Residence permit for managing directors

Description

With a visa or residence permit as a managing director, you can work as a managing director for the company listed on your residence permit (for example, on the supplementary sheet).

Visa procedure:
If you belong to a third country ( not the EU, Norway, Iceland, Liechtenstein or Switzerland), you generally need a visa to enter the country for the purpose of employment, which must be applied for at the German diplomatic mission abroad.

The visa is not required for citizens of Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

EU/EEA citizens do not need a visa, residence permit or work permit.

After entering the country:

You must first register your residence at the Citizens Office.

Application for a residence permit:

Before your visa expires, you must apply for a residence permit. If you can enter the country without a visa for this purpose, you must submit the application within 90 days of entering the country.

To apply, please send us your application form and the required documents online or by post. After we have checked your application, you will receive an appointment for a personal interview.

Prerequisites

You do not need a university degree to work as a managing director, but you must be able to carry out the job with your previous education.

The activities of a managing director include, for example, the following:

• Ensuring a profit-orientated and efficient business process
• Developing investment and cost plans

• Determining profit and sales expectations
• Organising the day-to-day business
• Making human resources decisions
• Keeping cash books and annual accounts
• Participation in marketing
• Checking the creditworthiness of business partners
• Recalculating larger offers
• Maintaining the share capital:A managing director is responsible for ensuring that the assets required to maintain the share capital are not paid out to the shareholders
• Representation of the company
• Submission of a proper tax return

Employed managing directors:

This residence permit is only for employed managing directors who hold less than 50 per cent of the shares.

Self-employed managing directors:

You are a self-employed managing director if you are also a managing director of the company and hold at least 50 per cent of the shares.

Prerequisites for the granting of a residence permit are

• An economic interest or a regional need
• A positive impact on the economy
• Secured financing (through equity capital or a loan commitment)

Required documents

• Registration of main residence in Munich
• Fully completed applicationform
• Valid passport or passport substitute
• biometric passport photo(only at the appointment, photo machines can also be found at the Foreigners Office)

• Valid visa for entry (if required)
• Proof of health insurance (insurance card of your statutory health insurance or the insurance policy of a private health insurance company)
• Proof of training and qualifications, e.g. certificates and diplomas (in the case of foreign documents, if necessary by submitting certified German translations and, if applicable, formal recognition). The position of managing director is not linked to any specific qualification, but the tasks and liability obligations do require a certain level of qualification, in particular professional experience
• Proof of German language skills level B1
• Current extract from the commercial register showing the distribution of shares and the existing managing directors and any entries regarding general authorisation and power of attorney
• Shareholders' agreement (including the list of shareholders)
• Proof of adequate pension provision for persons over the age of 45. This is based on the pension calculation of the German pension insurance.

further documents:

Employed managing directors:

• Form "Declaration of employment relationship"
• Employment contract as managing director with details of the salary amount
• Fully completed insurance for the exercise of employment(please upload together with the employment contract)

Self-employed managing directors:

• Detailed curriculum vitae
• complete business concept (business plan; further information can be found under "Questions & Answers")
• Company balance sheet or statement from tax consultants as proof of the company's success and financial solvency
• Personnel report

Please submit the above documents as up-to-date and clearly organised as possible. Missing or incomplete documents may lead to a negative decision.

Further documents may be required in individual cases.

Legal basis

§§ Sections 18a, 18b, 18g, 19c, 21 AufenthG