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Mexican Citizenship and married to a German Partner: Starting a Business?

Frage

I am a legal resident in Germany married to a German man. I am Mexican and I would like to start a little business about making handmade bouquets for weddings. It is only me and all I need is to open a business Facebook page to attract clients. I can do everything at home. Could you please be so kind to explain to me, what is necessary to make my business legal?

Antwort

As a spouse of a German partner, you are entitled to take up any kind of employment in Germany. Before you can set up a business in Germany, you need to deal with many new topics, for example business plan, financing or paperwork. In Germany, for example, there are two ways of setting up a business: You are either self-employed (“Gewerbetreibender”) or you are a freelancer (“Freiberufler”). You do not get a choice in this matter - it depends on your profession. 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. Freelancers need to register with the tax office (“Finanzamt”). If you want to register as a self-employed entrepreneur, you will need to contact your local trade office (“Gewerbeamt”). Read more.

Even if you cannot wait to start your business activities, it is important to take the time for adequate preparation. That is why you should not rush into things. Instead, focus on drawing up a schedule. Setting up a business plan can help you develop a step by step plan for your enterprise. Your business plan is also crucial for convincing someone of your business idea or your plans. Banks, for example, will use the business plan to assess whether you are a suitable candidate for a loan. Read more.

Before starting, you should also consider your personal coverage, taxes, laws and contracts that might be important for you while setting up a business. Read more.

There are many public information centres in your region, 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 centres for entrepreneurs with a migrant background. A general contact list is available on the Startup Portal. Similarly, the Authority Finder will also tell you about your nearest information centre. Besides, the “IHK Ostwestfalen zu Bielefeld” can give you helpful advice on setting up a business.

Keep in mind, as you are operating in Germany, a good command of German is important. Even as you prepare your business, you will find that many official documents are available in German only. If your German is not good enough yet, you should make sure to take a language course before you set up your business. Some advanced courses have a special focus on the business world.

For further Information regarding 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: Justina Alichniewicz
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
April 2019

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