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Non-EU student: Starting a Company in Germany?

Frage

I am a Non-EU student enrolled in a master’s program for Entrepreneurship & Sustainable Innovation. I wanted to start my own company, but after going through your website, I have the impression, that it is not possible based on my current residence permit status. Could you please clarify, whether it is possible to start a company in Germany, while still being a student?

Antwort

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”.

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 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 foreigners’ 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. The service is provided in German and English. You can also get in touch with “Berlin - Partner für Wirtschaft und Technologie” contact to learn more about start-up a business and funding in Berlin.

More step by step information regarding setting up a business in Germany are available on the website "Make it in Germany".

We wish you all the best for your university career and your future plans.

* 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 Alichniewicz
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
Mai 2019

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