of at least €250,000 is often expected. The amount can vary depending on the business plan, industry, and expected economic impact.

Do I need to speak German to apply?

Knowledge of German is not strictly mandatory for initial investment applications, but it may be required for integration purposes, extended stays, or permanent residency. Having a German-speaking partner or employees can help, especially in dealing with local authorities.

Can my family accompany me?

Yes, immediate family members (such as a spouse and minor children) can generally apply for residence permits under family reunification regulations if the main applicant is approved.

How long does it take to process a residence permit application?

Processing times vary but typically range from 3 to 6 months, depending on the complexity of the application, completeness of documents, and response times from authorities in Oldenburg.

Can I eventually apply for permanent residency or citizenship?

Yes, after several years of lawful residency (generally 3 to 5 years for self-employed persons), you may qualify for a settlement permit (permanent residence). Citizenship is possible under certain conditions after six to eight years.

Will I need to pay taxes in Germany?

Yes, residence and business activity in Oldenburg will typically mean tax obligations in Germany. This includes personal income tax, corporate taxes, and possibly other local taxes, depending on your business structure.

What if my business does not succeed?

If your business ceases to operate or fails to meet the investment and employment criteria, your residence permit can be revoked or not renewed. Legal advice is critical if you face business difficulties to explore possible options.

Is buying real estate enough to qualify?

No. Pure real estate purchases, especially for personal or rental purposes, do not qualify for residence by investment under German law. Active business investments are required.

Can I work in another EU country with a German investor residence permit?

No. While you can travel visa-free within the Schengen area, the residence permit allows you to live and work only in Germany. Separate applications are needed for other EU countries.

Additional Resources

If you are seeking more information or need to verify requirements, consider these local and national resources:

• Oldenburg Foreigners’ Authority (Ausländerbehörde): Handles residence permit applications and local compliance.
• Industrie- und Handelskammer Oldenburg (IHK): Provides assessment of business plans and supports entrepreneurs and investors.
• Federal Office for Migration and Refugees (BAMF): National guidance on migration and integration policies.
• German Missions Abroad: Consulates and embassies can offer pre-arrival information and initial guidance.
• Certified Immigration Lawyers: Local lawyers specializing in corporate immigration, business, and tax law in Oldenburg.

Next Steps

If you are interested in pursuing residence by investment in Oldenburg, Germany, follow these steps:

1. Research basic eligibility and investment requirements.
2. Consult with a qualified immigration lawyer in Oldenburg to review your business concept and personal circumstances.
3. Develop a thorough business plan, outlining the investment amount, economic benefits, and sustainability of your venture.
4. Prepare all necessary documentation (proof of funds, identification, business plan, qualifications, etc.).
5. Submit your application through the Oldenburg Ausländerbehörde, with legal assistance if possible.
6. Respond promptly to any requests for additional documents or clarification from local authorities.
7. Upon approval, relocate and start your business operations, maintaining compliance with local laws and regulations.
8. Continue to consult with your lawyer for ongoing compliance, renewals, and potential transition to permanent residency or citizenship.

Professional legal guidance greatly increases your chances of success and helps you navigate the sometimes complex German immigration landscape in Oldenburg.