In her latest installment, Expatica's resident lawyer Csilla Ivanyi answers questions from readers who want to move to Germany, including one whose daughter is barred from accompanying her because of a 'past indiscretition.

Dear Csilla,
My name is Sheikh. I came to Germany to study in June 2000 from Pakistan. I attended German high school (Studienkolleg), which is a one-year prep course in 2002 and after, finished my BSc. degree in IT in 2006. I am now studying for my MSc. in IT and will finish my degree in March 2008. One IT company has already offered me a job (I worked with them as student employee. In June 2008, it will be eight years that I have been living in Germany. The IT company will pay me more than 32,000 euros annually. I heard that according to the German law, if I am in Germany for 8 years and I have work, I am eligible to apply for a German passport. I need to show 3 months worth of tax deductions when I apply. Kindly guide me on the German law.

Mohammad Sheikh

ANSWER: Yes, you can apply for a residence permit because the time as a student is acknowledged as lawful stay in Germany.

Dear Csilla,
My name is Nestor and I am writing from Venezuela. Ten years ago, I had a German child with my ex-girlfriend who is from Germany. We are no longer together. She had the baby in Germany and I stayed in Venezuela. We have been in touch over the years. Nonetheless, I am missing my child very much and would like to immigrate to Germany and live with him. Since I will not marry her and we are not planning to live together but I want to work and help support my child, is there any advice you could give me in order for me to establish legal residence in Germany? Is that possible to do? Can I apply for a residence permit even if I don't marry her and we don't live together but my child is German? I would appreciate any assistance you can give me regarding this matter as I do not want to be an illegal alien.

Nestor Vasquez

ANSWER: You have to apply for a visa called "Familienzusammenführung" in the German Consulate General in Venezuela. This will be a complicated and lengthy procedure. Please bring along the declaration of fatherhood regarding your legitimization. It would also be helpful, if you could prove that you kept in touch over the years (as evidence, you may provide a letter by the mother of the child, maybe also from the child) and that you supported her financially. If you feel that your request is not being processed properly or if there are problems in communication with the consulate, you should ask a lawyer for help. Please feel free to contact me.

Dear Csilla, I am a U.S. citizen and the company I currently work for is about to close on the purchase of a German company. I have been asked to move there to run this existing company. It is likely I will live there for 3 to 5 years. Should I be concerned about obtaining the necessary work visa or should this level of position make the process easier?

Also, I would like for my girlfriend to relocate with me. We are planning to get married but it is likely not possible before the move. In order for her to move with me, is it best if we give her a job position at the company as well?  Bruce

ANSWER: You will be able to obtain a residence permit in Germany. On this level, it is in fact much easier to get such a residence permit. You won´t need a work permit but the Immigration Agency will examine whether it is necessary that you - and not a German or any other privileged EU citizen - do the job. So please provide information and evidence that the company needs your special expertise (resume, diploma, professional experience etc). The same goes for your girlfriend.

Dear Csilla, Could you please explain me what an Abmeldebescheiningung is and how to obtain it? Monica

ANSWER: Everyone has to get registered at the "Einwohnermeldeamt," if he/she settles in Germany. If you move, change the address, leave Germany etc., you have to inform this authority. Abmeldebescheinigung is a form you can buy in a stationary store. it is necessary to fill it out with your current address and also your former address ie. where you were registered before.

Hi Csilla,
I am Egyptian and my wife and three children have German passports. We legalized our marriage in Germany 2 years ago and have been living in Dubai ever since. Do I have the right to apply for German passport or permanant residence status or even a work permit? I come frequently to Germany, so kindly send me your address so that I can visit your office.
Wael Toufik

ANSWER: You need to settle in Germany first to apply for the citizenship. After 5 years of living in Germany with your German wife, you can apply for the passport. But you can apply for a German residence permit in the mean time, if you want to move to Germany. And you are also entitled to apply for visa (e.g. business visa or tourist visa or visa to visit family members), if you want to travel to Germany with or without your German family. I would like to assist you in obtaining such a visa. Please contact me as soon as you need help.

www.arzinger.com

Dear Csilla,
My wife is already working in Germany and I want to settle there. What are my chances of getting a work permit and a job?
Abhishek pal

ANSWER: You can apply for a visa with the purpose of getting together as a married couple, the "Familienzusammenführung." Your wife has to assist you by telling the authorities that she is supportive of this. Pleas go to the German Consulate General and apply for the visa. Don´t forget to bring along the marriage certificate. If you need assistance, please contact my office.

Dear Csilla,
I am retired from the US Air Force and am currently employed with the Department of Defense as a civilian. I have been selected for a 3-year assignment to Stuttgart. I have a 19-year-old daughter who is considered my dependent until the age of 21, so she has a US military ID card. Normally, she would have been included on my orders and would accompany me with full benefits under SOFA; however, a past indiscretion has lead to her being disqualified even though she has never been arrested.

As a US military ID cardholder, I had assumed that if I paid her expenses and she got a job at a US Army facility, she would be able to stay with me in Stuttgart. Now, I've discovered that it's much more complicated. The US government is telling me that she will not be able to live with me in US government-sponsored housing and she can't stay longer than 90 days since she would be considered a tourist.

If I can't figure out a way to bring my daughter over with me, I'm afraid
I will have to decline the assignment. I'm exploring the possibility of US Army employment, in the hopes that she would be sponsored. Failing that, are there any alternatives outside the US military/government involving a visa?
Denise Vachon

ANSWER: Under the rules of German Immigration Law, as a US citizen you can try to get higher education in Germany. She could attend a university or Fachhochschule. Please do some research regarding the possibilities and qualifications required. Then she could get a student visa. Another possibility would be to get a job as au-pair for one year. After this one year, she might know better what to do.

Dear Csilla, My wife holds an Indian passport (though I am a British passport holder) and she has the status of ‘indefinite leave to remain’ in the UK and as such, is a resident of the UK. She travels regularly throughout Europe on business using a long-term Schengen visa. Her US/UK-based employer has offered her the opportunity to lead a German company that they are acquiring for a period of 6 to 12 months. Though she will not necessarily be based out of Germany and travel back to the UK most weekends. What are her options in respect to visas? And can she use her Schengen visa to continue travelling to Germany for the purposes of this temporary assignment? Will she have to pay taxes in Germany? Amit Vedhara

Dear Csilla, I am an American citizen who is currently living in France. I first entered France on a long stay student visa (visa de séjour) but could not apply at that time for the French residence permit, the "carte de séjour." However, since I prolonged my studies in France, I had to return back to the United States, and not just anywhere but to the local jurisdiction for my U.S. address and where I had my last visa issued, Chicago. Here, I was issued a new visa bearing the title to officially obtain my French residence permit. However, now I have a strong urge to move to Germany and have questions that seem not to be defined on any embassy website. Could you please respond with some helpful replies? Since on my visa it says, "France (+1 Transit Schengen), is the visa really valid for any other country in the treaty? Or is just valid for France, plus any other country I visit in the mean time? Even though I’m an American citizen, I’m technically now a French resident, with a French residence permit. And since all E.U. citizens and residents are free from border controls, is it possible to change my "carte de séjour" French residence permit to a German one? Rather, in effect, is it possible to move to Germany without having to obtain a visa for Germany. To me, it is a bit confusing to understand: When a long stay visa for one country, say France for example, has on it "[Country Name] (+1 Transit Schengen)" is it is intended for that country particularly? Or is it possible for someone to move to another member country. Raul Richard Cornejo

 ANSWER: Usually, as I said before, after 5 years of legal stay in an EU country, you are free to settle anywhere in the EU. But for students this is not valid. "France (+ 1 Transit)" certainly means that you can only cross one EU country but not stay there. As a US citizen, you can stay 3 months in the Schengen states without any additional permission anyway so I don´t understand this restriction at all. Please turn to your local immigration agency in France since they have stamped this into your passport they should be able to explain it.

28 September 2007

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 2007

Subject: Life in Germany, legal advice, ask our lawyer, German law, German lawyer, German legal system