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Hello everyone

I'd like to ask a question. Can i work as a freelancer under a company that give me spontaneous jobs from other companies?(in the contract its self employed..) I am an asylum seekers and only have aufenthaltsgestattung.  I do hope to find a way as a freelancer.
asked Mar 16, 2023 in Work by Hellothere | 477 views

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1 Answer

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Hi @Hellothere,

You previously asked about self-employment with Aufenthaltsgestattung. In that case I answered that it is possible with the permission of the Ausländerbehörde. I based that information on the following document which gives a good overview of access to employment and self-employment in Germany for different types of residence papers and permits:

https://***.ggua.de/fileadmin/downloads/tabellen_und_uebersichten/Zugang_SGB_II_und_Arbeitsmarkt.pdf

The document is only in German but on page 25 it covers Aufenthaltsgestattung. Under the column 'Zugang zur Selbständigkeit' (acess to self-employment) it says it is possible with the permission of the Ausländerbehörde.

However, I have now researched this question further and found other documents with the information that it is not at all possible with Aufenthaltsgestattung. For example at the very end of this document from the IHK:

https://***.reutlingen.ihk.de/fileadmin/user_upload/***.reutlingen.ihk.de/Existenzgruendung_und_Unternehmensfoerderung/Existenzgruendung/PDF_Dateien/19_Exi_Migration_jek_0003.pdf

However, neither source provides a specific legal basis I could check. Ultimately you will get an answer if you apply for permission from the Ausländerbehörde to do the freelance work you mention. Send a written application along with examples of the kind of freelance jobs you are offered.

 Best,

Éanna

answered Mar 17, 2023 by mbeon-Éanna
Thanks a lot for the detailed answer.
When the first source of information you refered to is from agency for arbeit, is it not most likely possible to be able to work as a freelancer? Also you said its possible in the first place.

I also found out this information according to the agency for arbeit
"As a freelancer, you work independently and offer services in various areas. Asylum seekers and holders of an "Aufenthaltsgestattung" (temporary residence permit) can become self-employed as freelancers in Germany under certain conditions. You must:

Have a valid work permit
Register with the tax authorities
Have sufficient financial means to support yourself without receiving benefits under the German Social Security Code (SGB II)
Have a business idea that is likely to be successful
Show that you have sufficient orders to support yourself

 The other documents you pointed out are probably not the official government documents right? U said there is no legal ground they provide

I emailed the secretary in foreign office and said its not possible or they dont know And there seems to be so many conflicting information yet.

If i have to apply first, i dont know what to prepare other than contracts exactly, I can't find the official requirements for the foreigners office. Nobody knows about it around me including regional foreign office and agency for arbeit and social workers. What should i prepare or where should i **** into?

Thanks in advance
I also found out this in addition:

According to the German Residence Act (Aufenthaltsgesetz), asylum seekers with an Aufenthaltsgestattung are generally not allowed to work in Germany. However, there are some exceptions to this rule.

One of the exceptions is if the asylum seeker obtains permission from the Ausländerbehörde (foreigners' authority) to work as a self-employed person. The legal basis for this exception can be found in § 61 of the German Residence Act.
Hi,

The requirements you found and listed above:

Have a valid work permit
Register with the tax authorities
Have sufficient financial means to support yourself without receiving benefits under the German Social Security Code (SGB II)
Have a business idea that is likely to be successful
Show that you have sufficient orders to support yourself

are the requirements to obtain a residence permit as a freelancer. For example, the requirement to be able to support yourself financially is not relevant fior people with Aufenthaltsgestattung.

§ 61 of the Reisdence Act (Aufenthaltsgesetz) does not cover anything related to this topic. It applies to people who have had their asylum case rejected and are obliged to leave Germany.

To apply you should write a letter of application to the Ausländerbehörde. In German, you can entitle it 'Antrag auf Erlaubnis zur selbständigen Tätigkeit'. Provide details of the type of freelance work you wish to do and ideally copies of potential contracts if you have these. The authorities then have to examine your application and provide you with an answer and the legal grounds for either allowing you to do the freelance work or not.
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