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Diplomatic status: Working as a self-employed physical instructor

Frage

I live in Germany with my husband, who is posted as a diplomat. I have a diplomatic Ausweis as a spouse. We are both EU citizens. I am interested in providing services as a self-employed physical instructor, working from people's homes and also at hired venues. It will be a small scale business. Could you provide me some advice on whether I am entitled to work here, or whether my diplomatic status creates additional challenges? If not, what is the first step in me registering my business in Germany?

Antwort

In general, as citizen of the EU the freedom of establishment applies for you. That means that you are entitled to work and / or set up a business in Germany and you do not require a visa or residence permit to do so. Nonetheless please get in touch with the institution that granted you the diplomatic status to make sure that there is no conflict of interests.

Please note, in Germany there are two ways of setting up a business: you can either work as a freelancer (Freiberufler) or set up a business as a self-employed entrepreneur (Gewerbe). Being self-employed or a freelancer makes a difference with regard to certain formalities and also has an impact in your company’s legal structure (www.make-it-in-germany.com). Your local tax office will decide whether your profession is considered “freiberuflich” or “gewerblich”, once you register your business at the latest four weeks after you started your activities. Here you will find out more about the two different ways of setting up a business: www.make-it-in-germany.com

Besides, there are many public information centers which will advise you as you set up your own business. On the Startup Portal, under “advice and information”, you will find the contact information of regional and national information centers for entrepreneurs with a migrant background (www.existenzgruender.de). A general contact list is available on the Startup Portal (www.existenzgruender.de). Similarly, the Authority Finder will also tell you about your nearest information center (www.existenzgruender.de).

Keep in mind, as you are operating in Germany, knowledge of German never hurts. Even as you prepare your business, you will find that many official documents are available in German only. If your German isn’t good enough yet, you can take a language course before you set up your business. Some advanced courses have a special focus on the business world: www.make-it-in-germany.com

To get to know more: Step by step information regarding setting up a business in Germany is available on the website "Make it in Germany": www.make-it-in-germany.com

Source: Justina Alichniewicz
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
November 2016

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