If you are not a citizen of the European Union, you need a visa for any occupation in Germany. So does your visa allow you to form a company like a GmbH or a UG in Germany?
Forming and holding shares is not an occupation
That’s a trick question because founding a company is not an occupation. Anyone in the world can form a company in Germany. You don’t need to be a resident of Germany and you don’t even have to be in Germany to do so because creating a business and holding its shares is not an occupation. Running a company, however, is.
Managing directors, freelancers and employees need a visa
Every limited liability company such as a GmbH or a UG needs a managing director. If you reside abroad, you can even be a managing director. This may lead to all kinds of tax issues. Most founders would like to reside in Germany when creating a company here though. Being a managing director is an occupation and this is when your visa needs to allow you to become the managing director or otherwise work for the company, e.g. as self-employed or employee.
What if you already have a visa?
The right visa to run the company is a self-employed visa. However, you may already have a visa, e.g. as a student or a job-seeking visa, which may allow you to work self-employed and thus form and run a newly created company. Typically, the visa (Aufenthaltstitel) does not specify this. The specifics are typically added in the supplementary sheet (Zusatzblatt zum Aufenthaltstitel). See the following example:
What does the Zusatzblatt allow?
This Zusatzblatt to a student visa does not allow for self-employment (“SELBSTÄNDIGE TÄTIGKEIT NICHT ERLAUBT”) in its auxiliary conditions. It does allow though to work on between 120 and 240 days a year OR as a student on the side. If the student is only a minority shareholder, this means he could work as an employee on the side throughout the year and even as a mandatory intern during the semester break if the internship qualifies under his studying course. Please note though that side jobs and internships that are not mandatory need to be paid at least with minimum wage. You should also apply for approval from the Ausländerbehörde to make sure the side activity is allowed.
Other visa conditions and limitations
One important caveat: If the auxiliary conditions allow you to work as managing director, freelancer and/or employee, this only applies as long as you fulfil the other visa conditions, e.g. stay enrolled as a student. Additionally, the visa is time-barred so once the visa runs out, you are no longer allowed to do the occupation and need to apply for a new (self-employed) visa.
Conclusion
Forming a company as a non-EU citizen poses additional hurdles and you need to pay attention to corporate, labour and migration law. With visa matters the devil is in the details, especially the Zusatzblätter. Seek out a law firm such as Streiff Law with experience in all of these legal fields.
Published on 10.09.2025