A small side income is not automatically permitted under immigration law. Even occasional freelance assignments, an online shop or weekend services can constitute self-employment. Before you start, your residence rights, employment contract and obligations towards authorities and insurers must all be in order.
1. Read your residence permit and supplementary sheet in full
Check the legal basis, validity and every condition on your residence card and supplementary sheet. Erwerbstätigkeit covers both employment and self-employment; Beschäftigung means work as an employee. This distinction follows from section 2(2) AufenthG. Work in a liberal profession also counts as self-employment for immigration purposes.
- “Erwerbstätigkeit erlaubt/gestattet”: Generally includes self-employment, provided there are no further restrictions.
- “Selbständige Tätigkeit erlaubt/gestattet”: Your activity must stay within the expressly permitted limits.
- “Beschäftigung erlaubt” or permission tied to an employer: This alone does not authorise self-employed assignments.
If there is a prohibition, contradictory wording or an unclear restriction, clarify your entitlement with the immigration authority before starting; section 4a AufenthG is relevant. A business registration certificate, tax number or employer’s consent does not extend your residence permission. Special rules apply to EU/EEA and Swiss nationals. See our overview of residence permits and self-employment.
2. Apply specifically for any additional permission needed
If your existing residence rights already cover the planned activity, you do not automatically need a new permit under section 21. Otherwise, holders of a residence permit issued for another purpose may qualify for additional permission under section 21(6) AufenthG. The original residence purpose remains in place; an application does not automatically result in approval. Any professional authorisations required must have been granted or their issue promised.
The responsible body is generally your local Ausländerbehörde, the immigration authority, rather than BAMF; see section 71 AufenthG. Describe your services, weekly hours, expected income and expenses, and your main job or studies. Depending on the case, the authority may also require your passport, permit and supplementary sheet, employment contract, qualifications, financial plan and evidence of customer interest. Obtain the definitive document list directly from it.
3. Keep the main residence purpose and later changes in mind
A permit for employment or an EU Blue Card does not mean you can infer unrestricted permission for self-employment from your authorised job. Clarify whether your particular permit covers the side activity or requires an additional decision. Do not reduce your hours or leave your main job without checking the consequences: this may affect the basis of your residence.
For studies under section 16b AufenthG, the statutory working-day rules concern employment. They do not replace permission for freelance assignments. Studying must remain your residence purpose. There is no general hours or turnover threshold below which every self-employed side activity is automatically lawful under immigration law.
Have significant changes checked again, such as longer working hours, different services or a switch to self-employment as your main occupation. Keep official decisions and follow their limits and notification requirements.
4. Check your employment contract and actual workload
Check your employment contract, collective agreement and any works agreements for notification or consent requirements. Avoid competing with your employer, using its equipment without permission or impairing your job performance. A written agreement can help prevent disputes; the Stuttgart Chamber of Commerce and Industry provides guidance.
Hours worked in multiple employment relationships are added together under section 2 of the Working Time Act. Genuine self-employed work generally falls outside that rule. This does not give you permission to overwork yourself or put your main job at risk. Immigration restrictions apply independently.
5. Clarify health and pension insurance separately
Tell your health insurer about the activity, time spent including preparation, expected profit and any employees. Whether self-employment is a main or secondary occupation is assessed individually. Calling it a “Nebengewerbe” does not decide the issue. Section 5(5) SGB V governs exclusion from certain compulsory insurance categories when self-employment is the main occupation.
You cannot categorically rule out additional contributions. It also matters whether you have compulsory, voluntary, family or student insurance. Clarify the consequences in writing beforehand and report relevant changes.
Compulsory pension insurance can apply alongside your main job, for example to certain teaching or craft activities, or lasting work predominantly for one client without employees subject to compulsory insurance; see section 2 SGB VI. Deutsche Rentenversicherung assesses the specific obligation and possible exceptions. This is different from false self-employment: actual subordination to instructions and integration into another organisation matter, not simply the number of customers; section 7 SGB IV. Issuing an invoice does not turn employment into self-employment.
6. Plan business registration and taxes
A trade generally needs to be registered when it begins, even as a side business; section 14 GewO. Liberal professions generally do not require trade registration, but tax registration is required. The actual work determines whether an activity is a liberal profession, not the label “freelancer”. Crafts and regulated professions may also require registration in a professional register or professional authorisation.
Generally, you must submit the tax registration questionnaire electronically through ELSTER within one month of starting; section 138 AO. Self-employment profits enter the income-tax calculation alongside other income; section 2 EStG. Set money aside and clarify tax-return and possible advance-payment obligations.
The German VAT exemption scheme for small businesses (Kleinunternehmerregelung) under section 19 UStG concerns VAT. It is not a legal form, a general tax exemption or a work permit. Record-keeping and other tax obligations remain relevant even when you use it. Cross-border transactions may create additional VAT obligations; check them with a tax adviser before your first such assignment.
Checklist before your first assignment
- Check documents: Compare the permit, supplementary sheet, validity and exact activity.
- Secure permission: Where required, wait for the immigration authority’s decision and document its scope.
- Protect your main job: Clarify contractual duties and plan a realistic workload.
- Clarify insurance and registration: Involve your health insurer and, where relevant, the pension insurer, trade office, tax office and professional licensing authority.
- Prepare your administration: Keep orderly records of income, expenses, each accounting document or receipt, invoices and deadlines; budget for taxes.
Frequently asked questions
Can I start working while my application is pending?
Only if an existing or expressly confirmed entitlement already covers the activity. A timely renewal application can continue the previous permit, with its existing restrictions, under section 81(4) AufenthG. A Fiktionsbescheinigung does not automatically create new rights; check its legal basis and stated permission. An appointment or acknowledgement of receipt alone is insufficient.
Do these checks also apply to low turnover or a minijob?
Low turnover does not exempt self-employed assignments from immigration checks. A minijob, by contrast, is employment with its own rules. Do not use the terms interchangeably. Anyone receiving social benefits must also clarify the applicable reporting duties and how income affects benefits.
What about foreign customers and online platforms?
When you work independently from Germany, these checks do not disappear because customers are abroad or a platform pays you. Your actual activity, residence rights and applicable tax and social-insurance rules are decisive.
Organise documents and everyday administration
Once the legal requirements are clear, Motorica.io supports you with invoices, quotes and office organisation. Keep permissions and official decisions together with their deadlines. The software does not replace immigration permission or individual legal and tax advice.
This overview concerns Germany. Your competent immigration authority and, where needed, a qualified adviser are the appropriate contacts for your individual case.
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