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

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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
 
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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

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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

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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

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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

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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