Question about Resident Permit for Parent

49 posts in this topic

Posted

Hello,

First time poster here. I have a few questions. First off, my name is Matt and thanks for the replies in advance. I am a member of the US military and so is my wife. We will be moving to Germany in January. I have a few questions because I would like my mother to come live with us in germany. She will be there providing childcare for my 2 young children and I will be her sole provider. With that said, I have been doing a lot of research on what is needed to get her in the country and beable to stay legally. We already got her tourist visa which is good for 90 days. I understand she will need to apply for a Residence Permit once she is in country. As far as the Residence permit goes, are they usually approved? Is it an easy process? I have all the forms I need, all her passport photos, and am currently looking into health insuarance for her as well. The reason we are bringing her over as stated above is to care for my children. My wife and I both work crazy hours and it would be hard to find adequate childcare. My mother has recently came upon hard times financially and I have offered to take care of her and provide her an income, and in turn she will take care of the kiddos.

Is it worth me even trying to do this? Will it get approved? She will have a place to live, she will have an income, and she will only be there as long as we are there. And if it is possible and quite easy, where should I look for health insurance. Thank you in advance again, my mother is about to drop everything and move out there with us so I just want to make sure it is possible first. Thank you again. Oh and at this time I can not get her added as a dependent, so she will not be covered by SOFA agreements which is why I am trying to get the residence permit.

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Posted

Extremely difficult to get a regular residence permit.

This thread contains some information. Bringing an elderly parent from U.S. to Germany

This one deals with EU and non-EU parents. Taking care of elderly parents in Germany - Bringing them over from abroad to care for them

This pretty much sums it up:

I recently read a really interesting post on another website and I remembered this thread. Just in case anyone else is contemplating trying to have their parents move here, I thought I should add an update.

In a nutshell, even if they would have adequate health insurance, it is basically impossible for foreign non-EU parents to receive a residence permit for Germany (§36 Abs. 2 AufenthG).

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Posted

What exactly makes it difficult? If she was to obtain the health insurance and I show that she will be staying with me then why is it difficult? I have been trying to do my research and can't find much on this subject? Thanks!

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Posted

There's just no provision in the residence laws for non-EU parents. To get a residence permit you have to have a reason for being in Germany - married to a German, work, study, language learning etc. And older parent wouldn't fall under any of those categories.

This article has more information. Applying to live long term in Germany after you have arrived here

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Posted

About to read the link...but on another note she is not considered elderly. She is in her early 50's and her only reason for being there would be to take care of the kids. I need to figure this out because she is already preparing for the move. Hope I didn't jump the gun. Thanks for all the help.

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Posted

You're welcome. Yes, make sure you have all your ducks in a row before you come over or she'll only be allowed the 90 days. Even at her age she still needs a concrete reason for being in Germany, and looking after grandchildren isn't one of them (as unfortunate as that may seem) according the the rules. If she took up employment it would be another matter, but getting a work permit would also be extremely difficult and wouldn't fit in with your plans.

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Posted

Very true...looks like i might not be doing this after all. I wish I could find someone that has successfully done something like this

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Posted

I know a CIV who's been dragging his non-US citizen MIL all over the world with them. I'm pretty sure she doesn't leave the country every 90 days, though I haven't really paid close attention. I'll ask him how/what they did next time I run into him (might be awhile though), though he may have her listed as a dependent.

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Posted

Extremely difficult to get a regular residence permit.

This thread contains some information. Bringing an elderly parent from U.S. to Germany

This one deals with EU and non-EU parents. Taking care of elderly parents in Germany - Bringing them over from abroad to care for them

This pretty much sums it up:

Is there anywhere that I can find the document that was qouted in English?? I would love to look into it.

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Posted

Try the GoogleTranslate machine translation of that info4alien thread, see here.

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Posted

If you mean the thread on the info4alien forum, then no, there's no translation except Google.

But here's the paragraph of the Residence Act in English.

Section 36

Subsequent immigration of parents and other dependents

(1) By way of derogation from Section 5 (1), no. 1 and Section 29, (1), no. 2, a residence permit shall be issued to the parents of a minor foreigner who holds a residence permit pursuant to Section 25 (1) or (2) or a residence permit pursuant to Section 26 (3), if no parent entitled to legal custody is resident in the Federal territory.

(2) Other dependents of a foreigner may be granted a residence permit for the purpose of subsequent immigration to join the foreigner, if necessary in order to avoid particular hardship. Section 30 (3) and Section 31 shall apply mutatis mutandis to adult dependents and Section 34 shall apply mutatis mutandis to minor dependents.

Proving hardship would be almost impossible.

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Posted

slight tangent, your mother hardly has european parents/ grandparents that would entitle her to a passport of that European country and thus unlimited residence anywhere in Europe?

Otherwise, I'm finding it difficult to find the exact law on the tourist visa, but the german national tourism board says that the visa waiver is for " three months in a six-month period."

You could still have your mother come 3 months on and 3 months off, and again 3 months on/ off etc etc. The other 3 months you could cover with a live in au pair maybe?

Not a perfect solution but what can you do.

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Posted

Oh and at this time I can not get her added as a dependent, so she will not be covered by SOFA agreements which is why I am trying to get the residence permit.

Why not?

What exactly makes it difficult?

She doesn't really have any purpose to be here. How easy would it be for a foreigner in her 50's to receive a residence permit for the U.S? Do you really think it is reasonable to expect that any foreigner who wants a permit should automatically be issued one? You can't get your mother approved by your own goverment as a dependent, yet expect a foreign government to just issue her a residence permit without a valid reason? I personally can't see any justification for your attitude that your mother should have a right to a permit.

If she was to obtain the health insurance

Have you even looked into the cost of German health insurance? Residents of Germany are required to have German (or BaFin approved foreign) health insurance. Comprehensive health insurance is not cheap. I'd suggest you send either Starshollow or John.G an email asking for a quote.

and I show that she will be staying with me then why is it difficult? I have been trying to do my research and can't find much on this subject?

First, I think you also need to remember that officially you are not even resident in Germany (therefore, your mother would not be even eligible to apply under §36 Abs. 2 AufenthG). Second, Germany is looking for young educated immigrants with technical skills and really is not interested in an American woman in her 50's. See the Make It in Germany website for info on Germany's immigration policy.

I know a CIV who's been dragging his non-US citizen MIL all over the world with them. I'm pretty sure she doesn't leave the country every 90 days, though I haven't really paid close attention. I'll ask him how/what they did next time I run into him (might be awhile though), though he may have her listed as a dependent.

I think having the mother listed as a dependent is the best option.

Otherwise the OP will need to hope for a very accomodating ABH.

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Posted

Why not contact your servicing personnel department and ask about how to add your mother as a dependent? This is common enough in the military that DFAS has a process in place to help. Here is a PDF file that gives all the information:

Military Pay Secondary Dependency Guide

Here are some of the documents you must complete and provide to your servicing office:

1. DD Form 137-3 Dependency Statement - Parent

2. DD Form 1172-2 Application for Identification Card/DEERS Enrollment (The DD Form 1172 was replaced by the 1172-2)

3. Relationship documents (such as your birth certificate)

4. Documentation verifying all her income

5. Proof of your contribution to her income or care

If you are successful, your mother will be listed as your dependent and be entitled to the same privileges as any other military dependent, including transportation in conjunction with your overseas assignment if you are command sponsored.

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Posted

Why not?

Because I have to prove she has been living with me for over 12 months and that I provide 51% of her living expenses. And she has not been living with me. She was going to move with us to help out with childcare.

She doesn't really have any purpose to be here. How easy would it be for a foreigner in her 50's to receive a residence permit for the U.S? Do you really think it is reasonable to expect that any foreigner who wants a permit should automatically be issued one? You can't get your mother approved by your own goverment as a dependent, yet expect a foreign government to just issue her a residence permit without a valid reason? I personally can't see any justification for your attitude that your mother should have a right to a permit.

Yeah why not? She is not going to be a permanent resident. Only staying with me while my orders keep me there. Thanks for being so rude.

Have you even looked into the cost of German health insurance? Residents of Germany are required to have German (or BaFin approved foreign) health insurance. Comprehensive health insurance is not cheap. I'd suggest you send either Starshollow or John.G an email asking for a quote.

Yeah I saw it is about 400 euro a month or more.

First, I think you also need to remember that officially you are not even resident in Germany (therefore, your mother would not be even eligible to apply under §36 Abs. 2 AufenthG). Second, Germany is looking for young educated immigrants with technical skills and really is not interested in an American woman in her 50's. See the Make It in Germany website for info on Germany's immigration policy.

I think having the mother listed as a dependent is the best option.

Otherwise the OP will need to hope for a very accomodating ABH.

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Posted

Why not contact your servicing personnel department and ask about how to add your mother as a dependent? This is common enough in the military that DFAS has a process in place to help. Here is a PDF file that gives all the information:

Military Pay Secondary Dependency Guide

Here are some of the documents you must complete and provide to your servicing office:

1. DD Form 137-3 Dependency Statement - Parent

2. DD Form 1172-2 Application for Identification Card/DEERS Enrollment (The DD Form 1172 was replaced by the 1172-2)

3. Relationship documents (such as your birth certificate)

4. Documentation verifying all her income

5. Proof of your contribution to her income or care

If you are successful, your mother will be listed as your dependent and be entitled to the same privileges as any other military dependent, including transportation in conjunction with your overseas assignment if you are command sponsored.

Thanks for the info. I have looked into all of that and heard DFAS is really strict on approving these. Plus I cannot prove I have contributed to her income. She does not live with me right now. I planned on doing this while in Germany but by the looks of it she is not going to beable to come with. If I could get her there for a year then adding her as a dependent would be a breeze.

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Posted

So, I just got off the phone with the German Consulate in San Francisco. Looks like I will be able to do it. She didn't say it wouldn't work. Just have to get the appropriate paperwork together. Biggest thing is going to be health insurance. But hopefully after a year she will be a dependent of mine and it won't matter anyways.

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Posted

OK then good luck to you but be aware that German consulates have been known to hand out incorrect information.

Please do get in touch with forum members and independent advisors john g. or Starshollow (he's on holiday right now, I believe) in regards to the health insurance issues your mother will be facing.

Yeah I saw it is about 400 euro a month or more.

More like €600.

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Posted

Could the OP not bring his mother on a one-year visa? He says that he can claim her as a dependent after one year, so might this not be a way to bridge that year? If he can then add her as a dependent, she is no longer "here" after those 12 months are up.

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Posted

On what basis do you think she would get a one year visa?? She doesn't fall into any of the visa categories that were mentioned earlier.

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Posted

Why is everyone on here so negative? Like it is impossible to do? Do any of you live around the military bases?

A guy I work with just got here from Spangdahlem AB and I was asking him questions about the residence permit. He said he knew numerous people that had their family (not dependents, so they did not fall under SOFA) that lived with them for their whole tour in Germany on a residence permit.

I just can't help but to think you try to tell people that it is impossible and that they just stop trying...I don't get it. Maybe I am wrong?

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Posted

health insurance?

Where is John G when you need him... :)

http://www.toytowngermany.com/forum/index.php?showuser=12515

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Posted

health insurance?

Where is John G when you need him...

http://www.toytowngermany.com/forum/index.php?showuser=12515

Yeah...you tell me...I emailed him...twice...and never got a response. Go figure! But I also found insurance for around 100 EURO a month that will cover my mother until I get her on as a dependent. And after browsing numerous threads in the visa section of these forums there have been other people in similar situations that have gotten permits with no problem. It is not like my mother will be a burden to Germany. My wife and I make over 6 figures/year and will be able to support her with out any problem. From what i have gathered from others here, my legal offices, and the consulate is that I will need the following:

-My mothers passport

-My rental contract

-Proof of financial stability (We will be supporting her)

-Health insurance

-A letter from the military explaining my situation

-Passport photos

And with this she should successfully get a 1 year permit at which time she will be a dependent under SOFA anyways.

What really gets me is the amount of negative posts I see on here bashing americans wanting to come into the country. What harm is it causing? My mother will be taking care of my children. Not like she will be wandering the streets begging for money. SMH

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Posted

hmm... I know that he has been quite busy lately. John is a great source of info an has helped numerous TT members, including moi.

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