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Green Card to Selbständiger
Posted on 20/11/2003 5:50 pm
Green Card to Selbständiger
Dear Friends,
I have been a silent observer for some time in this forum. But now I feel that I should come up with my recent success story which is very clear and will be a help for everyone who want to be a Business Man in Germany. It was not easy for me due to ignorance and misguidence.
I came out of my company in December 2002. I had problem with my Green Card Visa since my company name was written in my Passport. The arbeitsamt refused to pay me Arbeitlosengeld. They said that my visa indicates that either I work for the company or have to go back. They said that I have to change my Visa status,then only they can pay me. I went to Ausländeramt and got my Visa changed but now Ausländeramt had entered in my passport that I should get my job within 6 months or else should go back . Actually I had worked for more than 2 years and was eligible for Arbeitlosengeld for one year.
I tried to get jobs for 3 months but nothing clicked .Then decided that I should start my own company since I had connections in the market and some Business ideas. I spoke to a lawyer who inturn spoke to Ausländeramt and IHK and said that I can form my company. But it was unfortunate that my Lawyer did not have an idea of company formation for a Green card holder and in the process he totally messed it up and I got a rejection letter from Ausländeramt stating that I am not eligible to start any form of company. My lawyer raised his hands and said that he is not a specialist in these kind of cases and asked me to contact another lawyer.
Everything was going very slow and In the process..I not only lost my mental peace but also good amount of time and naturally money( Time is Money).
After that I got in contact with another lawyer . This lawyer spoke to Ausländeramt and had to speak to high authorities since my case with the higher authorities. They bluntly said "NO" to my lawyer ..but my new Lawyer explained my serious plans and also had enough legal reasons which he could explain. Finally the Ausländeramt asked for the Business Plan . My Business plan was modified by my Lawyer and he removed the entire details of financials and asked me to make the Business plan with a help of Tax-consultant who is the legal authority to make a business plan with Financials.
Finally the Business plan with my Lawyer's covering letter was submitted . They liked the plan and forwarded to IHK. IHK called me for a meeting. I made a PPT and also took recomodation letters, some Business contacts copies , Business plan etc. I had a long presentation which they were quite impressed.
After the meeting , they forwarded my details to Ausländeramt and finally my Visa was changed from Green Card to Business Man Visa.
Now I need to work on my Company formation etc which I am thinking should not be a problem .
I would like to advise the following which could be useful for serious Business Men:
1) Appoint a Good lawyer to work on your Company formation. It could be little expenditure but when u think of Business ,you should be prepared for that.
2) Business Plan should done with the help of Tax-consultant.
3) My Business plan focussed on Software services , foreign Investments, International Buisness , Employment ,Taxes etc.
4) Professional approach with PPT , Lap-top . Take everything , every information under the sun which is linked with your Business. You never know which letter/information will be a Tendulkar's hit.
5) Approach Ausländeramt in time before your case gets complicated.
I guess this is very long mail.. but would be useful for serious enterpenours.
Regards
Mani
manimeera
Member since 12/11/2003
Posted on 20/11/2003 6:00 pm
Re: Green Card to Selbständiger
Dear Mani,
congratulations! And thanks for posting your story 
I am really glad that you came out with it, especially after some demotivating messages. If you agree, I would like to publish your text in our 'Success Stories' section? As soon as you have your business website we can ad a link, and maybe this will help for a new client.
I wish you all the best for the future!
Detlef
hellfeld
Member since 17/10/2003
Posted on 20/11/2003 6:23 pm
Re: Green Card to Selbständiger
Thanx Detlef for your offer. If you feel that my experience could be useful for others .. Then you can put it in the Success Stories section. I will send you my company's link once its formed.
I do not have anything against anyone.. Life is tough abroad for any foreigner due to sheer ignorance .
Thanx and Regards
Mani
manimeera
Member since 12/11/2003
Posted on 20/11/2003 6:52 pm
Re: Green Card to Selbständiger
Hi Mani,
thanks for your 'Erlaubnis'. Your story is online.
By
Detlef
hellfeld
Member since 17/10/2003
Posted on 20/11/2003 10:57 pm
Re: Green Card to Selbständiger
Hello Mani,
Great work and great post. We need more people like you.
I have some questions though.
What was the language of your communications ? ( e.g. of presentation, talks to arbeitsamt ) I guess the answer but I ask just to make sure.
Secondly where has this all happened ? I mean state and city.
Thanks a lot.
Atreides
Member since 17/11/2003
Posted on 20/11/2003 10:58 pm
Re: Green Card to Selbständiger
One more question. Maybe a stupid one.
How was the dress code ? Do you think it was important to look serious ?
Dressing is traditionally unimportant in software development, but Germans like seriousity, don't they
Atreides
Member since 17/11/2003
Posted on 20/11/2003 11:28 pm
Re: Green Card to Selbständiger
My spoken languages during the meetings were a combination of German and English.. I spoke my broken German and changed to English when ever I got struck. Business Plan was made in German.. PPT was made in English.
Well.. its not at all important about the city and state..since the rules are the same everywhere. Except in big cities like Frankfurt,Berlin,Munich etc ,they are more International and have more experience in dealing with foreign Businessmen.
Anywhere in the world ,Business dress is always formal. As a programmer ,jeans would be accepted but you will appreciate that for any client meetings ,the dress is always formal. As far as I know , all business meetings are normally serious ones.
No questions are stupid... You are welcome to ask anything.
manimeera
Member since 12/11/2003
Posted on 21/11/2003 2:20 am
Re: Green Card to Selbständiger
Hi Many!
Just to tell you that I am very interested in what you are doing. I have a little question for you:
1) What kind of working Permit do you have? Selfemployed? What kind of company do you have? Can you work in other sectors, other than Computer engineering?
2) Are you entitled to work on projects for other companies? Like an external consultant?
3) How long are you entitled to stay here on that basis?
You can answer on my private mail, if you would (dkdejan@aol.com).
Thanks.
Dejan
dejand
Member since 18/11/2003
Posted on 21/11/2003 3:25 pm
Re: Green Card to Selbständiger
Please don't take this discussion to private, I and probably future visitors of this subject are very interested in the procedure.
Atreides
Member since 17/11/2003
Posted on 21/11/2003 6:04 pm
Re: Green Card to Selbständiger
Ya..lets not get in to private mails . Too many people might have the same questions . So I will answer in the forum.
1)As you know ,When you come here in Germany , you are coming with either work-permit or Green card. This permit is only linked with your working with a specific company and is a combination of Residence Permit and Work-Permit. Now when you want to come out and start your own venture , you visa needs to be changed to a Selbständer Visa. After you get your Selbständiger (Business Man)Visa , you are permitted to form your company. This Selbständiger visa is given purely based on your Business Plan and discussion with IHK.. You cannot make a Business Plan of a Software company and start a Restaurant (for example).. If you make your Business Plan suitable for Software , you will get permission to get in to Software Business.. That would written in the Passport. At the moment I have only the permission but my company is not yet formed.
2) Well ..There is a very thin-line between a Free Lancer(External Consultant) and a ON-SITE project Consultant. When you form a company , the contract will be between the Client and your company . How you execute your project is on mutual understanding with your client. You can do a part of the project in your office and also part at Clients place.
If you intend to be purely a Free Lancer , I guess you might have to make a Business Plan accordingly and get your approvals. I am not sure about this since I never planned to work as a Free Lancer.
3)Normally the Visa is given for one year and gets extended every year. This extension would be linked with your company's situation in one year. If you are in debts etc ,then they might create problems.
Regards
Mani
manimeera
Member since 12/11/2003
Posted on 22/11/2003 10:51 am
Re: Green Card to Selbständiger
Hello,
During the early days of the start-up, renting an office space is not necessary, especially if your business is web based and you can easily run it from your home office.
This brings a question to my mind.
Were they expecting a certain company scale ? I mean do they also allow 1-3 person companies or shall your business plan indicate 10-20 person company ?
Atreides
Member since 17/11/2003