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I am a master student in Germany in international business. I would like to open a fresh business related to gastronomy. It is our family business in Pakistan and I was engaged in it from last year. I am confident, that I can do it and introduce new Asian menu here in Germany. I need you guidance in the procedure to convert from student to work visa.

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.

Please consider the following options to set up a business in Germany:

• Setting up a business while studying
  Before starting your own business, you should clarify if your residence status allows you to do so. As a foreign student in Germany, coming from a Non-EU country, you hold 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 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 self-employed activity needs to be authorized by the foreigners’ authority (“Ausländerbehörde”). 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)

• Setting up a business after graduation
  As a graduate of a Germany university, you can run a business or work as an independent professional.

  Setting up your own business: In order to set up your own business in Germany, you need a residence permit allowing you to exercise a self-employed activity (“selbstständige Tätigkeit”) (Section 21 Act on the residence - AufenthG). You can apply for this at your local foreigners’ authority. Read more

Working as an independent professional:
If you want to be self-employed in one of the liberal professions (freie Berufe), apply for a residence permit that will allow you to exercise this kind of activity (Section 21 Act para. 5 on the residence - AufenthG). To do so, you will usually need to supply your CV, your final examination diploma of your studies, a description of the activity you intend to take up and a financial plan. Read more

Further notice: As a third-country national, you need a certain residence title in order to be able to work full-time as a self-employed person in Germany. This can be either a settlement permit or a residence permit for the exercise of self-employment (§ 21 AufenthG.). Please discuss whether a change of residence title from § 16 AufenthG to § 21 AufenthG is possible and advisable for you with your foreigners’ authority.

For first individual advice regarding visa issues, you can also contact the “Hotline Working and Living in Germany” on the following number +49 30 1815 – 1111. The hotline offers personalized advice in German or English and is free of charge.

We wish you all the best for 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 and residence permits. For further questions, please contact directly the respective authority.

Reference: Justina Godesberg
Projekt „Make it in Germany“
Institut der deutschen Wirtschaft Köln e.V.
August 2020

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