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Business Immigration
Business Immigration
At a glance
Business immigration refers to all topics related to founding a company, taking it over or taking up work by foreigners in Germany. This complex, which is often difficult for outsiders to understand, combines the most diverse aspects of immigration and commercial law. Especially in view of the lack of skilled workers in Germany, which is repeatedly lamented, this topic is becoming more and more important. Below you will find an initial overview of the most important issues.
The most important facts in a nutshell
- Germany is not only attractive for employees from abroad; a large proportion of the company start-ups are also foreigners
- As a rule, foreigners need a residence permit to take up self-employment or employment
- In some cases, you also need the approval of the Employment Agency to start work (so-called work permit)
- To set up a company, you must prove, among other things, that there is a need for your company in Germany
Business Immigration
On the one hand, the topic of business immigration deals with all questions relating to foreigners taking up employment in Germany. On the one hand, this is important for employers who want to employ foreigners who are already living in Germany. On the other hand, in many sectors there is a growing need for foreign skilled workers who are supposed to come to Germany precisely for the purpose of taking up work.
In addition, business immigration also deals with the question of how foreigners can found or acquire companies in Germany. Both sets of topics - i.e. both self-employed and employed activities - are associated with many questions for foreigners or potential employers.
Germany as a business location
Germany is considered an attractive business location for foreign founders, investors and employees. The comparatively good infrastructure facilitates investments and the establishment of new companies. In addition, the Federal Republic, as the largest economy in the EU and an important economic hub, is also the most important market in Europe.
There are also good starting conditions due to the wide range of opportunities in innovation and research:
As a result, Germany regularly takes the top spots when it comes to patent applications. The Federal Republic is also known for its largest industry - the automotive industry. However, other sectors, such as the chemical industry or the electrical engineering sector, are also important business sectors.
In particular, the well-trained employees and the secure framework conditions make Germany attractive for foreign founders and investors.
But Germany also offers many advantages for foreign workers:
High living standards and good employee protection ensure a safe working environment. With all these good starting conditions, Germany is still dependent on foreign founders and employees:
The shortage of skilled workers, which has been growing for years, makes it easy for employees to enter the labor market. New companies are also founded disproportionately often by immigrants. The proportion of business start-ups by migrants in the years 2013 to 2018 was around 21% of all business start-ups.
So there are many chances and opportunities for foreigners to be successful as founders or employees in Germany
Which residence permit do I need?
Foreigners generally need a residence permit to stay in Germany. However, not all residence permits allow you to take up gainful employment. The most important residence titles with which gainful employment can be taken up are the residence permit, the settlement permit, the ICT card and the Blue Card.
However, all of these residence permits are subject to different requirements. For example, the Blue Card is a special residence permit for skilled workers or the ICT Card is a residence permit for the internal transfer of skilled workers. The settlement permit, on the other hand, is only granted after a long and successful stay in the Federal Republic.
An exception applies to foreigners from the European Union:
These enjoy freedom of movement for workers throughout the European Union. That means they can work in Germany like German citizens. This also applies to foreigners from the European Economic Area (Norway, Liechtenstein, Iceland) and Switzerland. A residence permit is then not required. However, if they stay longer than 90 days, they must register according to the registration law of the respective federal state.
When do I need a work permit?
In some cases, the approval of the employment agency is required for the granting of a residence permit to take up employment.
Approval from the Employment Agency is given if
- your employment is permitted for you,
- You have a concrete job offer
- and you work under conditions that are comparable to the conditions for German employees.
How can I start a business?
You also usually need one to set up a company in Germany
Residence permit. Under certain conditions, a residence permit can be issued for this purpose
to take up self-employment in accordance with Section 21 of the Residence Act.
For foreigners from the European Union, the European Economic Area
(Liechtenstein, Norway, Iceland) there is also an exception to this obligation. You can
found a company in Germany like a German citizen.
For a residence permit to take up self-employment, under
the following conditions must be met:
- There must be an overriding economic interest or a special regional need for your activity,
- the activity must be expected to have a positive impact on the economy
- and the financing of the implementation must be secured.
Please note that in addition to the residence permit, you also need the general requirements for starting your work. Many jobs are subject to certain qualification requirements. However, this includes not only doctors or pharmacists, but also many craft trades within the framework of the so-called master craftsman's duty. Please note that not all foreign professional or academic qualifications are recognized in Germany. In addition, it must be determined which legal form your company should have. Here it is important to keep an eye on all tax and economic aspects and to find a solution that is tailored to your individual case.
Can I take my family with me?
A frequent question for foreigners who come to Germany for professional reasons is the possibility of family reunification. Whether a foreigner living in Germany can join his family depends on various requirements. As a rule, you have to prove that your relatives are supported in Germany and that they will have enough living space. In some cases, proof of language proficiency must also be provided by your relatives. However, there are also discounts in the area of family reunification, particularly within the framework of certain residence permits (Blue Card). Otherwise, family reunification is essentially possible for underage children and spouses of the foreigner.
Short & sweet
Many people would like to come to Germany to work or start a business. However, you have to meet some high requirements for this. As a rule, you first need a residence permit. For a stay for the purpose of self-employment or employment, a residence permit, a Blue Card, ICT card or a settlement permit must be applied for. In some cases, the employment agency must also agree to the foreigner taking up work (so-called work permit). There are also a few things to consider for foreigners who want to set up a company in Germany. First, you must meet all the qualifications for the profession. This can be complicated in individual cases, since not all foreign professional qualifications are recognized in Germany. In addition, you must prove that there is a need for your company, that your activity can be expected to have positive economic effects and that the financing of your company is secured