Retaining NE and Naturalization

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Hi, i would appreciate feedback from knowledgeable members on a possible scenario. I have NE since about an year and might have the opportunity to greater responsibility where i work, which however requires moving me to a neighboring country. My family stays with me and my wife will start working shortly. If i decide to move for work, while my wife and kid keep staying in germany and i come back to germany over the weekends. Will i be able to retain the NE and possibly be eligible for naturalization in couple of years?

 

Will be glad to get your thoughts.

 

Thanks

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Didn't you get a paper explaining that it's invalid after 6 months unless you got permission from Ausländerbehörde (which shouldn't be a problem but talk to them first before making decision)?

 

It seems few foreigners know this fact while Beamters do not bother explaining. Sad.

 

For naturalisation you have to live in Germany, no loopholes.

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Thanks yourkeau, I am aware of the 6 month rule, however since i would be here during the weekend and holidays, will it not mean that I am still within my rights as far as NE and naturalization is concerned?

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Well, I'm not a lawyer to give 100% advice, that's why I'm a bit afraid to say "yes" to your question while then you lose Aufethaltstitel asa result.

 

I think if you keep your registration and keep paying health insurance contributions, yes, there shouldn't be any problems. But I advice to contact Ausländerbehörde anyway.

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@ bisdawra: 52 weekends = 104 days, i.e. about 3 months and 13 days do you have about 2 months and 10 days of holiday to make up 6 months. It doesn't bother me but you might have to deal with someone at the Ausländerbehörde who would want to be very precise about this.

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There is a difference between being taxed for having your center of life in Germany (i.e. family, house, kids) and using that for proof of uninterrupted residency for naturalization. You need to get a definitive statement from the Einbürgerungsamt that if you do that you will still be eligible for naturalization. Otherwise, that 8 year clock will start all over again. My unprofessional guess is that the Einbürgerungsamt won't see it the same way as the Finanzamt or the Ausländeramt.

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I can give you my experience. My wife and daughter stayed in Germany and I moved to Switzerland so de-registered in Germany and moved my official residence to Switzerland (Never surrendered my permit) fully intending that my wife and daughter (Also on permanent residence permit) would follow. Along comes the downturn and we decide that the wife will stay in Germany and I did the commute every weekend back to Germany. Fast forward three years and I move back to Germany with an internal transfer went along to the local amt and re-registered in Germany where the wife and daughter are registered but a different town to where I was registered originally and the beamter was not sure but asked the head honcho and all OK. Small amt with a big expat population. Then had to set up a second home as I am still commuting and the registration in the second location went OK. A few raised eyebrows as there was a gap in my registered period but seemed OK.

 

At one stage we did ask the local amt regarding my status as I was looking to move back and the statement from them was that since the wife and family had stayed and this was considered my central home it was no problem. We had also continued to file joint tax returns with my income as foreign source.

 

But check first as an uncooperative beamter on return could make life difficult.

 

If it is an internal transfer I would ask the local HR to get involved especially if they have a contact at the local amt.

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On 11/27/2014, 3:52:38, rhody said:

There is a difference between being taxed for having your center of life in Germany (i.e. family, house, kids) and using that for proof of uninterrupted residency for naturalization. You need to get a definitive statement from the Einbürgerungsamt that if you do that you will still be eligible for naturalization. Otherwise, that 8 year clock will start all over again. My unprofessional guess is that the Einbürgerungsamt won't see it the same way as the Finanzamt or the Ausländeramt.

  • clock doesnt start again if you have paid in the pension system 
  • past time counts at least in north germany
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On 11/26/2014, 8:52:38, rhody said:

There is a difference between being taxed for having your center of life in Germany (i.e. family, house, kids) and using that for proof of uninterrupted residency for naturalization. You need to get a definitive statement from the Einbürgerungsamt that if you do that you will still be eligible for naturalization. Otherwise, that 8 year clock will start all over again. My unprofessional guess is that the Einbürgerungsamt won't see it the same way as the Finanzamt or the Ausländeramt.

the clock starts at 5 years again

 

5 years are easily added to your profile

On 11/26/2014, 8:52:38, rhody said:

There is a difference between being taxed for having your center of life in Germany (i.e. family, house, kids) and using that for proof of uninterrupted residency for naturalization. You need to get a definitive statement from the Einbürgerungsamt that if you do that you will still be eligible for naturalization. Otherwise, that 8 year clock will start all over again. My unprofessional guess is that the Einbürgerungsamt won't see it the same way as the Finanzamt or the Ausländeramt.

  • clock doesnt start again if you have paid in the pension system 
  • past time counts at least in north germany
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On 28/04/2020, 12:24:02, SusieT said:

This thread is from 2014, I would guess that the situation is resolved by now?

Must have been

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