Introduction
There is a specific visa for people who would like to work self-employed in a liberal profession in Germany – for example as architects, engineers or IT specialists. In this blogpost, I explain who can obtain that type of visa and what the requirements are.
Different requirements for businesses and liberal professions
Germany offers different types of visas for non-EU citizens who would like to work in Germany. Fundamentally, these visas fall into two categories: Visas for people who would like to work in Germany as employees and visas for people who would like to be self-employed in Germany. Among the visas designed for persons who would like to work self-employed, there is a distinction between people who would like to run a business and people who would like to work in a liberal profession, for example as a lawyer, a doctor or an architect. This distinction may seem academic, but it is not, because the requirements for the visa are different.
If you would like to obtain a visa to found your own business, you have to demonstrate three things: that there is an economic interest or a regional demand for your business ; that your business will have a positive impact on the economy ; and that the financing is secured. In contrast, if you request a visa to work in a liberal profession, you do not have to meet these requirements.
Video: Visas for liberal professions
What is a liberal profession?
Individual assessment often required
For this reason, the difference between a business and a liberal profession is important. In addition to the questions which visa you can obtain, it is also important further down the road, for example because there are differences in terms of tax obligations between liberal professions and businesses.
Unfortunately, the line between a business and exercising a liberal profession is not always easy to draw. There is not one provision in German law which defines what a liberal profession is. But there is a provision in tax law which states what is considered a liberal profession for purposes of taxation and that is often referred to when it comes to understanding the concept.
This provision first lists a number of professional activities which are generally recognised as liberal professions. These are for example doctors, dentists, veterinarians, lawyers, notaries, engineers, tax advisors and certified accountants. In addition to that, the law states that the term liberal professions also encompasses similar activities.
For this reason, even professions or activities which are not expressly listed in the mentioned provision will be regarded as ‘libera’l if they share the main characteristics of the professions which are contained in the catalogue.
Features of liberal profession
Of course, the work of a dentist is very different from the work of a lawyer. But there are common features regarding the way in which the services are delivered and the type of work they do which justify considering both of them a liberal profession. When it comes to deciding if an activity should be treated as a liberal profession, the question is if that activity shares these features.
One of these features of a liberal profession is that someone delivers services in an independent manner on the basis of his knowledge and skills. For example, if a physician performs a diagnosis, the doctor decides how to proceed, which tests to carry out, how to analyse the results and so on. The physician is not subjected to orders by a patient in that regard; he is independent in his work.
Also, members of liberal professions deliver services of a so-called higher nature. That term, which is used in German jurisprudence, may sound a little strange. It does not mean that the services are more valuable than what other people do. Rather, it indicates that the services require intellectual or creative work. Another feature is that a member of a liberal profession is responsible for the quality of his services. If you consult a lawyer and act according to his advice and this results in damage, you can sue the lawyer. And finally, as a rule, liberal professions require a specific qualification, often an academic qualification.
Professions which are not listed in the law are still considered liberal if they share these features. For example, there is a decision by the administrative court Düsseldorf in which the court stated that a computer programmer is in a liberal profession, at least when he works on programs that are complex. In such cases, having a relevant academic degree is often the deciding factor in whether the authorities classify your work as “liberal” or “commercial.” Consequently, there are a number of professions which could be considered liberal.
The law states other examples of liberal professions. They include artistic, scientific or educational professions.
Non-EU citizens who have one of these professions can get a visa to work self-employed in Germany. They do not have to meet the requirements which are set out for persons who apply for a visa to run a business, for example a positive impact on the economy. Germany recognised that most people in liberal professions will not satisfy the criteria which apply to businesses, because liberal professions are often set up without much capital and do not employ a lot of people.
Regulated liberal professions
But in many cases, there are other hurdles. For many liberal professions, there are special bodies in place which carry out oversight over activities of members of the profession. For example, there is a so-called Chamber of physicians for doctors, there is a tax advisors’ chamber, a lawyers’s chamber and so forth. People who want to work in one of these professions must be admitted by these chambers. There are strict requirements for that. They differ depending on the profession in question ; for example, when you work as a lawyer or tax advisor, you are trained on the legal situation in the country in which you obtained your education. Normally, that will not qualify you to work as a lawyer or tax advisor in Germany. Regarding doctors, for example, the situation is different, because the human body is the same regardless of the country. Also, there are differences if an education or degree will be recognised in Germany. Before a visa is issued, the immigration office will consult with the relevant chamber to check whether the person in question has been admitted to the relevant chamber in Germany, that means whether he meets the legal requirements to exercise this profession in Germany. That refers to so called regulated liberal professions, that means professions where there are strict rules on the conditions to work in these professions. But as I mentioned, there are many liberal professions, and for many of them, the access is not regulated.
Financial security required
In any case, there are general requirements to be issued with a visa and residence permit to exercise a liberal profession. In particular, you must be able to sustain yourself financially and have a health insurance. Even though you do not need to prove “economic interest,” you should be prepared to present a revenue forecast or a simple financial plan to demonstrate that your predicted income will cover all your living costs.