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Selbständige with BE (Urgent)
Posted on 26/04/2008 3:48 pm
Selbständige with BE (Urgent)
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
rikudost
Member since 20/05/2006
Posted on 29/04/2008 2:57 pm
Re: Selbständige with BE (Urgent)
Hoping for comments from experienced members like Detlf, Nobody, lacrima, Raj and Akshay.
Regards
rikudost
Member since 20/05/2006
Posted on 29/04/2008 3:11 pm
Re: Selbständige with BE (Urgent)
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.
raj
Member since 27/01/2004
Posted on 29/04/2008 3:31 pm
Re: Selbständige with BE (Urgent)
@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.
________________________________________
Akshay
Member since 21/03/2005
Posted on 29/04/2008 3:56 pm
Re: Selbständige with BE (Urgent)
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
Member since 21/11/2007
Posted on 29/04/2008 4:44 pm
Re: Selbständige with BE (Urgent)
@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? 
________________________________________
Akshay
Member since 21/03/2005
Posted on 30/04/2008 12:40 pm
Re: Selbständige with BE (Urgent)
@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
rikudost
Member since 20/05/2006
Posted on 30/04/2008 1:55 pm
Re: Selbständige with BE (Urgent)
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.
raj
Member since 27/01/2004
Posted on 04/05/2008 8:44 pm
Re: Selbständige with BE (Urgent)
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
mk
Member since 22/06/2004
Posted on 24/05/2008 11:43 am
Re: Selbständige with BE (Urgent)
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
Member since 20/05/2006
Posted on 24/05/2008 5:05 pm
Re: Selbständige with BE (Urgent)
@rikudost
Are you allowed to do freelancing with you current BE?
maneesha
Member since 15/05/2008
