Estonian e-Residency (for a non-EU citizen not yet holding a permanent residency in Germany)

11 posts in this topic

I am a non-EU citizen who is currently employed in Munich and holds Aufenthaltstitel (tied to current company) valid until 2020 (but should obtain the Blue Card by the end of this year - not sure, however, if it is going to be tied to the employer as well).

 

I have learned that you are not eligible to start a company/business (no matter how small) without having a permanent residency in Germany. Is that correct?

 

Now, let's say I would like to start a small company by the end of this year. I have started a research about Estonian e-Residency, which basically allows one to conduct "everything" remotely; it gets access to the EU market, etc. just like any other EU company.

 

That's theory. I would like to know if any TT'ers have experience with e-Residency in practice, especially doing business and paying taxes and doing all related paperwork (if any) in Germany (Bavaria).

 

Thanks!

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Just now, SpiderPig said:

What does your current employer say about you having a second buisness interest?

 

I see your point. He does not know about it yet -- this is just an idea and moreover, the business might be registered by my colleague which has the similar status as I do but is willing to quit his job in order to pursuit self-employment in this way. When and if I sort things with my employer, I would join him in the company (one can think of it as a startup).

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8 minutes ago, java10 said:

I have learned that you are not eligible to start a company/business (no matter how small) without having a permanent residency in Germany. Is that correct?

 

 

No, that is not correct. As you were already told:

 

On 31.7.2018, 08:17:36, engelchen said:

You should first check your your permit to determine whether you are allowed to work a second job / be self-employed. 

 

 

You need a work permit that allows self-employment.

 

Estonian e-residency doesn't change that.

 

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1 minute ago, someonesdaughter said:

 

Estonian e-residency doesn't change that.

 

 

Crap. I don't think my current status is enough then, and I'm afraid that getting the Blue Card won't change much about it. Is there a way to request this eligibility for self-employment when filing Blue Card application (provided my current employer agrees, if asked at all?)?

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26 minutes ago, someonesdaughter said:

 

Estonian e-residency doesn't change that.

 

 

Quoting you again. An excerpt from my Zusatzblatt: 

 

...gem. § 26 Abs. 2 BeschV gestattet. / Erlischt mit Abbruch oder Beendigung der o.g. Beschäftigung. / Ansonsten Erwerbstätigkeit nicht gestattet. / Nach zwei Jahren, durch ... ist jede Beschäftigung gestattet.

 

So, mid-2019 I should be allowed to get self-employed (2 years after starting in Germany).

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6 minutes ago, java10 said:

 

Quoting you again. An excerpt from my Zusatzblatt: 

 

...gem. § 26 Abs. 2 BeschV gestattet. / Erlischt mit Abbruch oder Beendigung der o.g. Beschäftigung. / Ansonsten Erwerbstätigkeit nicht gestattet. / Nach zwei Jahren, durch ... ist jede Beschäftigung gestattet.

 

So, mid-2019 I should be allowed to get self-employed (2 years after starting in Germany).

 

No, "Beschäftigung" does not include self-employment, only "Erwerbstätigkeit" would. You'd have to apply for a change.

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16 minutes ago, someonesdaughter said:

 

No, "Beschäftigung" does not include self-employment, only "Erwerbstätigkeit" would. You'd have to apply for a change.

 

Oh, I see. Thank you for clarification.

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> I have started a research about Estonian e-Residency, which basically allows one to conduct "everything" remotely; it gets access to the EU market, etc. just like any other EU company.

 

While the idea definitely goes in the right direction, what actually seems to be implemented under the Estonian e-Residency hype is a glorified version of an electronic signature for you to sign the contracts etc. It will not give you any rights that you don't have now. For comparison, anyone can open a company in the US or UK by writing some emails to a local lawyer, so using that logic my smartphone provides me with an "US and UK e-Residency".

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> I'm afraid that getting the Blue Card won't change much about it

The "better" your employment the higher are your chances you will get the remark selbständige Tätigkeit gestattet.

And In Berlin it should be now standard for all BK owners. You can take a look at your local ABH's rules.

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