I am from Brazil and I want to start a GmbH. I am in Germany. I want to do 2 German language level now in Germany and get resident for 7 months for that. Is it legal to run my business, while I am studying German? Can I apply for self-employment visa after I improve my German language here in Germany? Can I pay my self-salary from my German company?
Thank you for your inquiry and your interest in setting up a business in Germany. Please note the following information regarding your residential status, if you do not have an indefinite residence title ("settlement permit”) in Germany.
As a citizen of Brazil, 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”).
To obtain a residence permit for the purpose of self-employment, several criteria need to be fulfilled. This depends on whether you work as
Being self-employed or a freelancer makes a difference with regard to certain formalities and has an impact on your company’s legal structure. Here you will find out more about the two different ways of setting up a business.
To obtain a residence permit, you will need to fulfil a number of general criteria and the following additional requirements:
Moreover, to work as a self-employed professional the same conditions apply as for Germans. Please find out about these regulations.
Therefore, we highly recommend you to clarify if your current residence status enables you to start a business in Germany - and if it is possible for you, to change (afterwards) your current residence permit into a residence permit for the purpose of self-employment. Please contact your foreigners’ authority (“Ausländerbehörde”) on this case. For a first personal advice according your residence status you can also call the Hotline “Working and Living in Germany” under the telephone number +49 30 1815 – 1111. The service is provided in German and English and is free of charge.
Besides, there are many public information centres, which will give advice 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).
For further Information regarding setting up a business in Germany, please visit the Website "Make it in Germany".
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.
Reference: Justina Godesberg
Projekt „Make it in Germany“
Internet: www.make-it-in-germany.com
Institut der deutschen Wirtschaft Köln e.V.
Februar 2020
