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Bandmate of non-EU Country: residence permit?

Frage

I am a resident/house singer (angemeldet) in a tourist restaurant in Germany since 2015. I just got my "unbefristeten Ausweis". I am planning to get a bandmate in a Non-EU country. What should I do? I want to be "selbständig Musik Arbeitgeber". I am planning to have a band and tour in different music venue not just in Germany but also in EU Countries. I am also planning to make event concerts or shows. What license or business should I get?

Antwort

Working Opportunities for your bandmate (non-Eu-Country):
If your bandmate is a citizen of Australia, Israel, Japan, Canada, New Zealand, the Republic of Korea or the United States of America, she/he can enter Germany without a visa and obtain the residence permit after his arrival. If your bandmate comes from one of the unlisted third countries, she/he will first need an entry visa and later convert it to a residence permit to take up gainful employment in Germany. There is two opportunities in order to be able to work as an artist in Germany:

Non-self employment
In the case of a non-independent employment in the field of culture and entertainment, which lasts more than 90 days, the procedure is as follows: After applying for a (work) visa by the artist at the competent German mission in the country of residence, the foreigners’ authority sets up a request to the Federal Employment Agency (Bundesagentur für Arbeit) for approval. In case of approval, the visa will be issued. Further information can be obtained at German missions. You will find the local contact here: http://www.make-it-in-germany.com/en/for-qualified-professionals/visa/local-contacts. General information on visa process are available on “Make it in GermanyGermany”.

Self-employment
Foreign artists who plan a long-term stay for self-employment usually need a self-employment visa, fachkraefte/visum/arten-von-visa#visum-zur-selbststaendigkeit], which they convert to a residence permit to pursue a professional activity in Germany. Requirements for the residence permit include proof of your financial means to cover your livelihood and the approval of the Federal Employment Agency. Artists are among the liberal professions, which can be pursued in Germany without specified admission requirements.

Detailed information on requirements, tax aspects and the legal forms of freelancers can be found on the service pages of the state of Baden-Württemberg. This information applies nationwide.

At www.touring-artists.info artists, creative people and creative artists in Germany as well as those who want to work in Germany will find answers to their questions about international mobility.

For personal advice regarding issues on visa or residence permit, do not hesitate to contact the hotline “Working and Living in Germany” under the telephone number +49 30 1815 – 1111. Counseling sessions will be provide in English or German. More on setting up a business in Germany please visit the Website "Make it in Germany".

We wish you all the best for your future plans.

* Please note:
The information presented here is a general service offering. Only the German missions and the foreigners’ authorities are responsible for the issuance of visa resp. residence permits. For further questions, please contact directly the respective authority.

Source: Jean-Marc Djanhan
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
Juli 2018

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