Expatica's resident lawyer Csilla Ivanyi answers your questions on subjects ranging from work visas for students to bringing one's elderly mother to Germany.

Tricky things, visas

I'm moving to Germany in literally 2 weeks time.  As an Australian I can apply for a visa when I arrive in the country.  I have been accepted into an intensive language course at the university there and they have written me a letter advising the German Alien Department (or so they call it) to issue me with a 24 month Student Applicant visa.  As I am studying I also need to be able to take part in some part time work.

How do I get around this?  I don't want to be a full time university degree studying student although because I do hold an Australia university degree I can continue studying, but I want to continue my studies in German and be able to support myself.  I do have accommodation provided by my partner but I still would like some independence and a chance to meet new people.  I really need a work visa - but how do I go about applying for this and how do I qualify?

I lived in Germany last year for 10 months and so have already used the 12-month working visa Australians are allowed once in their lifetime.

Many thanks.

Dear Clare,

It's important not to reveal your plans as you have described them in your request to the local Alien Department immediately. It's better if you come here and get the visa first, and then later officially change your plans.

Students are not allowed to work more than 90 days a year (or 180 days for a half time job). As an Australian you are allowed to come here for the purpose of looking for work, but nevertheless you will need a work permit. The procedure to obtain such a work permit includes an investigation as to whether more 'privileged' people have better rights to get the job or whether the employer is obliged to look for an employee among those more privileged people (Germans, EU citizens, relatives of such privileged persons etc.). So when your plans are about to be implemented, it would be wise to contact me or another lawyer specialising in "Ausländerrecht" ("foreigner law").

Best regards,
Csilla Iványi
Attorney-at-law

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Vanessa writes:

I worked in Germany for seven years and so am technically eligible for a German state pension (and not for a refund). I left Germany to return to the US two years ago. What do I have to do in the meantime to make sure I will receive a pension when I retire (assuming that the pension scheme is still solvent)?

Dear Vanessa,

Please turn to the Landesversicherungsanstalt Hamburg:

LVA Freie und Hansestadt Hamburg
Friedrich-Ebert-Damm 245
22159 Hamburg
Telefon: (040) 53 00-0
Fax: (040) 53 00-29 99

They are in charge of solving questions of North Americans (and others) with regard to social security. You can also download a publication under www.deutsche-rentenversicherung-bund.de, which contains information both in German and English.

Best regards,
Csilla Iványi
Attorney-at-law

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C. R. Bennett writes:

My German wife's elderly aunt recently passed away. In the final testament everything was left to my wife.

However in the past few weeks a former housecleaner of the aunt has come forward asking for money - she has a letter signed by the aunt dated several years prior to the final testament which had a $ amount associated with it.

My question is what should my wife do. Should she pay the former housecleaner who has threatened to get a lawyer involved? Does the final testament giving everything to my wife mean 'everything' or are there loopholes where if the aunt had previously signed to give somebody to something she should have effectively recalled that for it to be void.

Appreciate any guidance.

Dear Mr. Bennett,

If the facts are as simple as you depicted them, the case is clear: only the last testament is the valid one. It's difficult to judge whether the case is really as easy, though.

There could be loopholes if the content of both documents does not contradict each other, if they address different subjects. This depends on the wording and the circumstances under which both documents were created. Do they refer to each other?

According to German inheritance law you can be the only heir of the deceased, but nevertheless obliged to give a certain amount of money or a certain object or the money in a bank account etc. to a third person. Thus I could only give you a reliable answer if you showed me both documents. You shouldn't hesitate to demand a certified copy of the document of the housecleaner and then turn to a lawyer yourself before you pay.

Best regards,
Csilla Iványi
Attorney-at-law

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Raman writes:

Dear Csilla Iványi,

I am an Indian living in Germany for last 3 years. My brother is also living in Germany for last 4.5 years. He is expecting his permanent residency before end of this year.

My question is, is it possible for us to bring our mother to Germany as she lives alone and there is no one to take care of her. We don't need any financial or social help from government for her. We are both working and can easily support her. For us our mother is very important, and would be glad to know if there is any law which allows reunion of parents.

Thanks and regards.

Dear Raman,

Unfortunately it's extremely difficult to get elderly and sick parents to Germany. Please try anyway, because theoretically it's possible. You need to give evidence about the following facts:

• there is nobody in India to take care of you mother
• her living and housing expenses are covered by you, including health insurance
• she needs help from you - please demonstrate that by medical certificates
• and of course your living expenses and that of your family are also covered by your income.

There is always the danger of getting a rejection, so it would certainly be wise to contact a lawyer before applying for the visa, in order to make sure that the documents are sufficient. If you get a rejection you could spoil even the prospect of getting at least a tourist visa in future, because then the Embassy would always assume that your mother will not want to return to India anymore.

Best regards,
Csilla Iványi
Attorney-at-law

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24 April 2006

Send a question to Csilla Iványi at germany@expatica.com

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