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Frage

I would like to know, how I can establish my own small business in Germany.

Antwort

If you are a citizen of the European Union, you are free to set up a business in 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”). As you are not yet living in Germany, you need to apply for a visa for the purpose of self-employed occupation at the competent German Mission in your current country of residence. You will find the local contact here: http://www.make-it-in-germany.com/en/for-qualified-professionals/visa/local-contacts. General information on visa process are available on “Make it in Germany”: http://www.make-it-in-germany.com/en/for-qualified-professionals/visa

Please note that there are 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 (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) for the purpose of self-employment. To obtain this permit, you will need to fulfil a number of general criteria 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.

There are many ways of setting up your business. You can set up a business by yourself, do it in a team up with others or acquire an existing company. Here you will find first information on the different forms of setting up a business: 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. Furthermore, you will find helpful advices on financing and funding on “Make it in Germany”: http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/financing-and-funding

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”, you will find the contact information of regional and national information centers for entrepreneurs with a migrant background (https://www.existenzgruender.de/DE/Service/Beratung-Adressen/Linksammlung/Gruender-innen-Migrationshintergrund/inhalt.html). 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 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

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.
November 2017

Notice of the editor:

• English version of the business start-up portal
  
• Germany Trade and Invest: Investment Guide to Germany
  
• German Federal Central Tax Office: Foreign Investors Help Desk