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Selbständige with BE (Urgent)
Creado 26/04/2008 15:48
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
Usuario desde 20/05/2006
Creado 26/05/2008 12:51
Re: Selbständige with BE (Urgent)
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
Usuario desde 20/05/2006
Creado 26/05/2008 13:30
Re: Selbständige with BE (Urgent)
@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
Usuario desde 27/01/2004
Creado 26/05/2008 15:21
Re: Selbständige with BE (Urgent)
@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
rikudost
Usuario desde 20/05/2006
Creado 26/05/2008 15:42
Re: Selbständige with BE (Urgent)
>>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
Usuario desde 27/01/2004
Creado 26/05/2008 16:13
Re: Selbständige with BE (Urgent)
@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
Usuario desde 20/05/2006
Creado 26/05/2008 16:25
Re: Selbständige with BE (Urgent)
@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.
raj
Usuario desde 27/01/2004
Creado 28/05/2008 10:35
Re: Selbständige with BE (Urgent)
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
Usuario desde 06/09/2006
Creado 28/05/2008 12:05
Re: Selbständige with BE (Urgent)
@bmilan
Thank you!That was quite informative and defenitely it helps!BTW,Do you have any idea about the duration of the process?
maneesha
Usuario desde 15/05/2008
Creado 28/05/2008 14:06
Re: Selbständige with BE (Urgent)
@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!!!
bmilan
Usuario desde 06/09/2006
Creado 30/05/2008 10:45
Re: Selbständige with BE (Urgent)
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
jamnazar
Usuario desde 29/11/2004
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