Abmeldung 5 years later- was hosted not renting

12 posts in this topic

Hi everyone,

i would be so grateful if i could get a legal opinion on the following matter.

Well, first of you need to know that i came in Berlin as an Erasmus student from Italy (though i am semi-originated from a non-EU country, so i had a student visa) and i never did the Abmeldung since January 2014 when i left Berlin. I was not renting the apartment i was staying because i was hosted by friends.
My original plan was to go back to Italy and obtain my degree and EU citizenship and return to Berlin searching for a job so this is why i was so stupid and did not do it. Though life happened and i never returned. And i kept being stupid procrastinating dealing with it.
I recently have come to realization i may have to pay a fine for that.

Anyhow, my dilemma here is the date i should write on the deregistration form i will send to Bürgeramt is better to be a current one or the one from 2014?

Because my visa had been expired you know..so if i put a current date i may have to explain or pay another fine for supposedly staying in the country without a permission. However, since November 2014 i own EU citizenship. So i don't know, i guess from a point on, my staying in the country wouldn't be illegal.

Another thing i wanted to ask is whether or not i should include in the deregistration process some document form from the person who was hosting me (who was also the owner of the apartment).

Thank you so much in advance for anyone who would bother to try to help me.
Have a nice week and a great April.

 

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Have you been paying for health insurance for all that time you were out of the country? I guess this would be the most important thing to consider. More important than the fine for having failed to deregister.

I think there are other threads from people in similiar situations but I don´t remember the outcomes. Probably worth searching for them using keywords like "health insurance", "deregistration" etc.

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Hello Jeba.

Thank you for taking the time to answer to me.
I searched for similar topics before but never found something helpful.
Well, I was never registered in a health insurance programme in Germany. I had a European health insurance card from home.
Even like this you say i am in trouble?

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12 hours ago, troubled lady said:

Well, I was never registered in a health insurance programme in Germany. I had a European health insurance card from home.
Even like this you say i am in trouble?

You´re aware that the EHIC card is only for tourist stays of up to 90 days and not for residents, do you? So legally, you should be in trouble. However, given that you managed to fly under the radar for so long my guess is that you won´t be found out because there is no German health insurance which even knows about you and therefore could demand backpayments from you. So, it seems to me that you only have to worry about a fine for delaying deregistration and possibly the Rundfunkgebühr (depends on whether someone else in your household was paying already). Based on what I read on TT this doesn´t seem to be too much of a risk. At least I can´t remember reading posts about that somebody was indeed fined for deregistering late even though there are multiple posts of people who had forgotten to deregister.

 

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Jeba, you seem to be wilfully deaf. Even I, a mere female of disadvantageous age (unless experience counts for something) who has been out of the country for a decade (I mention that specially for El Jeffo) and not a lawyer (although I worked with them for long enough to become severely disillusioned by their kind...) can see that in 2019 and with computers talking to each other the dots could be joined up between university, Kreisverwaltung and KK...

 

Enter people on TT who actually know about this stuff...

 

Edit: In this case the OP's self-diagnosing handle is spot on.

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Were you just studying as an Erasmus-exchange student or did you do a paid internship as well? When I was an Erasmus student in Germany I didn't require a local health insurance since my Dutch insurance would cover that 1 semester when I was studying (EHIC). You are an exchange student and not doing e.g. a local 3-year Bachelor. You remain matriculated in your country of origin and you remain insured in your country of origin. This is taken care of on European level since it's an European program.

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Thank you all of you for your time to respond to my call.

@jeba i am certain that for the time i was actually living in Germany i was 100% legal. Regarding to the European insurance card its duration was indeed sufficient.

@LukeSkywalker

i was just an Erasmus-exchange student who didn't do a paid internship and i did 2 semesters in Berlin. I also had EHIC for that time.

So if you were me how would you fill in the deregistration form? With today's date or with 2014, when i actually left the country?..
Thanks again!

Kind regards,
troubled lady

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21 hours ago, jeba said:

You´re aware that the EHIC card is only for tourist stays of up to 90 days and not for residents, do you? So legally, you should be in trouble. 

 

You are aware that this statement is not true and you could be worrying young people taking part in the Erasmus exchange program unnecessarily.

 

The OP should put the correct date for 2014 on the form.

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4 hours ago, Kommentarlos said:

You are aware that this statement is not true

No, I´m not, or at least I wasn´t. I didn´t know there are specific rules for Erasmus students. I stand corrected.

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apparently, but the important part is she also left after she completed the two semesters.

 

anyway I agree with the others: use the date you actually left in 2014 as that is the truth and nothing but.

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