Freelancer visa status and part time employment
Hi, I would like to ask a question regarding the conditions of the freelancer visa.
I'm currently applying to a freelancer visa after freelancing earning very low income (< 9k per year) for 2 years with the job seeker visa after graduating from masters in Germany. I am freelancing in my area of expertise considering the masters and previous bachelor field. I just started a new part time job with a fixed salary and benefits that will actually save my life because freelancing was definitely not enough. My question is if I am actually allowed to do it and if in my appointment with the auslanderbehorde I should ask for the zusatzblat with permission to work part time.
I really cannot let this part time employment pass because apart from being in my field it's a really great opportunity. But also with part time I cannot apply for a work visa. So I just hope it is a negotiable thing with the auslanderbehorde when I meet them for my freelancer visa appointment in February.
Thank you for your amazing work! Looking forward to hearing from you soon. Have a great weekend.
Hi @Ciggie7 ,
welcome to our forum!
I understand it's challenging to make ends meet regularly as a freelancer. It's good that you found a part-time job which is a great opportunity for you. However, I have to break this down to you: Unless written otherwise in your Zusatzblatt, you are not allowed to take on a job without the permission of Ausländerbehörde. By doing so, your employer becomes liable to prosecution. I know of a similar case where the person started a Minijob, informing the Ausländerbehörde by sending them a contract. The Ausländerbehörde answered with a warning that it is not allowed and the person then terminated the contract immediately, explained to Ausländerbehörde that they were not aware of this rule. They then asked again for a permission, this time with a new, unsigned contract with flexible starting date (or with extra condition that the contract will become valid as soon as the necessary permission of Ausländerbehörde is granted). They got a permission at the end and could go back to the job eventually but it really depends on the administrator of Ausländerbehörde how they react to the situation.
Ideally your employer for the part-time job is flexible and you can terminate the current contract now and make a new one. If you have an appointment in February anyway, you could also bring the new contract there and ask for permission.
In general it is important that the freelance work stays the main job and the part-time job a side job. The amount of working hours will be used to determine which work is the main one. I have only heard of people getting extra permission for Minijob and I don't know how it is with part-time (20 hours per week I assume) jobs.
These are my suggestions based on the information I have. This is not a legal advice. I strongly recommend reaching out to a counselling center as soon as possible for more in-depth consultation for your specific situation and support in the process of getting the permission. You can look for one here: https://bamf-navi.bamf.de/de/Themen/Migrationsberatung/
Or here for places specialized in self-employment/freelance: https://www.wir-gruenden-in-deutschland.de/beratungsstellen-finder
Also, there is a similar question in the German forum. In case you don't speak German you could use a translator: https://handbookgermany.de/de/forum/thread/teilzeitjob-freiberuflichkeit
I hope this was helpful and let us know if you have more questions.
Best wishes
Seoyoung