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Expatica's resident lawyer Csilla Ivanyi answers questions from readers who want to move to Germany, including the person who wants his older brother to adopt him as his son in order to get a German work permit.An Expatica reader writes:
This may seem rather outlandish, but here goes...
I know an American citizen and resident of the U.S. who's interested in relocating to Europe (Holland or Germany, more likely the latter).
His older brother was born in Scotland and so could, if he decided to get a Scottish passport (Erm... I think you mean a British passport. - Ed.), have the right to work in Europe.
Since the parents of these brothers are deceased, could the older brother, after going through the procedure to obtain a Scottish passport, legally adopt my friend (and currently his younger brother) as his 'son'?
If so, would that, according to German law, pass EU work-eligibility status on to the 'adopted' son?
Thanks!
Dear reader,
Adoption is a possible procedure - very lengthy though. In Germany adoption would effect German nationality only with minors. So if this brother/son is older than 18 it's no use. I don't know Scottish/British law, so I can't tell whether the regulations are similar to those of the Germans.
If the adopted person is still a minor though, all advantages of a Scottish (sic) passport also apply to him as well.
Best regards,
Csilla Iványi
Attorney-at-law
____________
Andrea writes:
I am an American citizen. I am trying to see if I can get a German passport because my father was married at the time of my birth and he was a German citizen. He lived in the US since 1980 and never became a citizen. The German Consulate in NY said I can get a German passport if I have the proper documents.
I want to move to Spain next year--can I go to Spain with my US passport but register in the police station as a German citizen? Can I find work using the German passport?
Thanks!
Dear Andrea,
If your parents were married at the time of your birth, your German father is officially acknowledged as your father. Then in fact you can apply for a German passport. If your parents weren't married, it would be necessary to get an official declaration of fatherhood. This must be done before you are 24.
With a German passport, you are free to settle wherever you like within the EU. So you can move over to Spain and look for work. You are not entitled to apply for social welfare, though. If you can't find work you would have to move to Germany and apply for social benefits there.
Kind regards,
Csilla Iványi
Attorney-at-law
____________
Mike writes:
I am a recent college graduate and I am looking to move to Germany for six months to a year. However, I need to be gainfully employed during this time.
My question is, what is the best way to get a visa? Do I need to have housing and employment lined up before I apply, or should I apply then look for jobs? Also, will it be easier to obtain one for skilled occupations instead of unskilled occupations?
You help in these subjects would be greatly appreciated. Thank you so much for your time and I look forward to hearing from you.
Dear Mike,
If you're a US citizen you can move to Germany and look for a job and a residence permit here. The residence permit depends on your financial situation though. If you can provide evidence that you're financially independent, have health insurance and housing, you will get it no problem. If you need a job to have a living, it will be a lot more difficult, because Germany currently refuses to give work permits to foreigners in general. But - as so often - there are several exceptions to this rule. So highly qualified people have a chance to get a work permit, just as people who have a special qualification the job market is looking for. Also for artists it would be easier to settle down here, as well as models, actors, musicians, journalists.
And of course as an investor you're welcome, too. If you want to establish your own company, the business plan will be checked and if it proves to be serious and promising, you can get a residence permit.
So forget about looking for unskilled occupation - that probably won't work.
Best regards,
Csilla Iványi
Attorney-at-law
____________
Noreen writes:
I am a single professional thinking about moving to Frankfurt for work. I am a Canadian resident and own an apartment in British Columbia.
What things should I be considering if I choose to move to Germany?
Thank you.
Dear Noreen,
As a Canadian you can move to Germany without a prior visa procedure. You can then look for work while you're here. But please consider: Germans don't give work permits to foreigners if they don't have to, which means if they aren't forced by law to do so - for instance, for close relatives of EU citizens.
There are only a few exceptions, for example if you are highly qualified and there is a lack of such qualified people here, or if you want to establish a business here and plan to make a sound investment.
It's difficult to give advice without knowing more about your plans, so I would recommend that you turn to me if you know more specifically what you want. In order to know in advance whether you will get a residency and a work permit you should check the prospect of success before you move over to Germany.
Best regards,
Csilla Iványi
attorney-at-law
____________
Emilie writes:
My fiancé has been granted a business visa from the German embassy here in the Philippines. He has left for Switzerland and is supposed to be going to Germany to participate in an office-related project for three months. But he is now stuck in Switzerland because his company's HR personnel in Germany are telling him that he has the wrong visa. They say what he actually should have is a work permit since he will be paid for three months under the headcount of the German office.
Meanwhile, HR personnel from here in the Philippines have already asked the German embassy here and they say they do not change the status of the visa given to him since it is correct.
What should he do? Is it possible to change the status of the visa when he's already in Germany? Does he still need to do this? Since he has a business visa already, can't he work there (for his company) anyway?
Hope you can advise. Thanks.
Dear Emilie,
It's complicated, but theoretically possible, to change a visa after entry, if all the relevant facts and circumstances had been revealed to the German embassy in his visa application.
Given that I don't have all the necessary information, I would recommend that he urgently looks for a lawyer, because obviously the "Bundesagentur für Arbeit" has to be involved and this always means a very lengthy procedure, if there is nobody pushing the authorities. He should also call the "Auswärtiges Amt", the German State Department for help. They have a department for economic policy, where they would help if economic interests are concerned.
Best regards,
Csilla Iványi
Attorney-at-law
____________
Samantha writes:
 |
A handy thing to have |
I would just like to find out whether my husband can apply for German citizenship/passport, as he is now married to me?
I would really appreciate any help you can give.
Dear Samantha,
Unfortunately naturalisation in Germany requires a long-term stay here in Germany. Spouses of German nationals have to stay here for five years until they can apply for German citizenship. So this period would only start, and naturalisation would therefore only be possible, if you two move to Germany.
Best regards,
Csilla Iványi
Attorney-at-law
____________
14 July 2006
This article contains information of a general nature and should not be considered as legal advice. Although the greatest care has been taken in drafting this article, it is possible that certain information may have become outdated or inaccurate since its publication.
Copyright Expatica 2006
Subject: Life in Germany, legal advice, ask our lawyer, German law, German lawyer, German legal system
my son is an american citizen and met a german girl while she was working in the states as a nanny.. They dated the whole time and just before she was ready to go back home she discovered that she was pregnant. She has since had the baby and now my son is going to marry her and bring her to the US. I know all about the immigration paperwork as Iam going thru it with my dutch husband. But our ? is that he just heard he had to sign a application for fatherhood. Is this something that can be done thru the mail and faxing or is he going to have to make another trip. We just got back from the birth of his child.. And then his fiancee told him about this other paperwork that needed to be signed.thanks cheryl
I am a 51 year old lawyer from the US. I would like to move to Germany. I could work in any area related to the legal/judicial system. I also have a BA and MA in German and can speak German already. I could work in some area using combined German/English skills such as teaching English. Any suggestions. I have some savings but would need to work in order to have a steady income. My wife speaks no German.
wow if you want to move to germany you would have to jump thru all the immigration hoops just as i have. as americans we are only allowed to stay for 3 months.the trick is that you could go to another neighboring counrty which is very close and stay for 2 wks and then go back to germany but this would have to be done every 3 mos. otherwise you need to become a resident. I have been working with the immigration stuff for 4 yrs now and i have become quite an expert. im a paralegal and love to do research so this has been right up my alley. Each country has different requirements to stay there. In holland i would have to be married to a resident which i am, and then take the residency test which was no problem BUT since our paperwork was in progress they changed some of the rules and now i must speak fluent dutch to the tester. This for me would be a huge hardship.. I do know some words but i choose not to learn another language.Its all very complicated but for you, y ou have a specialized skill. Just like a nurse of doctor you could just about go anywhere in the world with it. there are many american companies all thru europe and with your knowledge of the language you would fit many of the requirements that lay in front of you. Your wife would get along fine as english is spoken in so many places( its not like the old days :) good luck in your dream and i hope it works out for you.
Dear Sir / Madam,
I am an Iranian girl who lives in Kish Island Free zone in Iran. I have a German boyfreind from 2/5 years ago and I want to move to Germany for being with him and I think the best way is finding a job there, would you please help me in this case.
With best regards,
Nadia Saeednejad
Hello. I am a Canadian and American citizen and currently I am about to graduate from medical school in America. I speak German and I would love to be a doctor in Germany. Is that possible? And if so, how would I go about doing this?
Dear Sir,
Am living with my italian wife in Italy but l we want to relocate to Germany. Am a non EU resident but have a resident permit in italy for family reasons. can l move in search of job in Germany before my wife joins me in Germany? l once live and work in germany as a student.
my sister and my brother are born in germani but they not have papers or pass what have my parends to do to get passaport for them
now they live in macedonien but they like to go back in germani is it possibel what rights they have and if they gi back in berlin can they stey and live there without problems
I was born in a German town, my mother is a German citizen, my father an American. As I said I was born in a German hospital and I have a German birth certificate. I attended German school and we did not move to America until I was 14. I never served in the American military and I never renounced my German citizenship. The question I have is this: Do I still have rights to German citizenship?
I am in germany, My mother is german but lives in USA, I moved here hoping to get my german paperwork here, but they are saying I should of done it there, I can't afford to fly back. what can I do?(I'm 24 years old and born and grew up in USA, but I know I'm German by birth because my mother was married and is still german) please email me if you can help, steve005@fuse.net, thanks
Hi, I am an American born US citizen who is considering a move to Germany. My mother was born in Germany and Her Mother and Father as well. My mother and Grandmother have been in the US since the 1960's, however, my mothers brother (my uncle) still resides in Germany, and never lived in the US. Does this help me in any way as far as visa etc. thanks
Hello there!
I am an American citizen looking to aquire German and EU citizen ship along with attending a German University. My question has something to do with traffic laws here in the US. I currently have one speeding ticket on my record along with one pending. Would this effect my application for citizenship in Germany and would the tickets carry over on my record? I don't not believe they would but from what I understand speeding is taken seriously. I look forward to hearing from you
Thank you,
Josh
I was wondering if anyone could help me. I'm 46 yrs old and was born to a German citizen mother (both her parents were born in Germany too.) and to an American father. I speak German very well. I read somewhere that if one of your parents was a German citizen at the time ofyour birth you can get a German Passport. Is this true and how do I go about applying for one? Will I have to renounce my American citizenship?
Any help would be great !
Thanks and Happy New Year !
HI there.
This seems a fantastic service you offer. Thank you!
I am South African, female, 31 years old. S.A is one of the countries that doesn't have it so easy even with attaining visit visas, though I always seem to manage to show the documentation necessary.
I now spend a lot of time in Berlin as my boyfriend lives here. But I have to keep leaving every 3 months and staying out for 3 months according to Schengen Visit Visa Regulations.
I wish to find work in Berlin and thus would need to organize a German work visa. I would focus on English 2nd language teaching or teaching at schools.
I have a Bachelor in Social Science and a Bachelor of Dance. I also have a diploma in education and a TEFL certificate to teach english language.
I have always assumed South Africans would have a harder time getting a work visa. Its intimidating, and I would hugely appreciate an outline of my possibilities/ probabilities and some guidelines to proceed.
Thank you sincerely for this forum!
hi,i am a nigerian and have a boyfriend in Germany that has a resident permit.i am also pregnant for him.but he had sum issue with d police and was in prison for 6months and was released late last year.i want to knw if his records would affect my resident permit for me and my baby when i deliver because am due tohave my baby soon.
Dear Sir/ Ma'am,
Greetings from Greece! I am Beverlee Palacpac a filipino,from the Philippines and presently residing/working here in Greece for 7 years. Because of the financial problem here in Greece, I am planning to move in Berlin Germany.
Dear Sir/ Ma'am,
Greetings from Greece! I am Beverlee Palacpac a filipino,from the Philippines and presently residing/working here in Greece for 7 years. Because of the financial problem here in Greece, I am planning to move in Berlin Germany.Can I get a working and residence permit?Or is there any lawyer who can help me?Thank you for your respond.
Dear Andrea,
hi ,i was born in germany 1984 and i lived there for 6 years . i have persian parents so we move back to iran and now i'm 27 i wana no it's possible for me to have German residence?
Hello,
I am a South African and my girlfriend is German. I want to relocate to Germany to be with her. I am not sure how I should do this. Please can you assist in helping me get there. Thanking you in advance for your assistance.
I'm a US citizen and a licensed clinical psychologist (for 10 yrs). I'm planning to move to Germany to live with my boyfriend (who is also a US citizen but working for a defense contractor out of Germany/Afganistan). How difficult would it be for me to get a resident visa? We are estimating being in Germany for 3 years. He makes a good living and I don't need to get a job right away (financially). However, based on my research it looks like that since I have a "specialty career" it would help the visa process. Any suggestions?
hellow
my name is khan saeed . my qualification is graduation . i live in pakistan . but i want to move in germany .. plz contect nay one who solve my problem. thanks iam waiting ur email . soon contect
This article was really informative and I have learnt so much after reading this. I wonder some day I would be able to share such valuable information on my own blog.
Hello,
I am Nigerian, and have recently completed a masters degree in engineering in the UK. I am considering immigration to germany as i believe it a great opportunity for work experience. I would like to know what my chances are if any.
Thanks
Hello, I am a Nigerian married with 2 kids presently residing in italy, i am thinking 0f relocating to belin with my family i dont no the document required i will be glad if you put me through.
my son is an american citizen and met a german girl while she was working in the states as a nanny.. They dated the whole time and just before she was ready to go back home she discovered that she was pregnant. She has since had the baby and now my son is going to marry her and bring her to the US. I know all about the immigration paperwork as Iam going thru it with my dutch husband. But our ? is that he just heard he had to sign a application for fatherhood. Is this something that can be done thru the mail and faxing or is he going to have to make another trip. We just got back from the birth of his child.. And then his fiancee told him about this other paperwork that needed to be signed.thanks cheryl
I am a 51 year old lawyer from the US. I would like to move to Germany. I could work in any area related to the legal/judicial system. I also have a BA and MA in German and can speak German already. I could work in some area using combined German/English skills such as teaching English. Any suggestions. I have some savings but would need to work in order to have a steady income. My wife speaks no German.
wow if you want to move to germany you would have to jump thru all the immigration hoops just as i have. as americans we are only allowed to stay for 3 months.the trick is that you could go to another neighboring counrty which is very close and stay for 2 wks and then go back to germany but this would have to be done every 3 mos. otherwise you need to become a resident. I have been working with the immigration stuff for 4 yrs now and i have become quite an expert. im a paralegal and love to do research so this has been right up my alley. Each country has different requirements to stay there. In holland i would have to be married to a resident which i am, and then take the residency test which was no problem BUT since our paperwork was in progress they changed some of the rules and now i must speak fluent dutch to the tester. This for me would be a huge hardship.. I do know some words but i choose not to learn another language.Its all very complicated but for you, y ou have a specialized skill. Just like a nurse of doctor you could just about go anywhere in the world with it. there are many american companies all thru europe and with your knowledge of the language you would fit many of the requirements that lay in front of you. Your wife would get along fine as english is spoken in so many places( its not like the old days :) good luck in your dream and i hope it works out for you.
Dear Sir / Madam,
I am an Iranian girl who lives in Kish Island Free zone in Iran. I have a German boyfreind from 2/5 years ago and I want to move to Germany for being with him and I think the best way is finding a job there, would you please help me in this case.
With best regards,
Nadia Saeednejad
Hello. I am a Canadian and American citizen and currently I am about to graduate from medical school in America. I speak German and I would love to be a doctor in Germany. Is that possible? And if so, how would I go about doing this?
Dear Sir,
Am living with my italian wife in Italy but l we want to relocate to Germany. Am a non EU resident but have a resident permit in italy for family reasons. can l move in search of job in Germany before my wife joins me in Germany? l once live and work in germany as a student.
my sister and my brother are born in germani but they not have papers or pass what have my parends to do to get passaport for them
now they live in macedonien but they like to go back in germani is it possibel what rights they have and if they gi back in berlin can they stey and live there without problems
I was born in a German town, my mother is a German citizen, my father an American. As I said I was born in a German hospital and I have a German birth certificate. I attended German school and we did not move to America until I was 14. I never served in the American military and I never renounced my German citizenship. The question I have is this: Do I still have rights to German citizenship?
I am in germany, My mother is german but lives in USA, I moved here hoping to get my german paperwork here, but they are saying I should of done it there, I can't afford to fly back. what can I do?(I'm 24 years old and born and grew up in USA, but I know I'm German by birth because my mother was married and is still german) please email me if you can help, steve005@fuse.net, thanks
Hi, I am an American born US citizen who is considering a move to Germany. My mother was born in Germany and Her Mother and Father as well. My mother and Grandmother have been in the US since the 1960's, however, my mothers brother (my uncle) still resides in Germany, and never lived in the US. Does this help me in any way as far as visa etc. thanks
Hello there!
I am an American citizen looking to aquire German and EU citizen ship along with attending a German University. My question has something to do with traffic laws here in the US. I currently have one speeding ticket on my record along with one pending. Would this effect my application for citizenship in Germany and would the tickets carry over on my record? I don't not believe they would but from what I understand speeding is taken seriously. I look forward to hearing from you
Thank you,
Josh
I was wondering if anyone could help me. I'm 46 yrs old and was born to a German citizen mother (both her parents were born in Germany too.) and to an American father. I speak German very well. I read somewhere that if one of your parents was a German citizen at the time ofyour birth you can get a German Passport. Is this true and how do I go about applying for one? Will I have to renounce my American citizenship?
Any help would be great !
Thanks and Happy New Year !
HI there.
This seems a fantastic service you offer. Thank you!
I am South African, female, 31 years old. S.A is one of the countries that doesn't have it so easy even with attaining visit visas, though I always seem to manage to show the documentation necessary.
I now spend a lot of time in Berlin as my boyfriend lives here. But I have to keep leaving every 3 months and staying out for 3 months according to Schengen Visit Visa Regulations.
I wish to find work in Berlin and thus would need to organize a German work visa. I would focus on English 2nd language teaching or teaching at schools.
I have a Bachelor in Social Science and a Bachelor of Dance. I also have a diploma in education and a TEFL certificate to teach english language.
I have always assumed South Africans would have a harder time getting a work visa. Its intimidating, and I would hugely appreciate an outline of my possibilities/ probabilities and some guidelines to proceed.
Thank you sincerely for this forum!
hi,i am a nigerian and have a boyfriend in Germany that has a resident permit.i am also pregnant for him.but he had sum issue with d police and was in prison for 6months and was released late last year.i want to knw if his records would affect my resident permit for me and my baby when i deliver because am due tohave my baby soon.
Dear Sir/ Ma'am,
Greetings from Greece! I am Beverlee Palacpac a filipino,from the Philippines and presently residing/working here in Greece for 7 years. Because of the financial problem here in Greece, I am planning to move in Berlin Germany.
Dear Sir/ Ma'am,
Greetings from Greece! I am Beverlee Palacpac a filipino,from the Philippines and presently residing/working here in Greece for 7 years. Because of the financial problem here in Greece, I am planning to move in Berlin Germany.Can I get a working and residence permit?Or is there any lawyer who can help me?Thank you for your respond.
Dear Andrea,
hi ,i was born in germany 1984 and i lived there for 6 years . i have persian parents so we move back to iran and now i'm 27 i wana no it's possible for me to have German residence?
Hello,
I am a South African and my girlfriend is German. I want to relocate to Germany to be with her. I am not sure how I should do this. Please can you assist in helping me get there. Thanking you in advance for your assistance.
I'm a US citizen and a licensed clinical psychologist (for 10 yrs). I'm planning to move to Germany to live with my boyfriend (who is also a US citizen but working for a defense contractor out of Germany/Afganistan). How difficult would it be for me to get a resident visa? We are estimating being in Germany for 3 years. He makes a good living and I don't need to get a job right away (financially). However, based on my research it looks like that since I have a "specialty career" it would help the visa process. Any suggestions?
hellow
my name is khan saeed . my qualification is graduation . i live in pakistan . but i want to move in germany .. plz contect nay one who solve my problem. thanks iam waiting ur email . soon contect
This article was really informative and I have learnt so much after reading this. I wonder some day I would be able to share such valuable information on my own blog.
Hello,
I am Nigerian, and have recently completed a masters degree in engineering in the UK. I am considering immigration to germany as i believe it a great opportunity for work experience. I would like to know what my chances are if any.
Thanks
Hello, I am a Nigerian married with 2 kids presently residing in italy, i am thinking 0f relocating to belin with my family i dont no the document required i will be glad if you put me through.
Want to move to Germany but haven’t figured out the details? Check out Expatica’s overview of the German permit system.
In part one of our two part series, we cover the driving culture in Berlin, where to park and buy gas and, most importantly, the laws.
Our comprehensive guide includes information on how to find work, recruitment agencies, employment contracts and labour law.
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