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Newmunchnerin posted a topic in NewcomersHello Toytown Germany, Do you have a recommendation for a good Brexit immigration lawyer and English-speaking insurance agent who can advise about health insurance for UK self-employed in Germany? I have spent more than 40-hours researching this topic on the internet, only to find contradictory information. And today I discovered that my health insurance may be legally insufficient for post-brexit residency requirements. I would appreciate advice on the following: 1. As self-employed (gewerblich), is it required to have long-term care insurance (pflegeversicherung) in addition to health insurance? 2. Regarding health insurance, to maintain new residency requirements as per the Withdrawal Agreement, must I have full private or statutory health insurance, or can I choose expat insurance from a German provider like Hanse Merkur? I understand that 2021 onwards, UK nationals must be 'living in Germany' to be protected under Withdrawal Agreement law, which is defined as having 'Wohnsitz' or habitual residence in Germany and not being abroad for more than 6-months each year. While I intend to be tax resident in Germany going forward, I will also be spending a lot of time back in UK and overseas. Therefore expat insurance is better for my lifestyle, however since by definition it is a travel insurance product for foreign nationals on temporary stay in Germany, I am concerned that it may be legally insufficient to meet residency requirements. 3. Would long stays of more than 6-months at a hotel or a friends' place be compliant with residency requirements? Since I will be spending few months each year out of Germany, I would like to avoid paying for a full-year lease if possible. German law on this point states that owning or leasing a property is not the main criteria to establish residence and that one could be staying at a friend's place, but my friends' point out that I would need to re-register and de-register each time I leave and enter Germany or else they could be fined. Is this how its done? And how would it work with booking long stays at a hotel or serviced apartment? Thank you so much for your insights. Best wishes Newmunchnerin
idioma posted a topic in Berlin newsI am currently living in Berlin (EU citizen) and so far I have always been a permanent employee (I am a software engineer). I have just secured a fully remote job with a EU company and because they do not have a legal entity in Germany, I will need to be self-employed. This is meant to be for a limited period of time (around 3 months) as I will then move back to my home country (Italy - then there I will need to work out what to do) I certainly would like to avoid to incur in Scheinselbstständigkeit, but I have read that a Freiberufler / Freelancer can only work up to 80% of their time for one employer. I believe that such percentage only apply on yearly salary, is that correct? Here is my question. What is the best and of course legal way I can work as a self employed for a sole customer for such a short period of time? Would this be Gewerbetreibender / Self-Employed or Freiberufler / Freelancer? Do I need to set my limited company? What are the cost differences? More importantly, I would like to go for an option that does not break the bank for no reason. This is an initial advice then I am planning to consult with a tax advisor. Thank you
Hi all, I'll try and cut a long story short. I was a posted worker up until September last year working for a UK based company from Germany, as that posted worker status was coming to an end and I wanted to stay in Germany working for the same company I needed to then move onto the German social securities/insurances. I contacted AoK and the DVKA to see what the next steps were, after a few months they replied and contacted my employer regarding this, this slow process then continued into this year and my employer told me they do not want to register me with the German health insurer as they do not want a 'presence' in Germany. Instead I should go self-employed and they would be one of my clients (I know the issues regarding 1 client etc). So now I've had to go down the self-employed road, I thought this would be a simple process - but no, the health insures need a record of my last 12 months NI/social security payments in the UK - I told them that is normally something only they can apply for this SO40/SO41 and it would take 6 weeks to come through, they then said that isn't necessary as long as I can prove it with other documents, so I did that with a P60 and pay slips - I've also applied for some other proof from HMRC but they haven't replied. Now again some weeks later the German health insurer has sent me a letter to say they need an SO40/SO41!!!... the exact thing I told them they need to apply for!! So I feel like I am in limbo here, all the while I have been paying my NI/social securities in the UK but I don't know if that covers me, but how else do I get covered if the health insurers are so slow during this process I can't just pay privately (can I?) for a few months as then I understand it would be difficult or impossible to register with state health insurance. Thanks