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I have a master in mechanical engineering and I had in Syria a company for trading, training, installing, maintenance machines and production lines - especially CNC machines. I had imported many machines from China and sold them in Syria, KSA, Algeria and so on. My clients are all over the world and I am now in Germany as a refugee. I need to know, how I can start in Germany for a small company or office to continue my job because I have clients, resources and experience. I need only your advice, how I can start here in Germany and to know more about the law.

Antwort

With a residence permit according to § 23 Abs. 2 AufenthG you are permitted to work self-employed in general. With a residence permit according to § 23 Abs. 1 AufenthG to become self-employed, you must apply for a permit to pursue an independent employment at your competent foreigners' authority (source: www.nds-fluerat.org). In this case please contact your competent authority (Ausländerbehörde).

Furthermore: 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 (www.make-it-in-germany.com) 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: www.make-it-in-germany.com

Step by step information regarding setting up a business in Germany is available on the website "Make it in Germany": www.make-it-in-germany.com

Besides, there are many public information centres 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 centres for entrepreneurs with a migrant background (www.existenzgruender.de). A general contact list is available on the Startup Portal (www.existenzgruender.de). Similarly, the Authority Finder will also tell you about your nearest information centre (www.existenzgruender.de).

Keep in mind that for setting up your own business, a sound knowledge of German is very important. Even as you prepare your business, you will find that many official documents are available in German only. If your German isn’t good enough yet, you should make sure to take a language course before you set up your business (www.make-it-in-germany.com). Some advanced courses have a special focus on the business world.

Source: Justina Alichniewicz
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
Oktober 2016

Notice from the editor:

• English version of the business start-up portal