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Visa Questions

GMBH / LLC required for short term contracts when on BE? / What is EG / Bes

Umschalten
I have spent about 4+hours on the site and I have some open questions. It would great for me if someone could comment on below,

I have received this on my new visa
"Unselbständige Beschäftigung gestattet Selbständige Tätigkeit nicht gestattet."

I came on the green card in 12/2004, had a company dependent visa, and worked for three years with them. Now, I asked for non company dependent visa and I received the above.

1- I am considering setting up a UK LLC or GMBH company, and work for this company. This company would be able to get consulting working, and pay taxes. Additionally, I would get salary from this company and pay personal taxes. Does this sound correct / legal according to my new visa?

2- I have to set up this company since it seems that I cannot work as a free lancer at this time. Is this correct / required?

3- I am considering leaving my current firm - there is one month notice and it is a limited contract. Can anyone tell me what is an amicable situation for both the company and myself to end this relationship?
Should I give a notice or should the company just say that there are extraordinarily circumstanses etc. I am not looking for any trouble for either party. what is the normal procedure to end the job.

4- What is the requirement for EG visa, and can I try to get it with my current three year work in germany? Would it give me any benefit / what is EG good for?

Thanks for the help.
0 (0 Stimmen)

Well, i think this is one of the cases where you probably need to talk to an immigration lawyer.

AFAIK, it might be possible to do 1), but the main obstacles could be that a) the ABH / (or the Handelskammer) object to your employment as director of the company , 2) that the ABH argues that you are perfoming a contract with yourself, 3) that after a while the Finanzamt decides that you are Scheinselbstaendig or 4) that during the registration in Germany someone demands a Niederlassungerlaubnis and it could take a while until they are convinced otherwise.

2) Yes, the alternative is to negotiate with the ABH directly to get a visa to be Selbstaendig.

3) The best is to offer to give the 1 month period. But be aware that starting a fully operational legal company in Germany (specially a GmbH) has a number of steps , as there are a number of formalities (Detlef can help you with this, though).

4) EG removes the bind to the employer in your visa, so if i read correctly you might already have it.

I can email you some info if you are interested.

Cheers,
-a
0 (0 Stimmen)

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