Starting a Business as a non-EU Foreigner in Germany

urteil gesetz

In Germany, we as Kenyans have continued to perpetuate a falacy that the only way you can do anything in Germany is by having German kids and/or getting married to a German. Considering the aim of this blog is mainly to show that you can accomplish what you aim to achieve even with your Kenyan passport and with or without German children, I decided to check the “msema kweli” what the Germans call the Aufenthaltsgesetz.

1. Who is allowed to be self-employed in Germany?

– A foreigner who can prove:

  • There is a demand for the services/products you wish to provide to the German market- this will also depend on the academic qualifications of the applicant, the amount of financial capital set aside for the venture, the business idea, and the influence of that business of the job market
  • When this activity has positive effects on the German economy
  • When you can finance the business either from your own savings or through a credit from the bank

– A foreigner who studied in a German University or a University recognized by the German system. The new business should have something to do with what the person studied
– A foreigner, older than 45yrs old, can only get this visa if they have retirement benefits well taken care of.

– A foreigner whose business reciprocates benefits according to the international laws

2. The permit is issued for a maximum of 3yrs. After the 3yrs, the success of the business is checked and if it has fulfilled its objectives and been able to sustain the applicant and his/her family within that time then a Niederlassungserlaubnis (permanent residence permit) can be issued.

3. A foreigner, who has another visa and is self-employed as a side gig, can continue with running the business as long as they fulfil the requirements to maintain the first visa. In this case they don’t get the Niederlassungserlaubnis after 3yrs.

Still wondering if you can start a business while only having a Kenyan passport and without German kids? The answer is yes… long as you fulfil the criteria stated.

Further reading: Aufenthaltsgesetz §21 Abschnitt 4

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