Establishing a GmbH company in Germany, creating employment and obtaining a residence permit
Company establishment in Germany by foreigners from third countries outside the European Union (EU)
How this is possible and what should be considered are summarized in ten steps for you.
Residence permit in 10 steps
You do not use the ambassador in your home country to enter Germany to set up your own business and business for your country.
Entering Germany with the right visa to start your own business activities – Alternatively: set up a GmbH in Germany by a person you trust or buy a functioning company.
After entering: Apply for an extension of a 1-3 year residence permit in accordance with § 21 AufenthG, through a personal interview with the immigration authorities and submission of the following documents:
NS. Health insurance coverage (private insurance solution).
ii. Notary articles of association, business plan, financing plan, earnings estimate, curriculum vitae, certificate of professional qualification, certificate of incorporation, list of shareholders, registration / registration in the trade registry.
iii. From 45 years old: Proof of payment for statutory or private pension insurance – sufficient reserve required for age.
iv. Rental agreement – location.
The immigration authority then asks the local Chamber of Industry and Commerce for an assessment of the overall project based on the business plan.
The company founder is then asked by the Chamber of Industry and Commerce (IHK) to submit a capital and financing plan, a business plan and entrepreneurial experience, impacts on education and employment status, and contribution to innovation and research. The immigration office needs the opinion of the Chamber of Industry and Commerce (IHK) about the business idea and includes it in the residence permit decision, but is not dependent on it.
NS. Registration with the Civil Registration Office (does not need to be at the registered office of the company).
ii. Establishment of the articles of association and notarization, together with the establishment of the certificate of incorporation and the list of shareholders.
iii. Registration with the Chamber of Commerce and Industry (IHK) at the place of establishment of the company.
iv. Opening an account with an initial deposit of at least €12,500 to a business account, ideally via a personal visit to the bank (due to money laundering law, banks are now subject to stringent requirements for customer reviews).
v. Applying for a business account. The Money Laundering Act and Bafin's special requirements for account registration by foreigners are at issue here.
vi. Registration in the commercial register.
Continuation of company account in case of takeover
Registration in the commercial register
Registration with a list of management and shareholders, if any, at the Finance/Tax office at the company's headquarters.
Examination of pension insurance exemption.
Commercial registration at the responsible trade office.
After three years of successful activity at the earliest, an unrestricted settlement permit can be granted upon application to the immigration authorities.
Unification of family members in their fate