Make anmeldung retroactive, is that a thing?

5 posts in this topic

hi!

 

Seems like I fucked it up and I need to solve this situation in the 'less bad' way, so I need some advise if possible.

I'm renting a room since August (2018), when moved here I didn't have the intention of staying for long, then I didn't do the anmeldung (I'm registered in the previous place I lived in), the next six months just happens too fast.

The person who rents me the room is receiving certain money from Arbeitsamt since February (2018), now they want to have proof I'm living here since August and not before (we have a contract, but seems like that is not enough) because if not they can accuse her of fraud for the money received with the pretension I'm living here from February.

Then, is there a way to be registered from a time in the past? (if it's possible without the need to pay a fortune in fines) or another kind of 'official' statement that can be presented in the Arbeitsamt and they believe me I'm living here and paying the rent since August? Thanks in advance!

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2 hours ago, jano said:

I'm renting a room since August (2018), when moved here I didn't have the intention of staying for long, then I didn't do the anmeldung (I'm registered in the previous place I lived in)

 

By failing to do an ummeldung you neglected your legal obligation to register at your new adress within two weeks which is an administrative offence as per the BMG (Federal Act on Registration).

 

See quoted Section 54 below for details on further administrative offences you and/or your landlady/main tenant may also be held liable for.

 

2 hours ago, jano said:

The person who rents me the room is receiving certain money from Arbeitsamt since February (2018), now they want to have proof I'm living here since August and not before (we have a contract, but seems like that is not enough) because if not they can accuse her of fraud for the money received with the pretension I'm living here from February.

 

The Agentur für Arbeit (name for the Arbeitsamt since 2003) are obliged to investigate all cases of suspected fraud and, even if no fraud was proven, to recover any funds paid in excess of a claimants entitlements. What they are doing is simply following their SOP.

 

If the person who is renting you your room is wise they will cooperate and tell the truth without trying to bluff their way out of it with BS. That way they may avoid prosecution and severe criminal penalties albeit they almost certainly will have their ALG II amount cut to reflect the nett rental income which you are paying.

 

If you are wise you will not get involved in concocting or confirming any deceptive statements which could see you being prosecuted for criminal offences such as aiding and abetting in, or being an accessory to, fraud.

 

2 hours ago, jano said:

Then, is there a way to be registered from a time in the past?

 

No!!

 

2 hours ago, jano said:

or another kind of 'official' statement that can be presented in the Arbeitsamt and they believe me I'm living here and paying the rent since August?

 

You could go to the AfA and make a sworn statement (Eidstättliche versicherung) to that effect and they would have to accept that as such.

 

However you should be aware that, should they subsequently be able to prove that your statement were untrue, you could be prosecuted for perjury since a sworn statement is considered to be equal in effect to one made under oath.

 

Quote

Section 54
Provisions on administrative fines

(2)  Anyone shall be deemed to have committed an administrative offence who, intentionally or negligently,

1.  fails to register, to register correctly or within the required period, in violation of Section 17 (1), also in conjunction with Section 27 (2), second sentence or Section 28 (1), first or second sentence, in violation of Section 29 (1), first sentence, or subsection 4, second sentence, or Section 32 (1), second sentence;

2.  fails to deregister or to deregister within the required period in violation of Section 17 (2), first sentence;

3.  in violation of Section 19 (1), second sentence, fails to confirm, to confirm correctly or within the required period that a person required to register has moved in or moved out;

...

6.  in violation of Section 21 (4), second sentence, fails to provide information, or does so incorrectly, incompletely or too late;

(3) The administrative offence may be punishable in the cases of subsections 1 and 2 nos. 12 and 13 with a fine of up to fifty thousand euros, and in the other cases with a fine of up to one thousand euros.

(Italics added for clarity) Source: Federal Act on Registration - Full Text (English)

 

Don't panic - the chances of you being fined anywhere near the maximum are probably still very low. When the BMG was introduced in Nov 2015 (replacing the former Länder registration laws) both the federal and Länder governments made it clear that they would observe compliance for 2 - 3 years before beginning to enforce the new penalty levels to their limit.

 

2B

 

Disclaimer: I am not a lawyer and none of the above purports to be legal advice. Only a qualified Rechtsanwalt or Jurist is authorized under German law to provide legal advice.

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Ask them nicely to backdate your Anmeldung when you register and show them the contract as proof of how long you have been living there. It is possible to backdate an Anmeldung by a lot longer than six months if they decide it is ok (have seen this happen). You may be fined, but not necessarily. They will probably be annoyed. It will depend on the person as to how this is handled, but sometimes they do have some tolerance for people forgetting to register in time.

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Just to be clear, none of us want or wanted to cheat the AfA, the person who rents me the room told in time to the AfA when I begin to live and pay for it, they cut the money gives to her accordingly, but later they decided to investigate more. 

I just wanted to find the less harmful solution to a problem I created, obviously I didn't think of the possibility of the existence of such thing like an investigation from the Agentur für Arbeit. The problem is not the money they may or may not ask to return, is the charge of fraud and seems like that involves a police record when it happens, we certainly want to avoid that!

 

Many thanks to both of you, I will probably try to go to the Burgeramt ask if they can backdate the ummeldung, if this doesn't work then probably the Eidstättliche versicherung will be the way.

 

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@jano I was in a similar predicament not so long ago (just not the Arbeitsamt bit). Yes - you can - and MUST retroactively do your anmeldung. The move-in date in any case becomes obvious when you present the Amt with the landlord /apartment offerer -countersigned anmeld document.

 

Worst comes to worst you will have to be pay a fine. This is not a criminal offence - it is a public order offence, but I can completely understand the worry. I was in bits until I had it sorted.

 

My advice is to sort it out immediately. In my case I had to pay a fine of around Eur 80, but I had a whole list of counterarguments to support my case, one of them being I was already anmelded, just not UMmelded, so it's not like they had never heard of me before. I paid the fine immediately and sucked it up. 

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