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Starting a Language and Cooking Institute: Formalities? Employee from India?

Frage

I am currently working as a freelancer (English trainer and cooking instructor / VHS and private). I am a registered IHK-member and I wish to start my own language and cooking institute. I wish to expand my business and eventually hire an employee/partner from India. My husband has a German citizenship and I would also be applying for the same this year. My queries: 1. What legal formalities do I require to start my own institute? 2. How can I hire a person from India for my institute (Indian cooking expert)? 3. Do I need a registered place or can I just make a portal for the service?

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.

As a spouse of a German partner, you are entitled to take up any kind of employment in Germany - this includes self-employment. Therefore, you can start your own business without any problems. Read more

Please note, that in Germany, there are two ways of setting up a business: You are either self-employed (“Gewerbetreibender”), or you are a freelancer (“Freiberufler”). Teaching a language is generally based on a teaching activity and thus on a freelance profession. However, this is different if your activity is limited to the management (for example of the language school or a teaching program) and the teaching activity is carried out exclusively by employees. In this case, a commercial activity must be assumed, so that you will be working as a self-employed entrepreneur (“Gewerbe”). Being self-employed or a freelancer makes a difference with regard to certain formalities and has an impact on your company’s legal structure. To register as a self-employed entrepreneur, for example, you will need to contact your local trade office (“Gewerbeamt”). Read more

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 and setting up a business plan for your enterprise. Moreover, you will also need to consider personal coverage, taxes, laws and contracts that might be important for you while setting up a business.

In Germany, there are many public information centres, which will give you advice as you set up your own business. On the Startup Portal you will find the 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 also tell you about your nearest information centre.

Furthermore, if you would like to hire a professional from India you will have to deal with a number of things, like the rules on the visa requirement or the recognition of foreign qualification. Please read detailed information on hiring professionals from abroad on our website “Make it in Germany - for businesses” or in our guideline. This guideline contains a concise explanation of all legal regulations concerning the employment of skilled professionals from third countries.

Please note additionally, that new provisions of the Skilled Immigration Act improve the employment opportunities for qualified internationals from third countries. Professionals will now not only be defined as university graduates but also as employees with qualified vocational training. They can work as a professional in an occupation that matches their acquired qualifications. Furthermore, there are some special rules for hiring “Speciality chefs”. Read more or contact directly the department for speciality chefs at the Federal Employment Agency, Tel.: 0228 713-1511.

We hope you find the information useful and we wish you all the best for your future plans.

* Important 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. Please note that due to the current pandemic situation German authorities and public institutions may only be accessible to a limited extent. Special regulations on entry and residence may apply and may change on short notice. Read more

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

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