Hi All,

The Work Permit is the permission that lets us work for that company. Residence Permit is allowing us to stay.

If the residence Permit says that this is allowed only for IT Jobs and does not mention any company name, we can work in another company, if we want to leave the current company, provided we get a work permit for that. And all these applies to IT Jobs, and this doesn not need a change in the residence permit if we work in the same city and also if you live in the same house then there is no change that is needed in the Auslanders Amt.(Guys Correct me if i am wrong).

Now.. I tried to start and setup a firm here and i went for the Company registration and they say that GC's are not allowed to setup their firms here.

What is this now?. So Do i need a permission from Arbeitsamt to setup this firm?.I will continue my Current Job, but setup a business so that it would employ some one else.

Now the Question is , is this possible?. Their Law is incomplete. It does not state that you can only work 8 hrs a day and that too only for this company or some other company.What if i want to invest 4 hrs a day for a intrst of mine that would end in a company or what so ever.

Please let me know your Suggestions.

Hi

"If the residence Permit says that this is allowed only for IT Jobs and does not mention any company name, we can work in another company, if we want to leave the current company, provided we get a work permit for that. And all these applies to IT Jobs, and this doesn not need a change in the residence permit if we work in the same city and also if you live in the same house then there is no change that is needed in the Auslanders Amt.(Guys Correct me if i am wrong)."

This is all correct what you have written here but how did you conclude that you have the right to start your own business from these sentences ? starting your own business IS NOT working for another IT Company.. so it is explicitly stated in the residence permit of the GC that self-employment is not permitted (mine explicitly says that, look at also yours carefully )

First you have to have Auslaenderbehoerde remove it from your residence permit and this is not as easy as it sounds.. this has been discussed here and we have some successfull GCs who have done that.. (you may check it with IHK, Auslaenderbehoerde etc)

here are the success stories:

http://www.trust7.com/en/living_in_germany

Regards

Lacrima

Thanks Lacrima,

I was aware of that, but the Basic Question. I dont want to change my Visa, but i want to appoint some one else who will take care of this. Why is that i cannot do both. It is just a matter of bureaucracy.

I am sure it would turn out to be Egg First or chicken situation and i wouldnt want that.

Let me tell you the practical Problem.
I have a Good Cocept and Idea and so i want to start this and see how it goes in two years, if it works out fine, i will get into that, else i will crap it and that is the reason i dont want to change my Visa Status.

any ways, it looks like i better start the same business in my home country and check out the prospects.The Industry and Economy will never grow untill people venture out and this is the exact problem here.

I am sure that this is not the case in US. Anyways i wouldnt ever want to go there so i will have to live with this.

SUPO I could try to give you an answer but better not.
What you need is lawyer and not any lawyer, but one specialized on opening company area and Ausländer Visum also.

Exactly, I am looking for a lawyer.

Since Green card holders can only do IT Jobs and are treated same like the locals here in Germany, i have this proposal and let us see if Arbeitsamt allows this.

Guys, Just comment if you have any suggestions or opinions.

I would like to reduce my working time in my company from 40 hrs a week to 30 hrs a week and the rest 10 hrs i want to work for my 2B company and if Arbeitsamt allows this, then Foreigners Amt has to issue a Corresponding type of VISA. I dont know if that exists.

But any one has ideas or suggestions let me know.

Let me know if you know any lawyers specialised in this corner.

SuPo

HI SuPo,

First of all, my best wishes for your plans to form a company here in Germany. I read that you already have gone thru' the 'success story' thread on this Site. A few GCs have already started their companies successfully here. So, basically, there is not much to add. Just a few tidbits just because your case is a bit different as described by you.

You say, "Since Green card holders can only do IT Jobs and are treated same like the locals here in Germany, i have this proposal and let us see if Arbeitsamt allows this"

Yes, GCs are treated the same way like the locals with a difference : GCs need an Arbeitserlaubnis from Arbeitsamt, and locals do not. GC's Arbeitserlaubnis bases on a few facts like a minimum Monthly salary. So, according to your plan, if you work for your present company for 30 Hours a week, then what about the reduction in salary? And would it mean a salary below the prescribed monthly salary for GC's? Do you want to change the contract with your present company after informing Arbeitsamt or without? What would be correct, is to inform Arbeitsamt about changing contract with your present company. If Arbeitsamt agrees to change your contract with your present company, it would be great. And the key in this case is IHK. If they approve your plan, you are through.

Please inform how it goes.
Best wishes.

Guys,

Correct me if i am wrong.

The Salary Requirement applies only if you are not Qualified.
I remember having read that some where, but here is a link which says this.

http://www.magrath.co.uk/Content/immigration/Germany_Factsheet.cfm


Text from the link above:
Exceptions

Green Card Programme

The IT-specialists Temporary Relief Programme was launched in March 2000 in order to grant top foreign IT-specialists access to the job market in Germany. IT-specialists in the information and communications technology sector are needed e.g. software and multimedia developers and programmers, circuit and IT-system developers, IT consultants and systems, Internet and network specialists. In order to qualify for the programme, the computer specialist must have a bachelors or masters degree or the employer must guarantee to pay a minimum annual salary of 51,130 Euros.

Any ways, i am on the Job and this will take some time, but if we get some advantage due to the INDUCTION of the Immigration law, may be it will be good. I havent got a chance to get the draft, but in all means a Good Lawyer and a Good Tax Consultant are required in this Case.

Please let me know if any one has suggestions.

Bye.

"so it is explicitly stated in the residence permit of the GC that self-employment is not permitted (mine explicitly says that, look at also yours carefully )"

Not necesseraly. in my residence permit it is stated: "Nur gültig für eine Tätigkeit gemäß gültiger Arbeitsgenehmigung nach der IT-ArgV". Now tell me please, where it is said that self-employment is not permitted? and accordingly to their own instructions (AuslG-VwV), officials have to write it explicitly when self-employment is not permitted. what is not prohibited, is permitted ...

the only one problem would be to get a "gültiger Arbeitsgenehmigung nach der IT-ArgV", just because officials would not know what to do with such an application. but it is their problem, not mine or? i just need to make sure that i am self-employed "nach der IT-ArgV", but if i start my own company, who can prohibit me to write in statute that i am a general manager of a company, who is responsible for IT-branch as well?

Hello,

Please excuse the interruption. I am a Wall Street Journal reporter working on a story about the upcoming German immigration law and would be interested to know if anyone would like to speak to me about their experiences. I am particularly interested in speaking to people who came to Germany under the special visa program in the past few years.
If I posted this message to the wrong place, please let me know the right place.
Thanks,
Jabeen
jabeen.bhatti@wsj.com or 01728122363