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How to move to Germany with a steady income: a successful client case study

Alexey Nosovsky

Alexey Nosovsky

A representative of the Legal Department at iWorld. Author of articles on Migration Law.

July 21, 2021

7 minutes read

A German city to which you can move through a German residence permit for financially independent persons

Germany has been a member of the European Union since 1957 and has always been of interest to immigrants from various countries due to its economic stability, legal transparency, and high level of medicine. In addition to entrepreneurs and migrant workers, financially independent individuals, including those from Russian-speaking countries, have recently been actively interested in Germany. Among the companies represented on the Marketplace iWorld, there are the best of those, which provide comprehensive legal support for obtaining residence permit in Germany for wealthy citizens.

Special residence permit: to whom and under what conditions it is granted

So, lets take a look at the legal grounds for obtaining a residence permit in Germany for wealthy foreigners. Such citizens are not subject to the provisions of §7 of the law "On Residence, Employment, and Integration of Foreigners in the Federal Territory of Germany", but still have the right to obtain residence permit in Germany. It is worth noting, that these migrants cannot qualify for commercial or labor activities in the FRG and must meet the following requirements:

  • confirmation of refusal to conduct labor or business (commercial) activities in Germany;
  • a certificate of income from the tax office, indicating their source (a minimum of 2500 euros a month per applicant and at least 4000 euros per family);
  • a cash flow statement for the last 3 months;
  • own or rented real estate in Germany or abroad, bank accounts and shares in companies;
  • a letter of motivation, giving reasons for choosing Germany as a permanent place of residence;
  • private medical insurance.

Unusual case: the need for a quick change of immigration status in Germany

When applying for a residence permit, iWorld Marketplace recommends contacting immigration attorneys and consultants, who have strong experience in the respective areas of expertise. A good example of a team of professionals is the Law Office Johannes Engelmann, which has a rich record of clients, holding German residency. This company has had an unconventional case in its practice, where it had to assist in changing the migration status of a person, who originally came to Germany to do business.

Business woman received a residence permit through business immigration to Germany

The client of Johannes Engelmann Law Office (let's call her Tatiana) is a Russian citizen. Together with her husband, she had a good business in Russia, which had become overcrowded on the local market. The spouses decided to expand the business, opening a firm first in Dubai, and then in Hamburg. The husband spent most of his time in the Emirates, and Tatiana in Germany. In Hamburg, the client obtained a residence permit through business immigration under §21 of the Aufenthaltsgesetz (German Aliens' Residence Act) and bought an apartment.

But living separately in the territories of different states was not contributing to the strengthening of family ties. The marriage gradually broke up and was dissolved. The spouses divided their property - everything in the Emirates and Russia went to the husband, and the firm in Germany and the apartment went to Tatiana. In addition, she received a considerable amount of money, which she deposited in the bank at interest. Over time, managing the firm became burdensome for her, and she sold her business quite profitably.

At this point, the meaning of Tatiana's stay in Germany changed. When she applied for a residence permit, her goal was to run a business, which meant running the company and investing money in the German economy. However, after Tatyana sold the company, the Office for Foreigners asked her a number of questions: what was the purpose of her stay in Germany, where did the income come from, and so on. As a result, Tetyana had to turn to her lawyer...

Business woman deals with affairs in the office after business immigration to Germany

A professional solution: the client has nothing to lose

Pursuant to §7 of the German Immigration Office (Auslaenderbehoerde) can only grant a residence permit in justified cases. When deciding on an application for a residence permit, the immigration office takes into consideration the private requests of the applicant and confronts them with the public interest of the Federal Republic of Germany in accordance with Section 1 of the Residence Act, as follows:

  • restriction on the entry of foreigners into the FRG;
  • reducing the use of public infrastructure;
  • lowering the burden on the labor market.

If it is determined that the period of residing of a foreign national is not in conflict with these provisions, they may be granted a temporary residence permit.

The legal requirements for such persons shall be standard. A foreigner, who is over 45 years old, must submit a pension or life insurance contract, according to which they are entitled to a monthly sum of EUR 11,209.88 for 12 years if they are 67, which corresponds to having assets of EUR 159823 (information is taken from the website of the service provider). In addition, it is necessary to have health insurance. Also, the authorities should provide evidence, that the applicant has sufficient savings, using which they are going to live in Germany.

A lawyer from Johannes Engelmann's law office prepared and sent to the Immigration Office a detailed explanation of Tatyana's current status. The lawyer referred to §7 of the German Residence Act (Paragraph 1, Sentence 3), from which it follows, that the applicant has the right to state the purpose of their stay, which is not directly stated in the law.

In this particular case, the client was asked to describe the purpose of their stay as "residence in the Federal Republic of Germany on their private savings, with no purpose of employment". Tatyana had no claim to a residence permit from the authorities, but only applied for permission to stay legally in Germany.

The lawyer detailed the origin of Tatyana's financial means and the sources of her money. The office was also provided with medical insurance and a life insurance contract. In addition, the lawyer undertook to inform the immigration office regularly on her client's behalf about changes to her migration status. Thus, Tatiana's custom case was successfully resolved, and the specialists of Johannes Engelmann Law Office recorded another successful service to their credit.

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