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I am currently student in Germany (I have a student visa) and I would like to know about the possibilities for starting up my own company in Germany. Is this possible? And what would be the requirements and/or limitations for this?

Antwort

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 are a foreign student in Germany, you are holding a residence permit for the purpose of studying according to § 16 Residence Act. If it is so, 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 an 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 https://www.uni-bonn.de/studium/studium-in-bonn-fuer-internationale-studierende/betreuung-auslaendischer-studierender/pdf.dateien/arbeitsmoeglichkeiten-fuer-ausl.-stud.-2012)

For personal advice, you can also contact the hotline “Working and Living in Germany” (http://www.make-it-in-germany.com/en/for-qualified-professionals/about-the-portal/contact/hotline) under the telephone number +49 30 1815 – 1111.

More 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

Source: Justina Alichniewicz
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
Januar 2018

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