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Posts posted by Aihal

  1. Just an update, the layoffs eventually happened around end of 2016.


    The company didn’t even bother arguing or distinguish years of service in Germany or outside. 

    so the original posts points never came to be exercised.


    i’d say to be cautious just have a sentence added to your contracts that reflects your full service history is calculated for any benefits in the New company.




  2. I am very confused about these Bayern specific holidays; and its labor law implications.


    So.. Lets say, I have a GmbH located in Muenchen; and one employee...

    Office location is also Muenchen.

    Customer is in Baden-Wurtemberg; and sometimes we are even on-site in customer offices.


    a) Can employee work on a Bayern specific holiday, if he is on-site with customer?

    b ) Can employee work, in-office (Muenchen) for this customer?

    c) Can I (the CEO) work on a Bayern specific holiday from office?


    Being a small IT company we typically ask "how high?" when customer asks "jump" -- but sooner then later I should know what constitutes labor law violation; and what does NOT.




  3. I just want to be able to get the citizenship, if I wanted to. 3 months X 85 = 255 euro is an ok exchange; assuming that's the bare minimum needed.

    I promise, I won't pay more than that... Scout promise.


    Plus, I was employed during this time, and shit loads of money is already, paid, just paying that extra 3 months is a reasonable investment I think.



  4. Ah...

    I think it makes sense for me to complete the remainder of my 60 months, since its just 3 more months of payment, so that I can qualify for whatever comes at the end of this long dark tunnel.


    Has anyone here done "Voluntary" payments and have any idea how the process works, and what amount they paid ? 

    • Whats the minimum you can pay to top up your payment to that mythical 60 month (note that I am at 57th month)
    • What's the application process like?


    AI HAL 9000


  5. Follow up question:

    I paid a total of 57 months of benefits through my previous (and only) employment in Germany, and then founded my own company.


    Can I pay voluntarily to retirement and 

    • Complete it to 60 months
    • Keep paying beyond and keep increasing my retirement salaries.

    How can one calculate the optimum point or amount of payments to get the most out of my hard earned cash?



  6. Hi All,


    I would like to clarify some questions I have about this 60 months retirement payments to qualify for retirement benefits (after 65 or so)


    1. Does this 60 month have to be
    • Consecutive?
    • With only one company?

    I have a friend who is under the impression that, you need to have 60 months paid with one employer and consecutively to qualify for retirement.




  7. Just wanted to share my story, in case there are similar people in our shoe.


    I am a US Citizen.

    My wife, a Ukrainian Citizen that moved here to Germany, 6 months ago, has her Aufhentaltstitel, and is just learning German at this point. Just got denied tourist Visa to USA for Xmas visit.


    The reason: Not enough evidence proving she is committed to stay in Germany.


    Consulate folks told me:

    • Non Immigrant Visa applicants are presumed to apply with the intention to Immigrate, and the burden of proof is on the applicant to prove otherwise. They didn't give the full list of qualifications (secret)
      • 3-5 years stay in Germany
      • Being employed for a while.
    • Consulate employees both agreed and suggested that it would be actually easier to apply for Immigrant Visa, and get it.
    • In fact, the Consulate employee has a wife with similar background, and since he knew the intricacies of the Visa Laws, applied to Immigrant Visa (Green Card) in USA.


    Long story short: This is crazy. 


    US is becoming less and less welcoming everyday.


  8. Ok now that we are gone through the process once, I can tell that insurance was not required during the process; despite getting it through



    First day we got the "Anmeldung" completed.

    Second day we applied to the Auslanderbehorde with the employment contract. Turns out there is a special location for "International Professionals" Northwestern Corner of Munich KVR. Unfortunately the lines are pretty long.


    It was surprisingly easy, and seems like the cruicial thing is the H+ rating on the college.


    Thanks for all the information.



  9. Another follow-up question, but this time, the question is for an USA Citizen that I am planning to hire.


    According to this link, an US Citizen can apply for AufthenV here in German.


    §41 Abs 1 of the AufenthV makes it possible for citizens of Australia, Israel, Japan, Canada, South Korea, New Zealand, and the USA to apply for residence and work permits (Aufenhaltstitel) at their local Ausländerbehörde within 90 days of arrival.


    Question: Does an application mean you can start working? Or do you need to wait its successful result?


    Tangentially, what should be the contract start date for such an individual? A Date that's after arrival date, but 1,2 or so months afterwards? Or it does NOT matter?


    Additionally the process indicates Full Health insurance.



    Applicants will need:

    • ...
    • Acceptable full coverage health insurance (not travel insurance)


    How do you get Full Insurance while in Germany, but not working yet?

    Supreme Thanks,

    AI HAL 9000


  10. I am curious if there are any hidden costs or taxes for buying " Gewerbeimmobilien"


    I am already an Eigentummer, and that process was, while costly, relatively understood, with no crazy extra fees.

    Now I am curious what it means to own an office unit.


    Anyone have an idea, does the city, building, etc. charge extra fees? Does it bring different responsibilities that a regular residential unit doesn't have.





  11. Hi All,

    I am a US Citizen that is now married to a NRA.


    I've been living in Germany for the last 5 years, and married this year.


    Since I've still have an heavy financial footprint in USA, I would like to apply for an ITIN for my spouse and file jointly going forward.


    I've read the W7 documents and it confused the hell out of me; anyone know the intricacies of applying for an ITIN for their NRA Spouse, while in Germany.



    AI HAL9000


  12. Thanks ALL for the help.


    Two additional questions.


    • Quote

      Proof that your salary exceeds the average in Germany by 1.5 times or 1.2 times for professions in shortage,


    1. How can I figure out what this rate is for a Software Developer?
    2. Anyone know any local (Muenchen) lawyer that's specializing in these kind of things? Writing an employment contract, helping out with whatever process there is with relevant authorities.

    Supreme Thanks,




  13. He is currently in Birmingham, UK. Turkish Citizen (non-EU). Has Bachelors in Computer Science.


    Start date is negotiable, and depends on me understanding the process, and by triggering it however it is triggered; whether with an employment contract, or something else.


    Here is an interesting link


    • For unregulated professions  – a recognized university diploma,
    • In case of regulated profession – present the acquired certificate,
    • A work contract of at least one year in Germany,
    • Proof that your salary exceeds the average in Germany by 1.5 times or 1.2 times for professions in shortage,
    • A written declaration by your employer in Germany,
    • A valid travel document,
    • Proof of no threat to the public policy, security or health of the hosting state,
    • An application form, filled either by you or your German employer,
    • Two passport-size personal photos, not older than 6 months,
    • Proof of application fee payment,
    • Health insurance proof


    Where are these "average salaries for professions in shortage" for Software Developers ?




  14. Hi Guys,


    I have a reverse problem then most people on this forum: 

    I am the CEO of a small IT firm here, and I have this contractor from a non-EU country that I would like to sponsor for moving here. I suppose that's the Blue Card.


    Anyone familiar from this side of the fence how this process works? What qualifications does the company need to have to qualify for this sponsorship?


    The contractor, for example, is uniquely qualified to this job, and finding a similar person locally would be nigh impossible (i.e. read hard to find)



    AI HAL


  15. Wow.. amazing work Sneaker there is actually 2 sections of the law that work together. 

    A follow up question, Section 30 starts like this:




    "A foreigner’s spouse shall be granted a temporary residence permit if "


    AND continues as you provided:




    by virtue of his or her nationality, the foreigner may enter and stay in the federal territory without requiring a visa for a period of residence which does not constitute a short stay,


    Additionally: Everywhere the word "foreigner" is used it refers to the partner living in Germany, and everywhere the word "spouse" is used it refers to the partner applying for VISA.


    Then, Would the following interpretation be valid?


    "So long the partner living in Germany is an American (or rest of the list) the incoming partner/spouse gets this exception, independent of the Visa applicant spouse's citizenship?"


  16. I am confused about the pamphlet quoted by the OP, and the relevant law covering this topic. "Section 30 - Subsequent immigration of spouses"


    There is some disconnect... Which law exactly gives the list of those countries for "Ehegattennachzug" Language exceptions quoted as below:



    you are a national of Australia, Israel, Japan, Canada, the Republic of Korea, New Zeeland or the United States of America etc..


    I could not find the relevant law and subsection. Anyone have an idea?



  17. Hi All,

    Last week I tied the knot.. Hurray.

    So next step is getting the Wifey, non-EU Citizen a Visa.


    The embassy application for "Beantragung eines Visums zum Nachzug des Ehegatten/Lebenspartners" form mentions the requirement for a handwritten and signed document...


    Since my German googling skills is horrible, I was hoping someone here may have this done before, or have an handy link to some boilerplate version that I can copy down?



    Formlose und eigenhändig unterschriebene Erklärung des in Deutschland lebenden Ehegatten/Partner, dass beabsichtigt ist, die eheliche Lebensgemeinschaft/ Lebenspartnerschaft in Deutschland zu führen.







  18. I think after collecting ~300 hundred euro of overdue fee, I was put into the collection list.

    My credit card company, upon taking wind, simply closed my credit card account.

    and I just received my Schufa report; it indicates now I am not credit worthy or some sort of shit. Something about: "Eintragungsanordnung in das Schuldnerverzeichniss"


    i.e. I give up. this Schufa rating is somewhat important enough that I will pay up. :-)


    Lets see how I clear this. Not even sure where to apply to pay up.