Best Residence by Investment Lawyers in Starnberg

About Residence by Investment Law in Starnberg, Germany

Residence by Investment (RBI) is a legal pathway that allows non-EU/EEA nationals to obtain temporary or permanent residence permits in Germany, including the affluent region of Starnberg, by making certain qualifying investments. While Germany does not formally offer a "golden visa" program akin to some other EU countries, it does provide investors and business owners with legal means to live and work in the country, often utilizing the "self-employment" or "entrepreneur" visa categories under Section 21 of the German Residence Act. Starnberg, located near Munich and known for its quality of life, attracts investors seeking residency for business, family, or lifestyle reasons.

Why You May Need a Lawyer

Navigating the German legal system and investment regulations can be complex, especially for non-natives. You may need a lawyer in Residence by Investment situations for the following reasons:

• Assessing your eligibility for investment-based residence permits.
• Determining which investment options (business formation, real estate, etc.) satisfy legal requirements.
• Preparing and reviewing documentation for visa and residency applications.
• Ensuring compliance with local, state (Bavarian), and federal laws throughout the application process.
• Handling communication with German immigration authorities and local offices in Starnberg.
• Addressing challenges in cases of application rejections or legal disputes.
• Assisting with family reunification and integrating dependents into the residency process.
• Providing counsel on tax implications and the structuring of investments.

Local Laws Overview

Key aspects of residence by investment in Starnberg are governed by the German Residence Act, Bavarian state regulations, and specific municipal requirements. Significant factors include:

• Business Investment: Investors must typically show an economic interest, viability of the business, and individual funds usually exceeding €250,000, though this is not a fixed minimum.
• Job Creation: Applicants should demonstrate that their investment project creates jobs or generates economic benefit for the Starnberg or wider Bavarian region.
• Real Estate Investment: While investing in real estate alone does not guarantee residency, owning property can support an application if linked to broader business activities.
• Residence Permit Process: Applications are submitted to the local Foreigners’ Office (Ausländerbehörde) in Starnberg. Decisions take into account the type of investment, applicant’s background, and business plan feasibility.
• Renewal and Permanent Residency: Initial permits are typically granted for 1-3 years, with the possibility of extension and eventual permanent residency (Niederlassungserlaubnis) if requirements are consistently met.
• Family Members: Spouses and minor children can usually be included in the application or join the primary applicant later under family reunification rules.

Frequently Asked Questions

What types of investment are eligible for a residence permit in Starnberg?

Generally, significant business investments-such as starting or acquiring a company-are eligible. Investments must demonstrate economic benefit to the region. Passive investments, such as purchasing residential property without an active business element, typically do not meet the legal criteria.

Is there a minimum investment amount for residency in Starnberg?

There is no official minimum, but authorities often expect investments of at least €250,000, alongside a viable business plan and evidence of capital sufficiency.

Can I buy real estate in Starnberg and qualify for residency?

Buying property alone does not grant residency. However, real estate may be used in conjunction with a business investment to support your application.

How long does it take to obtain residence by investment?

The process can take several months, depending on the completeness of your application, business plan review, and local authorities' workload. Preparation, translation, and documentation gathering add additional time.

Can I bring my family with me?

Yes. Spouses and minor children can either be included in your application or apply for family reunification residence permits after your permit is granted.

Do I need to speak German?

While fluency is not a formal requirement for the initial investor residency application, knowledge of German can be beneficial and may be required for certain other types of permits or for permanent residency.

What are my tax obligations if I gain residency?

If you become a tax resident (generally by living in Germany for more than six months a year), you will be liable for taxation on worldwide income. Seeking advice from a tax expert is recommended.

What is the role of the business plan?

A credible, detailed business plan is essential; it demonstrates the investment's viability, anticipated economic impact, projected job creation, and your qualifications.

What happens if my application is denied?

You have the right to appeal a denied application or resubmit with improved documentation. A lawyer can guide you through this process.

Can my residence permit lead to citizenship?

After several years of legal residence (usually eight), including integration measures and language proficiency, it is possible to apply for German citizenship, subject to other requirements.

Additional Resources

If you are seeking more information or assistance regarding residence by investment, consider the following resources:

• German Federal Office for Migration and Refugees (BAMF): Provides comprehensive guides on residence permits.
• Starnberg Ausländerbehörde (Foreigners’ Office): The local office handling residence permit applications.
• Invest in Bavaria: The state’s investment and business promotion agency, offering advice for foreign entrepreneurs.
• German Chamber of Commerce and Industry: Business support and information about establishing a company.
• Local immigration lawyers and notaries specializing in residence by investment and corporate law.

Next Steps

If you are considering applying for residence by investment in Starnberg, Germany, here are the recommended steps:

1. Consult with a qualified immigration lawyer experienced in German investment residence permits.
2. Assess your eligibility, investment options, and personal circumstances.
3. Prepare a thorough business plan and gather all necessary documentation (financial, personal, business-related).
4. Initiate contact with the relevant local authorities in Starnberg for specific application requirements.
5. Review the potential tax implications with a specialist, especially if you plan to reside primarily in Germany.
6. Submit your application and monitor progress closely, using your lawyer to handle communications or issues as they arise.
7. If your application is rejected or delayed, work with your legal advisor to address deficiencies or file appeals where appropriate.

Seeking professional legal counsel from the outset will help ensure a smooth process and maximize your chances of success with residence by investment in Starnberg.