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Recognition as a de facto couple

How long do you need to live together?

Toytown Germany > Discussion forum > Germany-wide > Life in Germany
Fiona
Hi,

Does anyone know how long you need to live with your partner before the German government will recognise a de facto relationship?

I am Irish and living in Munich with my Australian boyfriend. We would like to apply for a Visa for him to move to Ireland and apparently need a statement from Germany that we are longterm partners although not married.

Where do we go for this?
How long till we are recognised?

Fiona
Carm
really don't know, but if you have a copy of the ummeldung- for when you moved intogether that might work, or do they (Ireland) need an actual statement that you are a pair?
tom_a
Guess it depends on what exactly the Irish authorities require. Like Carm suggests, the Einwohnermeldeamt can certify that you are registered under the same address. But then, that could also mean that you are flat-mates (or even live in different apartments in the same building).
Mr T.
Not too sure on that one, but I know that you can get a Hausratversicherung for the both of you (you should have one anyway)! You can get a good deal and actually safe some money, because you can get the same offer on that kind of insurance if you are living in circumstances that are like marriage (Ehe-ähnliche Umstände). If an insurance company gives you the same deal than a married couple perhaps that does the trick...
If a German insurance company just claims that you are living together like a couple and use the same insurance policy maybe it will help! My girlfriend and I actually have that kind of insurance deal.
eurovol
Just get married.
DDBug
I would second that, but is it still true that you can't get divorced in Ireland. That would put the brakes on me.

(Yes, I am married, and no, I do not plan on getting divorced, but one never knows what can happen in 10 years)
Keydeck
You can get divorced in Ireland, BUT...read here for full details.
Fiona
Unfortunately being married doesn't help as you still have to wait around 18months for a work authorisation (although you can stay in the country more or less indefinately as a spouse).

The de facto situation just helps the Work Authorisation application come through quicker without actually having arranged work in Ireland before you move.

I was told by some lazy Stadtverwaltung person that no such legal situation exists in Germany which I find hard to believe as even on our little backward island, co-habitation is recognised by the state after a few years!

Also, Germans always use the term "Lebensgefährte" so they must have some official stance on when you are one or when you are just dating???

The insurance papers are a good idea but apparently we would need a state document - maybe the police? (I am loathe to ask them without being sure as I am sure I'll get the head bitten off me one way or another)
j-b
Hi Fiona. I'm Australian and live here with my german girfriend and can tell you that there's absolutely no recognition of de-facto here. Either you're married or you're not. I looked into it because it would have helped me too, but in the end worked out a way to stay here without the girlfriend having any influence. The germans figure that if you're living as if you're married then you should just get married and if you don't get married then you're not living as if you're married. The one exception that i can find, is that if you're living in a dependent relationship and one of you gets unemployment benefits, then they consider the other persons income regardless of whether you're married or not.
Fiona
Thanks a lot.
Guess we'll have to apply another way.
We'll get there somehow cool.gif
chipbag
hi Fiona, I guess your boyfriend doesn't have irish ancestors? I think it has to a minimum of a grandparent and then you can apply for an irish passport. In that respect, I think that the australian govt. changed the law recently so australian(-born) citizens don't lose their australian passport if they get a second-country passport that was not automatically avialable (such as when one parent is a foreign national). Also, if you can prove that an ancestor of his came as an irish convict to australia, I think that you can apply for an irish passport as well.
exquitius
errr. How can the lad stay in germay in the first place may i ask? EU Passport? If so then you just go down to the nearest social welfare office in Ireland and sort yourself out with a RSI card (or whatever daft name they have now).
Otherwise, is gettin married that much of a prob? My sister got married to an American in an "on spec" wedding in Reno (yup savage romantic that!!), and it was grand then for the fella to work in Ireland. Sign a few forms and bobs yer unkle, she can work in america and he in ireland. I think it was the smartest move she ever made. 5 years later and still hapily together.
As for irish passport- see here http://www.oasis.gov.ie/moving_country/pas...h_passport.html for details on passports.
Fiona
Thanks everyone,

not to worry... we do have other options open to us and will be able to move to Ireland no problem - this de facto thing just would have been another option.

Of course getting married wouldn't be a bad idea either - Call me old-fashioned
but I think I'd prefer to do it a tad more romantically and not rush it just to get a residency- Thanks for all your input anyway.

Fiona
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