I am a non-EU student at a University in Germany pursuing a master in international business and sustainability management. I want to start an online business to groom my business skills, which I have learned in my educational career. The business will be a partnership business between me and another student. In this regard, I need guidance from the legal point of view. Do we need to take a special permission? How to register our business? Do we need to take permission for GDPR and how?
Thank you for your inquiry and your interest in setting up a business in Germany. “Make it in Germany” provides international professionals with information on working and living in Germany.
Detailed information on studying or setting up a business are also available on “Make it in Germany”.
Regarding your residential status please consider the following:
Before starting your own business, you should clarify if your residence status allows you to do so. Since you are a foreign student in Germany, you are holding a residence permit for the purpose of studying according to §16 Residence Act. With that permit you are allowed to work 120 full or 240 half days per year without 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 self-employed activity needs to be authorized by the foreigners authority (“Ausländerbehörde”) separately. The work must not hinder the success of the study, so you won’t get an approval if you want to start a full-time self-employed activity. (Source: BMI, BAMF, DAAD)
For further information, please try out the Quick-Check on “Make it in Germany”. For personal advice regarding visa issues, you can also contact the Hotline “Working and Living in Germany” under the telephone number +49 30 1815 – 1111.
Even if you cannot wait to start your business activities, it is important to take your time and prepare adequately. For example, focus on drawing up a schedule. Setting up a business plan for your enterprise will help as well. Banks, for example, will use the business plan to assess whether you are a suitable candidate for a loan.
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 contact data of regional and national information centres for entrepreneurs with migrant background.
A general contact list is available on the Startup Portal.
Similarly, the Authority Finder will tell you about your nearest information centre.
Keep in mind, as you are operating in Germany, a good command of the German language is important. When preparing to set up your business, you will learn that many official documents are available in German only. If your German is not good enough yet, you should take a language course before you set up your business. Some advanced courses focus business German.
For further Information regarding setting up a business in Germany, please visit the Website "Make it in Germany".
* Please note that “Make it in Germany” do not issue or support any visa application even if you may be qualified for that. The information presented on Make it in Germany 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
Kompetenzfeld Bildung, Zuwanderung und Innovation
Projekt „Make it in Germany“
Februar 2020
