How easy is it for foreigners to buy property in Germany? Can you stay in Germany if you divorce your German spouse? And can you take your pension contributions with you when you leave? Expatica's expert on German law Csilla Iványi answers readers' questions.

Galina Sanderson writes:

Thank you in advance.

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Dear Mrs. Sanderson:

Unfortunately this restriction will last until 

• you and your husband get the so called Niederlassungserlaubnis, which allows a permanent and unrestricted stay or 
• you already have your residence permit for four years. 

Up to this time you would have to apply for a special "Arbeitserlaubnis", the work permission, whenever you have found a suitable job. The authorities will then check whether there are more privileged people to be served first (EU-citizens or people with the mentioned Niederlassungserlaubnis for instance) and whether the working conditions are comparable to those of Germans and EU-citizens. 

There are a number of employments though, that don't require a permission, like working in a spouse's own business, working as scientist, artist or also working as a journalist for a foreign news agency and others. You will find a list of these options in two regulations called "Beschäftigungsverordnung" and "Beschäftigungsverfahrensverordnung". If you plan to work as a CEO or in a similar managing position with commercial procuration, you also don't need a working permission, you would then only have to convince the authorities that you are allowed to work self-employed or freelance. The company or your clients would then have to confirm to the authorities that your qualification is special and best to fulfil the requirements of the job.

I hope I could help you for the beginning. If there are any further questions, please contact me again.
 
Yours sincerely,

Csilla Iványi
 
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Carel Kusters writes:

Real estate agents in Germany: when are you in a contract with them- can you step away, even if they have given you an address, but signed no contract?

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Dear Ms. Kusters,
 
As to the question regarding real estate agent in Germany:

The contract is valid, even if it wasn't a contract in writing: If you approached an agent and asked him for addresses it will be easy for the agent to prove that there was an oral agreement between you and him, provided that in the end a contract regarding this object has been signed. It all depends very much on individual circumstances, there is lots of case-law regarding such questions. The disputable issues concern for instance the question who has to pay provision according to the initial agreements (buyer or seller or both ?), how many different agents are involved, has the address been conveyed by the owner himself, has the buyer approached the agent or vice versa etc.

I hope I could help you, but if there are still open questions please contact our firm.
 
Regards,

Csilla

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Melanie Grey writes:

We are a family from Scotland who have been living in Germany for 3 years. My husband is employed locally by GE Money Bank. If we move back to Scotland at the end of this year, what do we do about transferring the pension payments my husband has paid here?

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Dear Melanie,

There are treaties among the EU states regarding pension payments being paid during your stay in another country than your home country. The content - roughly - is, that the monthly payments cannot be refunded, but the times having paid here in Germany will be acknowledged.

Either you have stayed here long enough in order to get a German pension additionally to you Scottish pension - this will be after five years of working and paying here or after three years here and including two years of payments in the UK.

Or your German years can be acknowledged in the calculation for your Scottish pension. In order to find out what's best in your case, you ought to turn to the Landesversicherungsanstalt Hamburg, who is in charge for the UK, North Ireland and Ireland but also for non-EU states like Canada and the US. You can find general information in English on their website: www.lva-hamburg.de
 
Regards,

Csilla

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Pilla writes:

In the last Expatica news, you answered Barbara about living in Germany. You said that residence permits can be granted if you have enough estate to support yourself and the family without help from the state.
 
My husband and I want to retire in Germany. We are US citizens. What test does Germany use to determine if  you have enough estate?
 
Thanks,

Pilla (almost Csilla! Do you pronounce the double-l as ly?)

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Dear Pilla (no, the double-l in my name is pronounced as ll, it's a Hungarian name),

The authorities determine an income as sufficient when it exceeds the amount of social welfare which is considered as minimum living wage. The present rates are:

• EUR 345 per month for the so-called head of the household
• EUR 311 per month for every other adult member of the household
• EUR 207 for children from 0 to 14 years
• EUR 276 for children from 14 to 18 years

The total has to be added to the monthly rent and then you have the income per month which has to be substantiated. This income of course can be reached also by a pension, by interest out of bank accounts or bonds. It's up to the applicant what (s)he decides to show to the German authorities. They will not investigate on their own to find estate, but will rely on the given information by the applicant to show his estate.

I hope I could help you - if you still have questions, please do not hesitate to contact me again.

Yours,

Csilla
 
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Richard writes:

I am a citizen of the USA and am thinking of purchasing a second home.  Germany comes to mind as I spent many wonderful years there in my younger days.  Can you tell me if this is a fairly straightforward proposition or are there complex laws/requirements that make buying a home difficult?  Many thanks in advance.

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Dear Richard,
 
There are no restrictions for foreigners to buy real estate in Germany. Laws and requirements regarding such a transaction (such as mandatory notarial deed, tax on purchase of real estate) are being applied on all buyers notwithstanding their nationality. So you can just go ahead and fulfil your wishes.
 
Regards,

Csilla
 
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An Expatica reader writes:

My father comes from Hamburg Germany and I have a German passport. I live in South Africa and will be travelling to Germany for a 1 year working assignment.

My question is does my South African wife and new born son qualify for a German passport and am I free to work and stay in Germany as long as I wish? What are the restrictions for my wife to be entitled to get a job in Germany?

Thanks.

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Dear reader,

When you have  a German passport, you are entitled to live and stay and work in Germany as long as you wish. Your child is German as well, thus you should apply for a passport ("Kinderausweis") at the German Embassy. Your wife is entitled to accompany you to Germany, but before you have to apply for a visa. This procedure unfortunately will take a while (up to 3 months), so you should apply for it well in advance. Your wife will have the right to work whatever she likes. She can apply for German citizenship after 8 years of residency in Germany, but she will then have to give up her South African citizenship.
 
Best regards,

Csilla

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FAIstrom writes:

Dear Csilla,

I read your column with great interest and now have a question myself...

At the moment I live in the Netherlands, however I'm considering renting a flat in Germany for less than 183 days and deregister in the Netherlands. I believe that when I give up my flat and deregister in the Netherlands then I am no longer resident. However, since I plan to stay in Germany for less than 183 days and can support this with a short term lease am I then also not resident for tax purposes in Germany? (for your understanding of the scenario: after 5 months I would then move on to another country). The advantage would be that if I in the mentioned period would work in a third state then the income would be taxable at source at a lower rate and without world wide income taxation…

Thanks a lot in advance for your answer.

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Dear FAIstrom,

Please note, that you'll become a "resident" of Germany - under tax legislation - after staying here for a certain period or renting a flat. For the time of your stay you'll be a taxpayer in Germany for your worldwide income, unless there are other provisions in double tax agreements. 

Furthermore your taxation depends on kind of income. Will you work as an employee or self-employed?

Only in case of work as an employee you have to consider the 183-days-rule, but it's always a question of the corresponding double taxation agreement. Mostly these agreements determine that income is taxable in the country of residence, if the employee stays in the other country at most 183 days and the employer is not a resident of the other country.
 
Please have a look in the corresponding double tax agreement.
 
Best regards,

Csilla

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Gabby writes:

Dear Csilla,

I am responding to the facility on the Expatica website to "ask the experts".  I have a legal question about my security deposit for a flat/house.  When moving out, is there a limit to the amount of time the old landlord can keep your deposit?  I have heard rumours that it took the last tenant two years to get their money back.

Also, the old landlord has said he is happy with the house and there are no repairs necessary (so far), but he has said that a downpipe from the guttering has frost damage and we will need to pay for the repairs.  However, he owns three houses next to each other, which were all built at the same time, and I have discovered that all three houses have developed this damage.  They are 12 years old and their damage is a swelling or bowing of a section around the leaf trap in each of the downpipes.  Does this not mean that there seems to be a fault with the manufacture of the pipes, rather than a misuse by the tenants?  For all three houses to develop the same fault in the same year seems very suspicious to me!

However, could I ask for a portion of my deposit back (it is a very big deposit), and the landlord can then keep a small portion as security for the possible cost of repairs/future bills (for the end of the year calculation of side costs etc).

Any advice would be gratefully received!
 
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Dear Gabby,

You asked some questions regarding a tenancy agreement. Here are the answers:

1. For the landlord there is no legally determined deadline to pay back the security deposit. But according to general rules elaborated by jurisdiction after six months the landlord has had enough time to find out what damage the tenant has caused and is obliged to give the security back and submit the statement.

If everything is settled earlier, the tenant can demand repayment earlier, the landlord would have to give reasonable grounds for his reluctance. In the meantime the landlord is obliged to place the money profitably, so the tenant could get the security back with interest. It is possible to ask for a portion if it's obvious that there is only one position to be clarified and there will be no further claims.

2. As to the downpipe from the guttering there is no doubt that normally the landlord is obliged by law to repair them or bear the cost for the repair. If he demands the repair be paid by the tenants he would have fixed this in the lease contract explicitly. Please see the contract whether you can find such clause. If there is such clause you should contact a lawyer, because it is not allowed to let the tenant bear all such risks.

On the other hand even if there is no such clause in some cases it's possible to demand the costs for a repair from the tenant, if the drain is blocked due to negligence of the tenant. Please check the contract also with regard to the obligation of cleaning the guttering. If explicitly only the tenant was responsible for it, again the contract should be examined, because it's possible to shift certain responsibilities, but not all of them.

The fact that all three downpipes developed the same damage at the same time is a very good argument that there is a fault with the manufacture, but no evidence. So the landlord can still argue that the tenant caused the damage - this question would have to be clarified in a law suit then.

I hope I could give you a first idea of your rights.

Regards,

Csilla

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An Expatica reader writes:

I am from Thailand and I married a German guy in June in Thailand but now I am in Germany and live in his house for 2 weeks now with my own daughter, who is 7 years old. She is Thai.

Now I am separated. I sleep with my daughter but still in his house. My daughter now start in the school.

I would like to ask you the following:

1. Can I move to separated to stay at the other place with my daughter in Germany area? Can I still live in Germany if I move to the other place not his house?
    
2. Can I work in Germany if I am separated?
    
3. For how long that I can stay in Germany while I'm doing the divorce step?
    
4. What i have to do if I must back to my country cause I want to live in Germany more with my daughter and she study now in Germany.

I wish to get help from you soon. I appreciate your help a lot.

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Dear reader,

The legal requirements for a stay without the German spouse are as follows: When you have lived together for two years minimum since issuance of the residence permit, the permit will be granted even without living together anymore. If you have lived together for less than two years the residency can only be extended in very few exceptions, when you can assert extraordinary circumstances, like being maltreated or abused. Your should go and see a lawyer and ask him for the requirements of § 31 Aufenthaltsgesetz.

Since you have been here only two weeks, there might be another problem: If you have still your visa and not yet the residence permit, the authorities usually reject the application for a residence permit when at the time of the application the applicant and his German spouse don't live together anymore.
 
Best regards,

Csilla
 
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November 2005

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 2005]

Subject: Life in Germany, legal advice, ask our lawyer