Residence permit extension for a Canadian citizen

I have been reviewing and filtering all of the TT posts on freelancing, work and resident permits, etc. over the last couple of hours. Some are old posts, some specific to EU/non-EU citizens, etc. Frustrated, and in need of guidance, I thought I would share my situation in the hopes of some specific advice. Thanks in advance for any good or bad news, you can offer.

I am a Canadian citizen, as is my boyfriend (common-law spouse) who has a permit to work and live in Stuttgart until July 1, 2007. I came to Germany first as a tourist and then updated my status to a language student. No longer willing to accept my status as a student (and denied entrace into the university as I did not have sufficent certified German language instruction), the Auslaenderbehoerde informed me that in order to stay I needed to find employment. After indicating they would consider a freelance contract from a company in Holland (with the work do be done here), I submitted the paperwork. I spoke with the Argentur for Arbeit this morning requesting an update. They informed me that as the employer was not paying pension and unemployment premiums, I would be considered self-employed or freelance and it was not in their jurisdiction to approve a work permit and that I must speak with the Auslaenderbehoerde. They are closed today so I will call tomorrow.

After reading about the Jan. 2005 changes here on TT and the ezboard site, I'm convinced that I will not receive approval for this freelance position. I am in no position to invest 1million Euro, etc. and even if able, would not as I need only to stay 6 months beyond my current residence permit. I have a second offer, to teach English here in Stuttgart, but it too, is a freelance position.

I'm no longer a tourist, I have been denied for university studies, they will no longer accept me as a language student...do I have any options other than finding a permanent position before January (unlikely since it is fast approaching and I am only able to commit to June 2007) or run off to the Rathhaus in the absence of my friends and family (and loaded down with a ton of paperwork?). I'll be back in Canada for a month over the holidays, but I don't think that is enough to re-enter as a tourist--I believe I must be out of country for 3 months before I can re-enter. Maybe a ski chalet in Switzerland??

I have enough money to support myself, a spouse that will back me up if necessary, I have a registered residence, and private health insurance. I have taken German courses and communicate well. I buy groceries and goods, travel and spend money. I've had 30 people visit me here and support the German economy in doing so. What risk am I?

I need to figure out how I can stay here with my "spouse" until the end of June. Any ideas? How likely is it they will approve a freelance position and provide a work permit? You try to follow the rules only to be frustrated.

Thanks,
Kanada

my visa ended oct 1 and i left to go home for a wedding on oct 1. on oct 17 i was back in Germany. they saw my expired visa and said nothing to me, didn't even ask what i was doing back.

Before I left we (well, the mom/my boss i work for) called some random office and asked if i need to be gone for a certain duration of time or can i just come back whenever. The answer we were given is i did not have to leave for any certain amount of time and it'd be no problem to re-enter as a tourist.

Interesting. Did your permit expire before you left or while you were gone? I plan to return on Dec. 20th, but my permit doesn't expire until Jan. 11.

they can't separate you from your common-law husband! or does germany not recognize this? you might have to sit around and gain weight and iron his socks, but you're married or sort of! that should count for a whole hell of a lot. have you looked at this angle?

Oh yes, that is the first avenue we went down. Before we sold our house, and car and I left my job, we were informed that Germany would recognize our "marital" status as it is recognized in our home country. Nope. We submitted paperwork showing we co-owned a house, that we were seen as spouse for health insurance, for tax purposes, etc and they wouldn't except any of it. We needed paperwork specific to Canada recognizing our status. The Canadian consulate provided such a letter, but it was insufficient. Only if you have a formalized gay/lesbian union from Canada will they accept you as a married spouse.

my visa ended oct 1 and i left that day and returned about 2 weeks later.

Do they really need to know that you can only 'commit to June 2007'? I found a very good job (money wise) in South Carolina even though I knew that I was only going to be in SC for 4 months. I could not 'not' work for 4 months before moving to Germany and also, the situation might change (we may have had to stay longer if his contract was extended). In the end, I left after 4 months but no one was mad because they knew I was leaving to follow my boyfriend - they were actually very excited for me and helped me to get an interview with the German branch of the company.

Point being: what a company doesn't know isn't going to hurt them.

I agree with Kitkat, why do you have to tell the company?
Also, I don't know, I guess you did not read my input on one fo the threads about freelance work - I got a selbstandig (freelance) permit for office/customer service work this last may!! 2006. did not hear a word about the 1 million investment obligation or some such...if you reread may be it will help you. the behoerde people are often a very confused bunch, and they had to look up several things in some thick "law" book, while i was sitting there- so it is best to just come prepared and shove all the pertinent info in their face before they can get back at you with "that's not possible". bring an updated resume in german, bring a list of projects that are coming up which you need the freelance permit for (as a freelancer you must have more than one source of income, that is also covered in one of the threads extensively)- in german, bring all kinds of things, bank statemenst, just everything, you can never be too sure. i mean if i got it just 6 months ago, it's not impossible, PLUS i had a clear stamp in my passport that said "selbstandigarbeit" is not permitted or some such. and we reversed THAT! try to find that topic...good luck

oh, but you will also have to apply for a tax number, once/if you get your freelance permit, that you have to do through the local finanzamt, and while it is quick for some folks, mine took about 3 months, i had to send in various paperwork and at the end went to a steuerberater, after which i got my number in 2 weeks.

I think that the €1 million investment obligation is directed towards those people that are seeking to establish a corporation in Germany.

Anyway, I was able to get a freelance work permit no problem. I received my tax ID number before going to the KVR to get my work/residency permit, and took that info along with my freelance contract info, proof of health insurance and proof of renting an apartment and had my permit the same day.

I am American and am not sure whether the rules greatly differ for Canadians.

very strange, but good for you. the KVR people told me 1st the permit then the tax number...I'm also American...

I went to the KVR here in Munich in March 2005 to apply a freelance work permit as an English teacher. The Sachbearbeiter wasn't sure if I qualified or not and had to speak with the his boss about it. Of course, this was shortly after the AufenthG was changed, so I guess I couldn't expect them to know right off hand. The sad fact is that many Beamte still have NO clue about who is entitled to what residence / work permit (don't they teach them anything in Hof?) The fact of the matter is, Germany has reciprocity agreements with several ("preferred") countries and this, in essence, makes it somewhat easier for citizens of these countries to get certain types of residence permits under certain conditions. If memory serves me, and, admittedly sometimes it doesn't, Canada is one of these countries. In the end, I was issued a residence permit which allowed me to work as a freelance English teacher / trainer (and ONLY as an English trainer) according to the following - §21 Absatz 2 AufenthaltG. - This section deals with the reciprocity agreements mentioned above. Specifically, it states:

(2) Eine Aufenthaltserlaubnis zur Ausübung einer selbständigen Tätigkeit kann auch erteilt werden, wenn völkerrechtliche Vergünstigungen auf der Grundlage der Gegenseitigkeit bestehen.

If you decide to go this route, I would definitely take a print out of this section of the law with you to the Ausländeramt and, if you don't speak German well, someone who can - as well as the other required documents. If you any specific questions, feel free to PM me. I'd be happy to help.

Here's Plan B:

You should be able to get a residency permit through your boyfriend. More specifically, your boyfriend can sign a Verpflichtungserklaerung (VE), which states that he is taking financial responsibilty for you. Along with signing the VE, you will need to show an apartment rental agreement including a floorplan of the apartment (to show that it is big enough for the two of you), 2-months bank statements showing that he has paid rent for said apartment for the last two months and proof of health insurance (coverage that is valid in DE).

This is how my girlfriend was able to live here with me for the last 1.5 years.

The chick at the KVR initially gave the standard German response of "That is not possible.", but after making her talk to her supervisor, we wrapped things up in about an hour.

They do. The favoured countries change from time to time, with the last change in laws Americans and Turkish citizens were in and Canadians were out. My (Canadian) hubby managed to get a "self-employed" visa without the million bucks, but it cost a LOT in lawyers fees to fight it, and many many months. And even then, I'm not overly optimistic that his will be renewed next year. But we are married, so he'll be able to stay, but not work (I am employed full-time here).

My advice, if it's very important to you to stay for those 6 months: Get married. You can arrange it pretty quickly in Vienna.

@ persik: Actually, its not that strange. My experience thus far is that everyone has a different experience with the KVR. It doesn't seem like there is a standard procedure there and different KVR workers require different documentation for like situations. Regardless, going through all the hassle is a pain in the ass and they don't typcially make it easy for anyone.

I just went to the KVR this last week. They approved and gave me a one year working permit and that took 3 visits. They offered me 90 days to extend to get the paper work done no questions asked.

Another thing. I came on a working holiday visa. If you are under 30 you can get one. Sorry not sure how old you are but you could apply for one of those.

Or just go to the UK get a Holiday visa and travel eg (6 months) to germany. Should not be a problem. As long as you have a visa within the EU does not matter. Thats the good thing about the EU. Why not get a visa to study in Greece or Holland? Then just visit your man?

Aussie Steve

cause rules were meant to be broken

As a Canadian who moved over in 2003 this is the route my BF and I took. There was no issue whatsoever, I got one year permit off the bat.

A friend, and native-German speaker, kindly called the Auslaenderbehoerde for me today. She couldn't get all the details over the phone and in my absence, but she was told that the work contract was not approved and that I "no longer have a reason to stay in Germany". Interesting that they do not consider my "spouse", working in this country, as a reason for me to stay. Apparently I will receive a letter in a couple of days explaining this and that I will have an opportunity "to respond" to the letter.

Ironically. I received a call today regarding another freelance position to which I applied. I received the job and work begins next week. Without a work permit, I'll have to turn it down and ask them to consider hiring me into a salaried position, which unfortunately is doubtful. I have already turned down 2 other freelance positions as they needed to move forward with work before I could get paperwork approved.

I will try going the VE letter of support route as suggested (thanks). Although I want to be optomistic, I feel this option may be coming too late in my game.

Anyone aware of the rules of how long one must be out of the Swengen states before they can return as a tourist? Perhaps I go home at Christmas and return after my current permit expires--as a tourist and stay until the middle of March. Three and half months apart is better than six.

Thanks all for your concern and helpful comments.
Kanada

Ah--forgot to add: Working holiday a great idea and one that I had investigated. Unfortunately, I am too old to apply! Damn. I also thought that since my great-grandparents were Scottish, I may have access to an "EU" passport. Nein-- via parents or grandparents only.

Not even through your grandparents under almost all situations actually, so you were miles off!

Oh, good to know. Nevertheless, I needed to try all avenues!

it is pretty hard to stay in germany now. I am Canadian citizen as well and I finally managed to stay here but my husband tried to become self-employed and Canada is not one of the favored countries. Why don´t you go back to Canada it is such a great country

a polish friend of mine went selfemployed as a cleaning lady,It's called IchAG.try asking in the job centre if you can do that.it means you don't need any capital and you only pay tax on what you earn over 400euros.

I'm sorry to hear that, Kanada. I was afraid that would happen. It was a terrible struggle for my husband to get the permit last year, and I'm pretty sure he won't get it renewed. Which means, we either try to struggle on one salary here, or go back. I remember the guy at the KVR was pretty pissed off that it was so hard for Canadians to get permits right now. I heard a vague story about how our lovely new government pissed off the DE government somehow with respect to immigration, and it's a tit-for-tat situation. Or maybe something wonderful will happen, like the Harper govt gets kicked out on its ass and everything returns to normal. One can dream.

I hope you find a solution soon.

My residence permit expired this past February. I totally didn't know it expired until I got a letter from the Landratsamt Ebersberg. I went to the Gemeinde in Poing and needed to fill out a Verlängerungsantrag with the Bestätigung from the Gemeinde. I had everything they required to extend/renew my residence permit, and I was expecting to receive it that day by going to the Landratsamt in Ebersberg.

But, according to the Gemeinde, all the documents go by internal mail and they said it would take at least 1 week to process!!! I'm flying to Italy this coming Saturday, but now the whole vacation is in jeopardy. It's crazy how the KVR in Munich have processed my previous visa extensions in a day, while Ebersberg needs more than week. I'm planning to go to the Landratsamt in Ebersberg this Thursday, asking them if they could expediate the matter.

Does anyone have any experience with a similar situation?

Thanks,
JumpmanPro

Going on Thursday won't help you at all because Friday is a holiday. If you go there tomorrow and find somebody sympathetic to your plight then it might be ready by Thursday, but the latter is a big 'if'... No harm in trying, though, so good luck!

Not only is Friday a holiday (Karfreitag = Good Friday) but also Monday is (Easter Monday). Yipppeeee

I'm not sure about going there or calling tomorrow. Me trying to figure out the German mentality: Since it is a short week this week and next, they might not be entirely sympathetic to my situation, but rather they want to process these requests before the extra long weekend.