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Frage

Would you please let me know, whether I need a lawyer for entrepreneur or self-employed migration or can I this handle myself? How long might it take for becoming entrepreneur or self-employed, if I am entitled?

Antwort

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 (http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/ways-of-setting-up-your-business), makes a difference with regard to certain formalities and also has an impact in your company’s legal structure. 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: http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/ways-of-setting-up-your-business

Generally, before setting up a business, we strongly recommend you to get personal advice from an expert - especially when it comes to legal procedures - but it is also advisable, for example, to get your business plan checked from an expert. You should therefore contact one of the many public information centers in your region or consult directly a lawyer or tax advisor. On “Make it in Germany” you will find an overview of advisory services and further training opportunities: http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/advisory-services-and-further-training

Regarding your residential status, if you already live in Germany: If you are 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 status before taking up the freelance job. To get some 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.

If you still live outside of Germany: If you are not citizen of the EU, in order to set up a business in Germany, you will need a residence permit for the purpose of self-employment (“Aufenthaltserlaubnis zur Ausübung einer selbständigen Tätigkeit”). Therefore, you will need to apply for a visa for the purpose of self-employed occupation at the competent German Mission in your current country of residence. A local contact of a German Mission you can find through our world map: http://www.make-it-in-germany.com/en/for-qualified-professionals/visa/local-contacts

Please note that 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”). If you would like to set up a business as a self-employed entrepreneur you will need to apply for a residence permit for the purpose of self-employment (http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/visa#general-information-on-the-visa-process-for-citizens-of-other-states). To obtain this permit, you will need to fulfil a number of general criteria (http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/requirements-for-an-own-business) and some additional requirements, which you should ideally cover convincingly in your business plan. A Residence permit will cost you a maximum of 140 Euro, while a settlement permit will cost 260 Euro at most. As a rule, the fee for visas is 75 Euro. For further questions regarding the visa process, please contact the German Mission in your country of residence – especially for questions concerning the required documents.

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 (http://www.make-it-in-germany.com/en/for-qualified-professionals/training-learning/the-german-language).

More 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

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
  
• German Federal Central Tax Office: Foreign Investors Help Desk
  
• Germany Trade and Invest - Gesellschaft für Außenwirtschaft und Standortmarketing mbH: Investment Guide to Germany