Subject: Inquiry About Starting a Business and Residence Permit Options After Ausbildung

Question

Hello,

I have recently completed my Ausbildung as a Hotelfachmann on January 8th. However, my asylum case is still ongoing, and I have not yet received a decision. Currently, I am registered with the Arbeitsagentur while looking for a job.

My main question is: Is it possible to start my own business under my current situation? I am passionate about opening my own gastronomy business, but I am unsure if I can do so while my asylum application is still pending. Additionally, I would like to know whether I can obtain a residence permit through my business if I withdraw my asylum application.

Or, would it be better for me to first secure a job before considering self-employment?

I would appreciate any professional advice on this matter.

Thank you!

Answer 1

Hi @Presly

Well done on completing the Ausbildung!

While you have an ongoing asylum case, it is not possible to open up your own business. People with the paper ‘Aufenthaltsgestattung’ cannot set up their own businesses or do self-employed work.

There is a special rule about issuing a residence permit to asylum-seekers who came to Germany before 29.03.2023, who have a qualification, and withdraw their asylum application. However, they can only be issued with a work permit, i.e. not for their own business.

You can see this is paragraph 10, section 3 of the immigration law (Aufenthaltsgesetz):

https://***.gesetze-im-internet.de/aufenthg_2004/__10.html

It is quite complicated but states that in such cases, the person can only get the permit 18a, 18b or 19c. The permit 18a is applicable in your case as you have completed an Ausbildung. I cannot say whether it advisable to take this step if you find a job. There are some advantages in having 18a, in that you could get permanent residency after two years with it. But it is also tied to you working and so in that sense more insecure than if you get a positive decision on your asylum application.

It is good that you are registered with the Agentur für Arbeit. While you cannot actually yet set up a business, there is nothing to stop you planning to do so. There are many types of advisory and financial supports available to people who wish to open a business so you should research what’s available and also speak to the Agentur für Arbeit about this. Here is a useful overview of the topic in English:

https://***.existenzgruendungsportal.de/Navigation/EN/Home/home

Best,

Éanna