I will be a university student in Germany studying communication and information engineering. I have a business idea and I want to build my company while I am studying. I have few questions regarding the VISA and permit for starting a business as a student. Am I eligible to start a business with a resident permit as a university student?
Thank you for your inquiry and your interest in setting up a business in Germany.
www.make-it-in-germany.com provides international professionals with information on working and living in Germany. Detailed information on studying (http://www.make-it-in-germany.com/en/for-qualified-professionals/training-learning/study) or setting up a business (http://www.make-it-in-germany.com/en/for-qualified-professionals/working/setting-up-a-business-in-germany/visa-for-self-employment) are also available on “Make it in Germany”.
Before starting your own business, you should clear up if your residence status enables you to establish such an activity. Since you will be a foreign student in Germany, you will be holding a residence permit for the purpose of studying according to §16 Residence Act. In this case, you are allowed to work 120 full or 240 half days during the year (http://www.make-it-in-germany.com/en/for-qualified-professionals/training-learning/study/five-steps-to-studying-in-germany/settling-in) without the need for approval by the competent authority, the Federal Employment Agency.
Taking up a self-employed activity while studying in Germany is also possible under the Residence Act (§ 21 (6) Aufenthaltsgesetz). However, the foreigner’s authority (“Ausländerbehörde”) must authorize the self-employed activity separately. The work must not hinder the success of the study. It should therefore be within the time limits for a dependent employment (this means 120 full or 240 half days). If you want to start a full-time self-employed activity, you will hardly get an approval. (Source: BMI, BAMF, DAAD)
For personal advice, you can also contact the hotline “Working and Living in Germany” under the telephone number +49 30 1815 – 1111.
We wish you all the best for your future plans.
Source: Justina Alichniewicz
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
Oktober 2017
