Self-employment of foreign citizens

Are you resident in Hamburg and want to become self-employed? Here's what you need to do:

Apply for a Condition Amendment

Please check whether your residence permit has a condition worded as follows "Self-employment or similar paid employment not permitted". If your residence permit includes these words, you must apply to the appropriate aliens' department of the registry office for the condition to be amended for the purposes of self-employment.

TIP: Not all types of residence permit self-employment. It is always advisable to ask the aliens' registration office whether you can submit an application.

Foreign citizens who are in possession of a settlement permit or a long-term EU residence permit have no restrictions, i.e. they are commercially on an equal footing with German nationals. A condition may still be attached where a residence permit for an unlimited period was issued prior to 28.06.2000. This is often the case if you have moved your place of residence to Hamburg, but your permanent residence permit was issued beforehand. In this case, please apply to the applicable aliens' registration office to have the condition lifted.

Depending on your intentions, the aliens' department of the district office will ask the relevant Economic and Regulatory Agency, our Chamber of Commerce, or the Chamber of Crafts for a professional opinion. You should be prepared for one or more of the institutions involved to contact you. Please always indicate your telephone number on the application even if it is not expressly requested on the form. This will ensure faster contact with you and accelerate the processing of your application.

NOTE: Only the relevant aliens' registration office will make the decision about your application to have a condition amended for the purposes of self-employment.

Submit Documents and Certificates

So that your plans, and in particular the economic background to your application, can be assessed, you should submit the following documents to the aliens' registration office along with your application form:

• curriculum vitae (incl. school certificates, diplomas, references etc.)
• business concept (business plan)
• proof of capital
• capital requirement plan
• Forecast of earnings
• draft contracts such as e.g. articles of association, lease agreements, etc.
• other written agreements

Do not enter into any contractual obligations before your plans are approved. If that is unavoidable, try to add a rider to the contract which allows you to withdraw if the aliens' registration office does not grant approval. Example: "This contract is valid only if the applicable aliens' registration office grants approval for self-employment".

Gather information

Before you take the final step to becoming self-employed, there are many questions which all start-ups usually want to have answered. You should get detailed information up front about the legal stipulations, general conditions and financial assistance.

Our brochure "How do I become self-employed" provides a summary of these questions. This brochure forms part of our starter pack for new businesses which is available free of charge from the Service Centre at our Chamber of Commerce. The starter packs also includes details of our monthly Info Day for new start-ups and our seminars for new businesses.