Does Germany offer an ‘artist visa’?
You may have heard on online forums or social media that Germany offers a '(freelance) artist visa', or that you can only get an 'artist visa' in Berlin.
This text aims to clarify that there is no such thing as an 'artist visa' and to present the other visa and immigration options available for non-EU artists wishing to come to Germany on a long-term basis.
So, what's the problem - is it just a matter of terminology?
In most cases, ‘artist visa’ is a colloquial term used for a national visa or residence permit issued for a specific self-employed activity, categorised as 'freelance', under Section 21 (5) of the German Immigration Act (Aufenthaltsgesetz, AufenthG). Using the term ‘artist visa’ as a synonym for ‘freelance visa’ creates multiple problems. First, the term 'artist visa' can imply to someone without any deeper knowledge of the German immigration system that it allows all kinds of artistic work or gives the holder full access to the labour market in Germany because of a presumed 'artist status'. Unfortunately, both assumptions aren't true: the freelance visa is very restrictive in terms of permitted work activities, as described in detail below. There is also no such thing as 'artist status' under German law.
Where does the myth come from?
While German immigration law is applied nationally, the process is decentralised: decisions are made by the local immigration office of the applicant's (future) place of residence. Local caseworkers have the final say on national visas and residence permits. Local governments may issue guidance on how caseworkers should interpret national immigration law where the national law provides some flexibility - this is particularly the case for visas and permits for freelancing/self-employment.
Two local governments, those of Berlin and Hamburg, have decided to publish guidelines for the caseworkers of their local immigration offices to interpret Section 21 (5) of the German Immigration Act in an 'artist-friendly' way. In practice, this means that caseworkers can make a positive decision during the interview - even for applicants who are emerging artists, don't have an impressive CV, or don't have tons of savings. In Berlin and Hamburg, it's common for residence permits for freelance artistic work to be issued for two or three years - the local governments actively want freelance artists to relocate and 'try things out' for a few years. In both cities, well-meaning officials sometimes even grant the broad freelance activity 'artist', which allows for a whole range of self-employed artistic activities. But this isn't the norm: even in Berlin and Hamburg, other caseworkers only allow a much more specific activity (such as 'dancer' or 'installation artist'), based on the descriptions of freelance activities in the contracts and letters of intent.
In other municipalities or cities, caseworkers without artist-friendly guidance tend to be stricter: they may ask a third party to assess the application to check that the applicant is likely to be able to make a living from their freelance artistic work alone. The process may take much longer.
However, it is important to note that the residence permits issued by the local immigration authorities in Berlin and Hamburg do not have a different legal basis: they are standard residence permits, issued and restricted to a specific freelance work activity, the same type of permit as issued by any other immigration authority in Germany, with all the problems that this entails (see below).
Back to the question of terminology: is it a visa or a residence permit?
The English term 'visa' is an umbrella term for immigration documents used in English-speaking countries. In Germany - and most other continental European countries - there is an important distinction between the term 'visa' (Visum in German) and the term ‘residence permit’ (Aufenthaltserlaubnis in German).
In Germany, the term 'visa' is only used to describe an entry document issued outside Germany by a German embassy or consulate. A visa is usually issued as a sticker affixed to a page of a passport. The term 'residence permit' is used to describe an immigration document issued within Germany by a local immigration office. A residence permit is issued in the form of a plastic card. Once an application for a residence permit has been approved, it can take up to 8 weeks for the card to be ordered, printed and delivered. In English, many people use the term 'visa' when they mean a residence permit. This can be confusing, as the distinction between a visa and a residence permit is important to understand the two-step process involved in moving to Germany: nationals of most countries must first apply for a (pre-clearance) national visa (type D) at the German embassy or consulate in their home country or country of residence, and then convert the national visa into a residence permit once they arrive in Germany. This also applies to freelance visas.
Only a few privileged nationals can skip the national visa procedure and apply directly for a residence permit at a local immigration office after a visa-free entry (these privileged countries are Australia, New Zealand, Japan, South Korea, Israel, the UK, Canada and the USA; special regulations apply to Brazil and Ukraine). Success stories on the internet of privileged nationals getting their 'artist visa' after a face-to-face interview in Berlin obscure the fact that for most other non-privileged nationals the process is much longer and also involves applying for a national visa first - even if they can enter Germany and the Schengen area visa-free for short stays (such as nationals from many Latin American countries). By using the term 'visa' instead of 'residence permit', we run the risk of misleading non-privileged nationals into thinking that they can apply after entering without a visa.
How the German immigration system works
Unlike other countries (such as the UK's Global Talent Visa or France's Passeport Talent), German immigration law doesn't have a specific type of visa or residence permit for artists, giving them flexible access to different work activities.
Instead, the German immigration system is based on the idea that someone whose main purpose is to work in Germany has limited access to the labour market. In the first few years, work is restricted either to employment on a payroll or to a specific self-employed/freelance activity.
Only some types of visa/permit allow unrestricted access to the labour market, such as family/spouse reunification, humanitarian reasons and some Working Holiday or Youth Mobility Visas (see below).
Artists moving to Germany who don't qualify for these visas/permits and whose main purpose/reason for moving to Germany is to work must check their work status to determine the type of visa/permit that applies to their situation. In Germany, there are only two work statuses: employment and self-employment. “Freelancing” is a specific form of self-employment.
If artists are employed, their visa/permit is based on the regulations for skilled work/employment (Section 18 AufenthG), highly paid employment (EU Blue Card) or for certain nationals and/or certain types of artistic employment (Section 19c AufenthG). This visa/permit is limited to the employment contract (employer/sponsor). Secondary work activities (other employment contracts, self-employed/freelance work) aren’t allowed.
If artists intend to work as self-employed/freelancers, the regulations for self-employment/freelance work apply (Section 21 section (1) and (5) AufenthG).
I’m confused. What does freelancing mean in a German context?
The English term ‘freelancer/freelancing’, which is also widely used in Germany, has different connotations in Germany. It is important to note that this is not a legal term. In Anglophone countries and colloquial usage, 'freelancing' is understood as a sociological concept: it attempts to describe a particular type of career based on autonomy and multiple jobholding, which may also involve some degree of employment (e.g. part-time work).
In Germany, the English term 'freelancing' is mostly used as an inaccurate and misleading translation (a 'false friend' to some extent) of a specific legal term: 'freiberuflich', one of the two sub-categories of self-employment. The term 'freelance' covers only certain self-employed activities categorised as 'liberal professions' (Freie Berufe). These are the so-called catalogue professions (Section 18 (1) number 1 EStG, listed here) and similar professions. They include most artistic self-employment activities related to creation and performance in an artistic context and most artistic teaching activities. In contrast to the English and colloquial use of the term, 'freelance' in Germany means only self-employment.
The freelance permit doesn’t allow any “Gewerbe” (trade/business) self-employed activities
Under German law, self-employed activities that don't qualify as 'liberal professions' are a 'Gewerbe', i.e. trade/business activities. In the world of arts and culture, these are activities with a focus on intermediary and administrative work, as well as the creation of fixed establishments for the direct sale of works of art to consumers. Examples include working as a manager or agent, an event organiser or promoter, or setting up a record label, art gallery or distribution company. Artists on a freelance visa/permit must be aware that these activities are not considered 'freelance' and are not permitted.
The freelance permit can be problematic for artists who primarily earn money through scholarships and grants
In some cases, the immigration office can reject applications to extend/renew a freelance permit if the holder didn’t ‘work’ as a self-employed person but mostly earned money through (often tax-free) arts grants and scholarships (to conduct artistic research, etc.). To extend/renew a freelance permit, it’s essential to prove that it was ‘used,’ i.e. that the holder can prove that they sold and invoiced for their work or services. However, own payments that are included in the financing plan for project funding are generally recognised as self-employed income.
A freelance permit doesn’t allow hybrid work
The main problem for freelance visa/permit holders is that they mistakenly believe that all types of contracts are allowed, based on the sociological understanding of the term 'freelance', when in fact the permit only allows work activities that meet the requirements of genuine self-employment.
In Germany, many artists rely on hybrid work, combining income from self-employment/freelancing and income from (part-time) employment contracts. This arrangement isn’t possible with a freelance visa/permit because it only allows working in one work status (self-employment).
This is particularly important for performing artists who are directly employed by theatres, companies or (film/TV) production companies (often on short-term contracts). According to German social and labour law, the work status (employee or self-employed) isn't a free choice but must reflect the actual working relationship between the contracting parties. If a worker performs work with a high degree of subordination/hierarchy and integration into the other party's business structure, the worker must be treated as an employee. The "Abgrenzungskatalog" of the German Pension Insurance serves as a guideline for performing artists and provides some clarity on the obligatory employment for certain work situations.
A broad distinction could be made between the so-called independent performing arts scene (Freie Szene, characterised by the lack of hierarchy between artists and their clients, collective work and entrepreneurial risk) and the more hierarchical working conditions for ensemble or cast members of state-funded theatres, dance and music companies, and people working on the sets of TV and film productions. While the former are mostly considered self-employed (true 'freelancers'), the latter are legally required to be employed. Compulsory employment has nothing to do with the duration of the contract, or the number of hours worked: the main criteria for determining compulsory employment are the degree of subordination and integration into the business structure of the contracting party.
Therefore, performing artists holding a freelance visa/permit are restricted to working in the independent performing arts scene. Any engagement subject to compulsory employment (even for a very short period, such as a few hours, days or weeks) isn't allowed and requires explicit permission from the immigration authorities.
Performing artists with a visa/residence permit for freelance work are therefore generally only allowed to work in the independent scene or in contexts where they determine the framework conditions of their work.
A dancer has a freelance visa/permit according to Section 21 (5) AufenthG, which states that the permitted activity is "dancer". The dancer receives an offer to perform as a dancer in a musical production for one week. As performers in musical productions are obliged to work under an employment contract in most cases, the dancer needs the permission of the immigration office before the contract can begin. Due to the slow response times of the immigration office, approval may come too late. Even if the approval is granted, the dancer must ensure that the self-employed/freelance work remains their main source of income, as it's the basis/purpose of their residence permit.
The freelance permit only allows the specific activities listed on the permit
One of the most important aspects of the freelance visa/permit is that it only allows the holder to work in a specific field or carry out a specific activity, as stated on the visa/permit. For example, the visa/permit might say, "Self-employed activity permitted as a dancer". This means that the holder can only work as a self-employed dancer. They wouldn't be allowed to work as a self-employed dance teacher, musician or translator. Working as an employed dancer wouldn't be allowed either, as described above. As mentioned in the introduction, caseworkers in some cities can be generous and don't include a specific field on the visa/permit but simply write "artist" on the permit. This allows for a wider range of self-employed activities (working as a performing artist, visual artist, etc.).
However, this is not the norm - even caseworkers in 'artist-friendly' cities such as Berlin and Hamburg sometimes only allow a very specific type of self-employment. Often, caseworkers take the wording from the letters of intent and/or contracts submitted during the application process. If the letters of intent contain very technical and specific terminology (e.g. 'artificial intelligence installation artist'), applicants risk that the caseworker will only allow this specific activity. It may be useful to use a more general term in the application form (e.g. 'graphic designer' or 'musician'), which could allow for certain sub-activities, and to ensure that the same terms are used consistently in the letters of intent and contracts. It's possible to apply with more than one activity, but it's recommended to have at least two letters of intent per activity as proof that there is a demand for the service.
How can I find out what access I have to the labour market?
Access to the labour market is defined in the ancillary provisions (Nebenbestimmungen). The ancillary provisions can be found in the green paper document ‘Supplementary sheet to the residence permit for the residence card for the residence permit’, which is issued together with the electronic residence title (eAT). The ancillary provisions can be found on page 5 of this document. Persons who have not (yet) received an eAT or a supplementary sheet will find the ancillary provisions noted on the adhesive visa sticker.
How to navigate the restrictions
In the first few years, working in the respective other work status requires prior approval by the immigration office, but the approval procedure can often take too long for short-term job offers and engagements. Adding a secondary self-employment to a residence permit restricted to a specific employment contract can be somewhat easier (§ 21 Section 6 AufenthG), as not all self-employment contracts need to be approved individually. Instead, the immigration office can approve an "activity".
The general restriction for freelance permit holders is lifted after three years of residence in Germany based on Section 9 (1) BeschV. In the first few years, working in the other work status requires prior approval by the immigration office. The immigration office then updates the regulations of the permit to allow "employment", i.e. any kind of part-time work (in any field/sector) is now allowed without prior approval by the immigration office. Berlin’s immigration office sometimes uses an even more comprehensive wording and allows "Erwerbstätigkeit", which doesn't only allow part-time employment but also other self-employed activities on the side (in any field, including freelance and business/trade activities).
However, it's important to understand that the freelance activity listed on the permit remains the basis/purpose/reason for the stay in Germany. This means that the main occupation and the main source of income must remain the freelance occupation listed on the permit. If another status or work activity becomes the main purpose of the stay, the residence permit category must be changed according to the conditions of the new purpose.
The ancillary conditions are often updated during the face-to-face appointment to renew/extend a residence permit after three years. If the renewal appointment was after one or two years and the next appointment is well after the three-year waiting period, it's possible to contact the immigration office and ask for an updated certificate of current residence status after three years with the updated ancillary conditions.