Dear Trust7 members,

hello...

I am here in Germany since June 2004. On March 2008, I got new visa according to AufenG §18 with the titel as below:
"Beschäftigung jeglicher Art erlaubt"

One of my friend wanted to shift his business to my name. We went to Gewerbeamt (kassen und steuer)to verify wheather they can register business on my name. The lady at the office told that I am allowed to do selbständige and she registered the business on my name according to the law §14 GewA 1. I was asked to pay fee of 22 Euros and she issued me Gewerbeschien.


I told her that maybe I am not allowed to do selbstandige and later on I get some problems from Ausländerbehörde, but she insisted that I am allowed to do business in Germany.

Now my questions are:
1) I do not hold NE (but only BE jeglicher Art), Was it according to the law.

2) Do i face some problems from Ausländerbehörde in future like stafe or bußgeld or cancellation of my visa.

3) Should i ask the Ausländerbehörde about it (to verify it)

4) Or i should hire some lawyer.

Waiting for your expert advice on the matter.

Regards,

Riko Dost

Hoping for comments from experienced members like Detlf, Nobody, lacrima, Raj and Akshay.

Regards

BE is not sufficient, at the least you should have EG to do that. But if the lady registered the business in your name then it is not your problem. At the worst they may take it back by informing you that they have made a mistake. Keep it quiet and continue as if nothing happened. Strafe or Bußgeld should not be a problem as you did not lie or give false documents anywhere.

@RikoDost

Well, someone forgot to put "Selbständige Erwerbstätigkeit nicht gestattet" in your visa:-)

Which means you have no restriction in doing business in your name.

There is the distinction between "Beschäftigung" and "selbständige Tätigkeit".

Your BE "Beschäftigung jeglicher Art erlaubt" has been issued correctly.

It is not tied to a particular employer but rather allows you to choose your employer without prior approval by the Ausländerbehörde/Arbeitsagentur.

Carrying out a business, however, is not "Beschäftigung" but "selbständige Tätigkeit".

This is not covered by your residence title.

To avoid possible recission of your residence title you should consider to deregister the business on your name( "Gewerbeabmeldung" ).

rechtsanwalt_jain@yahoo.de

@vakalat

It really doesn't matter. Since there is no mention of "selbständige Tätigkeit" in his visum, there is no way to conclude if it is not allowed.

Furthermore, the lady at Gewerbeamt had already seen the visum and she approved the Gewerbeanmeldung. It is her job to make sure if he is entitled to a Gewerbeschein or not.

Do you really want to go and tell her that she made a mistake? ;-)

@Raj, Akshay, Vakalat

Thanks for the supportive comments.

Today I went to steuerberater for consultation and he told that i am allowed to do selbständige work as selbständige has not be explicitly verboten on visum. He further told that if lady at gewerbeamt has issued Gewerbeschein accorfing to GewA1 § 14 then I could not be problem because she accesses the computer of ausländerbehörde before issuing this gewerbeschein.


On the day when I went for gerwebeanmeldung the lady at the office had accessed the computer of ordnungsamt and got all information about my address and visum from that computer.

I am worried because on May 2009, I will be entitled to get NE (the ausländerbehörde told me last time March 2008 when I got BE). I do not want to make any mistake at this time that could affect chances of getting my NE.



Hoping for further comments on the matter.

Regards

All of us who have replied have said that it is not a problem. If you still confused then contact a lawyer and it will not cost more than 150 Euros.

as you are not restricted to do selbständig and the authority of the Gewerbeamt issued the permission, you have nothing to get worried. what you should do is just get rid of unnecessary thinkings.
relax and give thanks to your luck for getting the stuffs easily.

be happy!

mk

As per advice from Raj I had gone to rechtsanwalt for consultation of my case. After thorough study of my case he told me that you are not allowed for selbstandige. In tern he told me to contact auslanderbehorde and ask them straightforward by explaining my situation.

I went to auslanderbehorde last week and told them about gewerbeanmeldung. The beamter told me that you are not entitled to to selbstandige so you should do abmeldung of gewerbe. but they did not give me any warning in written neither did I received any warning letter from auslanderbehorde till date.

Can you please advise me what should I do now ?

should I do gewerbe abmeldung or should wait for warning letter from aulanderbehorde and fight in court.

Regards

@rikudost

Are you allowed to do freelancing with you current BE?

Hello raj, Akshay, Nobody, detlef and other expert members,

please reply my query, i am in tough situation. i need your expert advice in this matter.

regards

@rikudost

What do u expect from us?? Do what the Lawyer asks you to do. Thats why i suggested talking to a lawyer in the first place.

If you get into problem just because you wanted to help you friend then you self is responsible for it.

If you dont mind me asking, why does your friend want to transfer his business into your name?? Do you realise if something goes wrong with the business you will be held responsible?

@raj

you should stop making wild guess about the personal sitation of others. If you can not reply in positive way then you should prohibit from taking the posted question in raw form and giving your negative views. Hope you got what i meant.

Good day

>>you should stop making wild guess about the personal sitation of others. If you can not reply in positive way then you should prohibit from taking the posted question in raw form and giving your negative views. Hope you got what i meant.

Excuse me.... are you for real...

So can you explain where i am giving my negative views or am i blind?

Well i care shit about if you want to help and friend and get into problems because of that. I tried to be helpful pointing out the pitfalls thats all.

@raj

i did not mean to heart you. I just pointed out that instead of answering my query, you started thinking about problems that can come (thats in negative sense). Anybody who thinks about starting business already knows pros and cons of running business. Anyways forget about it.


I am expecting some feedback from you for my last reply. friends again !!!

Have a nice day.

@rikudost

See, i never mean to be rude but you are not understanding my point.

1000 people will say positive things you want to hear but very few will say about the pitfalls.

You are taking a risk with your friend, risk because i dont have a clear picture why your friend wants to change the company to your name. So i warned accordingly.

Finally you have to trust the Lawyers and not us. They know the law and intepret accordingly. We are just amateurs talking from experience and sometime guessing. If a lawyer says it is a risk then back off from helping your friend because it can only get worse for both of you.

I had visited AB yesterday for visa extention (BE) and also asked them about "selbständige tätigkeit", "Gewerbeschien" possibilities for BE holder (§18 AufenthG)
They told me these steps...

1. One needs to go to AB and needs to fill the form for Gewerbeschien/Selbständige tätigkeit, supportive documents needed - depends on what you want to do - letter of intent for your new business, or dienstleistungen etc.
Supportive documents which proves that you have those skills to do it. e.g. for a selbständige Software/Programmer/Informatiker you need to have Degree/Diplom in similar field and some years of experience etc.
- Your CV (in German)

then documents would be forwarded to IHK (Industrie Handels Kammer)They will check the documents and you would be asked to go personally for a gespräch! (in most cases!)

- once they approve it you would be allowed to do Selbständig in the applied branch/industry.

- you would be given gewerbeschein only for that.

Well this is what one BE holder has to do in order to do Selbständig, according to them!

Hope this info helps to some BE holders!

@bmilan

Thank you!That was quite informative and defenitely it helps!BTW,Do you have any idea about the duration of the process?

@maneesha
They said it depends - (on letter of intent)

in the case when it's only one person company (no employees) several weeks, but they didnt know exact duration.

May be somebody from forum might know!

in the case where you have at least 1 or more arbeitnehmer then you need to proove finances too! You have to proove that you can pay employees, govt taxes etc.in short very sound financial situation(varialble to size of your proposed company; here they said they dont belive on your future orders but current cash/deposits etc. Time frame...no idea!!!

Hi there!

I am BE and would also like to do "selbstandige".

I have an offer for a consulting role, but currently my visa says "Unselbst'ndige Beschaftigung Selbstandige Tatigkeit nicht gestattet."

You described the process to get consulting permission by starting a company.

Is it possible to get this "selbstandige", but not start a company, and only work as a independent consultant?

Also, after you get the form approved from IHK, do you also need to get an individual VAT number? how long does that take?

thanks for any feedback,
j

Hi frends!
I am working in germany since Nov. 2005 As design engineer with air bus through 1 co.( It has been 2 years & 8 months), I have beschäftigung erlaubt BE for my designation and the name of company

Now I got an offer letter from 1 new company that says i will be paid xx euros per hours, contract says that any party can terminate contract with a notice of 2 weeks. It also says that i will not get any holidays and will be paid for worked hours only
From that money which i will be paid, I have to pay all health insurance, tax, & social securities my self... even I have to arrange for my VISA an all stuff,
so to accept that offer which VISA should I need and what is the procedure is that BE