Recognition as a de facto couple

24 posts in this topic

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

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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?

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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).

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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.

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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)

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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)

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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.

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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.

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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.

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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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Hello guys,

me ( Indian ) and my girlfriend (German)  met in Rome and I have a looking for work visa in Italy and I wanna move to Germany with her and we have been in relationship for 3 years so I would like to ask is there anyway I could apply for any kind of visa ?

 

thank you

Bunny 

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4 minutes ago, BunnyBugs said:

 

me ( Indian ) and my girlfriend (German)  met in Rome and I have a looking for work visa in Italy and I wanna move to Germany with her

 

jftr: If you want to move to Germany you need a German visa, not an Italian one.

 

4 minutes ago, BunnyBugs said:

 

and we have been in relationship for 3 years so I would like to ask is there anyway I could apply for any kind of visa ?

 

 

You can apply for any kind of visa you want – but not based on your relationship with your girlfriend. It would be different if you two get married. 

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Thank you

But EU should recognise an unmarried relationship if it's stable and there's no information regarding how to prove it 

 

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9 minutes ago, BunnyBugs said:

Thank you

But EU should recognise an unmarried relationship if it's stable and there's no information regarding how to prove it 

 

 

Whatever you think the EU "should do": Germany recognizes married couples and registered partnerships (same sex). Not unmarried relationships, self declared "stable" or not.

 

There is no information because there is no way to get it acknowledged. You simply can not apply for a German visa based on your relationship with your girlfriend.

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3 minutes ago, BunnyBugs said:

Thank you

But EU should recognise an unmarried relationship if it's stable and there's no information regarding how to prove it 

 

 

There are already problems with "sham marriages" between EU citizens and Non-EU citizens can you imagine how bad the situation would be if they allowed such relationships to be recognised in such a way?

 

I know that this is not what you want to hear but there has to be a line drawn somewhere.  You options are;

 

1)  Get married.

2)  Find a job in Germany and get a visa

3)  Stay in Italy long enough to get a permit residence permit, which should then open up the same rights to move to other EU countries (this might need more investigation as to your exact rights as it can vary!)

 

You don't say what kind of work you do.  But if you qualify or have an EU bluecard then you might find it easier to move.

 

 

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15 minutes ago, dj_jay_smith said:

Stay in Italy long enough to get a permit residence permit, which should then open up the same rights to move to other EU countries (this might need more investigation as to your exact rights as it can vary!)

 

erm...no.  at least not if you have permanent residency in Germany.

 

I have a Dauernaufenhaltstitel (which is allegedly a step above a normal niederlassungserlaubnis, from the mobility standpoint) and while it might give me a small leg up when applying for residency elsewhere in the EU, it does not "transfer" directly - I'd still have to go through residency permit applications in the new location.

 

the advantage it gives me is that if I move to an EU country I can keep my permanent status in Germany longer before they revoke it (I think it's one year as opposed to 6 months...but please don't quote me on that).  That's the default, if I don't make special arrangements with the ABH before leaving Germany.

 

If you want to live in germany, get residency in germany.  Not italy, not france, not spain, germany ;)

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Thank you for the reply dj_jay_smith and lisa13

 

But I mailed the EU Union about my situation and they said that EU should recognize but there are no laws to prove how

 

I am a recent graduate in Rome (Master's in Transport Systems Engineering) and have a Bachelor's Degree in Mechanical Engineering. I have been applying for jobs for about 3 months now and haven't had any luck.

It's really frustrating and tiring.

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