Rules for receiving Kindergeld / Elterngeld - Germany

Hi all,

I have tried to read the other threads about this topic but I could not get an answer to my question.

I went to submit Elterngeld forms today and I was told that I am not eligible for it because I have Paragraph 18 , section 4 (http://lexetius.com/AufenthG/18) in my visa (In the section - Anmerkung)! This basically states that I am allowed to work in Germany but only with a specific employer.

My background is that I have been working in Germany since June 2007. I am not a EU citizen and have the title "Aufenthaltserlaubnis". My wife is on a dependent visa and is working in the same company for 28 hours a week. She is now planning a break for 1 year (Elternzeit). My child was born in Germany 2 months ago.

Any help or information is appreciated.

Had anybody has this problem? I am not even sure now if my wife is eligible for Elterngeld.

Will this also cause a problem for Kindergeld?

u r eligible for eltergeld, provided the ur wife has a valid work permit or has asomething on her visa which says she can work here...It does not matter as to wat u have on ur visa...as u will claim eltergeld for one parent(ur wife)..if u jointly wanna claim eltergeld you must furnish proof that you(the husband) will work max of 30 hrs/week. They r bullshitting that u cant claim elterngld bcoz of the clause in ur visa. Go ahead and apply..the Landesbank will probably send u a form to get attested by the ABH. Once this is got the money will be sent to ur bank accout...I have been thru this recently.

Congrats on ur parenthood!

JH

ooplaa....u shud not have any problems applying for kindergeld too...

you should apply for an unrestricted work permit too. you are entitled to one since you have been working here for more than 2 years. this means you will can look for other type of work without going through the arbeitsamt process again.

The problem isn't that your visa is tied to one company, but rather that you haven't been in the country (and paying into the system) for three years AND your visa is tied to one company. AFAIK you aren't eligible for Elterngeld.

Kindergeld is a different story - there shouldn't be any problems with that.

And benny1: Your information is incorrect as well. Please don't assume that your personal experiences as an Australian citizen also apply to someone with an Indian passport.

If you are paying taxes etc in Germany, you are entitled to kindergeld.
Hansjans, your keyboard doesn't seem to be typing correctly, there are several letters missing from your words! Either that or you think you are sending text messages to someone. Try and write using English words, it doesn't matter if it's British or American English, so long as it's not idiots English.

I have a related question regarding kindergeld. I have two kids (1 year and 4 years old) and my wife is not working. I have been working with the university since July this year. However, I am on a tax free stipend, so don't have to pay any tax whatsoever. My aufenthalt is under para 20 (I don't know if it helps). I contacted a relocation firm which says that I am eligible for the kindergeld but I have to pay almost 200 Euros as their commission before they would proceed. Before forking out money I just wanted to get some opinion.

On one of the websites, I got the info that all tax paying residents with kids can get kindergeld. But I am not paying any tax.

I can't answer your specific question, but you should talk to the Arbeitsamt familienkasse directly to check your status. Don't rely on third parties, you're not doing anything illegal, so talk to the correct authorities directly.

Actually I tried but the person at Arbeitsamt refused to talk in anything but German, which is fine given that I am in D'land. And thats why I decided to contact the relocation agency. I was just seeking an opinion before forking out the money. I won't mind paying if I get 100% assurance.

Don't you know anyone at the university who speaks both languages and could accompany you on a visit? You could buy them a shitload of beers for their trouble and it still wouldn't add up to 200 yoyos...

I see tons of misinformation here. The OP might not qualify for Elternzeit/Elterngeld because of their residence permit conditions. And they might not qualify for Kindergeld either, but at least this one is not that bad, even if they do not get Kindergeld from the Familienkasse they will get the money back when they file their taxes at the end of the year via Kinderfreibetrag, and at the end of the day, it is the same.

https://www.elternimnetz.de/cms/paracms.php?site_id=5&page_id=26#5

Agree with JeffZ on first two points. Regarding point 3, any person who has worked here for 2 years is eligible for unrestricted work permit ( permit without the employer's name and not unrestricted residence permit). The main advantage is that you can switch employers without another trip to the foreign office.
EDIT - as mentioned in post #4

Hi minga,

do you know any link to the official rule which states that I can have the employers name removed. I tried to talk to the Auslaenderbehoerde about it but they told me its not possible for 5 years.

My case would be stronger if I could take a print-out of the actual rule with me.

Thanks!

There will always be a TT topic to help you. Check out the post #2 from shumi77. And about elterngeld, Visa under §18, Absatz2 is not eligibe.

Hello minga,

Thanks for the quick reply.

I have my Visa under §18, Absatz4 not Absatz2. Is this different or is it the same? I tried to read the rules but my German is not good enough to understand if Absatz4 and Absatz2 are different or is Absatz4 a special case of Absatz2 ?

Thanks!