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How can I open a business activity in Germany in a legal process? Just a small mini-market for the traditional stuff for demands of people from Africa.

Antwort

Thank you for your inquiry and your interest in setting up a business in Germany. We will gladly give you more information.

Regarding your residential status:

• If you still live outside of Germany you will need a residence permit for the purpose of self-employment (Aufenthaltserlaubnis zur Ausübung einer selbständigen Tätigkeit) in order to set up a business. Therefore, you will need to apply for a visa for the purpose of self-employed occupation at the competent German Mission in your home Country. The German mission abroad will send your visa application to the foreigners’ authority (“Ausländerbehörde”) at your future place of residence in Germany. Please note that this process normally takes two to four months. Generally, there a several criteria, which need to be fulfilled in order to obtain the residence permit for the purpose of self-employment. This depends on whether you 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. Here you will find out more about the two different ways of setting up a business: http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/ways-of-setting-up-your-business
• If you already live in Germany: As a citizen of the European Union, you are generally free to start up your own business in Germany. If you are not a citizen of the European Union and you do not hold a permanent resident permit (http://www.make-it-in-germany.com/en/for-qualified-professionals/visa), you should get in touch with your competent authority (“Ausländerbehörde”) regarding your residential status and check whether your current work permit allows you to set up a business or whether you may have to change to another residential. To get first personal advice, you can also 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.

Once you are in Germany: 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” (https://www.existenzgruender.de/DE/Service/Beratung-Adressen/Linksammlung/Gruender-innen-Migrationshintergrund/inhalt.html), you will find the contact information of regional and national information centers for entrepreneurs with a migrant background. A general contact list is available on the Startup Portal (http://www.existenzgruender.de/DE/Weg-in-die-Selbstaendigkeit/Entscheidung/Beratung/Beratung-finden/inhalt.htm). Step by step information regarding setting up a business in Germany are available on the website "Make it in Germany”: http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-Germany

Keep in mind, as you are operating in Germany, a good 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 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: http://www.make-it-in-germany.com/en/for-qualified-professionals/training-learning/the-german-language

We wish you all the best.

* 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.
Januar 2018

Notice from the editor:

• BMWi-Existenzgründungsportal: English version