If you plan to start a business in Germany to obtain a residence permit, we are your reliable partner. With our comprehensive expertise in immigration and business law, as well as years of experience in the application process, we support you every step of the way. We assist you in applying for your visa and handle all inquiries with the relevant authorities, allowing you to focus on what matters most – your business.
We handle communication with the German embassies and consulates as well as the relevant immigration offices on your behalf. Additionally, we coordinate the necessary steps with other relevant institutions such as the Chamber of Commerce (IHK), the trade office, or the appropriate registry courts involved in setting up your business.
When establishing your business, we work with experienced tax advisors, notaries, and business experts to create a viable business plan. This professional support ensures a successful start for your business in Germany.
While EU citizens enjoy the right to freedom of establishment in Germany, starting a business for non-EU citizens comes with specific requirements. To establish a business, you will need either:
Non-EU citizens can apply for a residence permit for self-employment if they are:
A residence permit under § 21 of the Residence Act is granted if the following conditions are met:
In some cases, a residence permit may also be granted if significant investments are made (e.g., starting at €250,000) and jobs are created. The Chamber of Commerce (IHK) may provide an opinion on this, but the final decision rests with the relevant authority.
The residence permit for business establishment is initially granted for three years. Upon successful business operation, it can then be converted into a permanent settlement permit. Depending on the business performance, an unlimited residence permit may be issued after 2, 3, or 5 years.
The review of the requirements for a residence permit is conducted by the responsible German embassy or consulate in the applicant’s home country. The local immigration authority is involved in this process, which in turn consults expert institutions such as the Chamber of Industry and Commerce (IHK), the Chamber of Crafts, as well as other relevant authorities.
The following documents must be submitted to the embassy or consulate:
1.Business Plan:
2.Curriculum Vitae
3.Proof of Qualifications:
4.Proof of Cooperation:
5.Managing Director’s Contract (if it is a corporation)
For GmbH, UG, or AG:
The business plan is a key document for foreign entrepreneurs applying for a residence permit in Germany. It provides a comprehensive description of the business and covers essential areas such as finances, marketing, products, target customers, and potential risks.
A well-structured business plan is crucial to demonstrate to German authorities that the applicant has a clear, realistic, and sustainable business concept. It shows that the entrepreneur has the necessary skills to successfully manage the business while considering the German market.
Moreover, the business plan helps the entrepreneur prepare for the business start-up and daily operations in Germany. A professional business plan can also convince investors and potential business partners to invest in the company or enter into collaborations. This underscores that the business has realistic growth potential and has been thoroughly researched.
The business plan should cover the following aspects:
Starting a business in Germany is a complex process, and creating a business plan is just the beginning. It is necessary to register the company with the relevant authorities, such as the tax office and the trade office, and the Chamber of Industry and Commerce (IHK), and depending on the legal form, a registration in the commercial register may be required.
Choosing the legal form of your company is a crucial foundation for the success of the business. However, it is important to always keep in mind that the optimal legal form at the time may become disadvantageous due to later developments, such as expansion or higher liability risks. Therefore, you should regularly review whether the chosen legal form is still appropriate or whether an adjustment would be necessary.
If you need advice and representation, feel free to contact us at 0221 – 80187670 or send an email to info@mth-partner.de.