Maternity leave money support for newly arrived self-employed woman

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Hello Towtown community

My partner and I arrived a little over a year ago. I (French) have a full time job with TK health support, my partner (UK) is trying to start a business (still needs to register for health insurance, which is very hard with no stable income). She is full time self employed but makes little/no money for the moment. We are not married.

In the case she becomes pregnant, I understand as of right now there is very little help in terms of maternity money support. I read here https://www.howtogermany.com/pages/maternity_allowance.html that mandatory maternity allowance support is available for a few weeks before and after due date, and not available for self-employed persons. It does seem like it’s available for unemployed women though ( https://www.workingmother.com/this-is-what-happened-when-germany-paid-women-25k-more-during-maternity-leave#page-2 )!

On this article https://uol.de/en/iro/international-researchers-and-staff-in-oldenburg/bringing-your-family/family-benefits/parental-leave-and-parental-benefit/ it says it is relevant to your salary (65% of you salary and capped) and can be asked for as long as a year.

I am just scratching the surface and would love to hear from your personal experiences, or good explanatory links (in English better haha).

 

Would you recommend for my partner to take a full/part time job in order to have a record of stable salaries?

Does someone has experience as a self employed person on what type of help you can get?

What about unemployed women here? Can you have the unemployed status when all you tried to do since arriving in Germany was to self start up a business?

Who pays the maternity allowance? Part employer/part government? The health insurance (TK for instance)?

Would it make sense to get married/lebenspartnerschaftsgesetz (possibility to extend my TK health insurance to her for instance)?

 

Thank you very much in advance for your help and advice.

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I think you should be far more concerned about her residence status after Brexit and her lack of health cover in Germany

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and I don't understand this:

 

43 minutes ago, flaviodev said:

 

Would you recommend for my partner to take a full/part time job in order to have a record of stable salaries?

 

are you seriously talking about her getting a job for the sole purpose of getting paid maternity/child benefits in the future?  As opposed to her getting a job so she has a stable salary NOW? 

 

wtf am I missing here?

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Self employed might be entitled to maternity or sickness pay but it depends.  This outlines some details:

https://www.firma.de/unternehmensfuehrung/mutterschaftsgeld-fuer-selbstaendige-unternehmerinnen-darauf-muessen-sie-achten/

 

Certainly with no health insurance then you get nothing!  As the maternity pay is paid for by the health insurance.

And if she has been living here for over a year with no health insurance then when she applies she will get hit for back payments for all of that period.  So best to get it sorted ASAP.  Living in Germany with no health insurance is illegal, and given the Brexit situation then you run the risk of more problems later. One option might be to get married and have family health insurance, but I don't know the details and others can advise better.

 

Elterngeld is paid by the state, and this also applies to self-employed.  But is based on the average salary the months before the start of maternity leave but has a minimum of 300 euros/month even for the unemployed.

 

 

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Hello all and thank you for all your responses.

 

RedMidge/dj_jay_smith My partner is on her way to get a health insurance but it's not straight forward as a self employed person. Private ones are a trap and public ones like TK are expensive for self employed/small business. We are still looking at the best solution.

 

lisa13 I think it's a bit too soon for residency here in Germany as we arrived not so long ago. The terms of Brexit have not been settled yet so you are right if it goes bad, but hopefully the consequences won't be catastrophic.

For the second message: of course she is looking at making stable income. I am not saying she should need a job for for benefits. What I am describing is the situation where I am lucky to be able to support our living here while she tries to develop her lifetime dream business. As mentioned, she is self employed and is trying hard to make a living from it. The problem and source of this question I asked you are mentioning is because I read on the link I pasted that maternity allowance seem to be not allowed to self employed persons. I wanted to hear from people who are self-employed here and if they faced a situation like this one before. The suggestion of her getting a stable job was in the case a self employment status is making it very hard for support in general. My question was that maybe then she should better "pause" her newly started business for something stable in the case we decide to have a family, nothing more.

 

dj_jay_smith thank you very much for your message. We will look into this asap.

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4 minutes ago, flaviodev said:

...

 

lisa13 I think it's a bit too soon for residency here in Germany as we arrived not so long ago. ...

 

If you are living in Germany then you are already resident!  

 

 

 

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6 minutes ago, dj_jay_smith said:

 

If you are living in Germany then you are already resident!  

 

 

 

Right! And OP said in first post- "Arrived a little over a year ago".

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6 minutes ago, dj_jay_smith said:

 

If you are living in Germany then you are already resident!  

 

 

 

haha yes I meant permanent residency =D She is registered here with anmeldung and all but the status of permanent resident is a bit different than just newly resident.

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Thank you very much for taking time to reply, this is very helpful. Starting a family is something we started to discuss quite recently, so any info is really much welcome. If the situation here is not great for us we always have options to go back and live in the UK but we really like it here. Just trying to get a grip on how things work here. Thanks a lot!

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20 minutes ago, flaviodev said:

Hello all and thank you for all your responses.

 

RedMidge/dj_jay_smith My partner is on her way to get a health insurance but it's not straight forward as a self employed person. Private ones are a trap and public ones like TK are expensive for self employed/small business. We are still looking at the best solution.

 

The problem is you don't have time to look for the "best solution". 

 

If one wants to live in Germany, one needs a German or recognized international health insurance. And a real health insurance costs real money. If one can't afford it or don't want it, one can't live in Germany. The minimum contribution for the self-employed in 2019 is around 190€. 

 

Your girlfriend came from a state health system and had three months to change to statutory (public) health insurance in Germany. The three months are long past. Therefore it becomes now particularly difficult. 

 

Quote

 

lisa13 I think it's a bit too soon for residency here in Germany as we arrived not so long ago.

 

You misunderstand. You've been resident in Germany for a year now.

 

You do this because of the free movement of workers, your girlfriend not, she iis illegal here - she doesn't work and has no health insurance. At the moment she flies under the radar, if the UK leaves the EU, not anymore. 

 

Quote

 

 

The terms of Brexit have not been settled yet so you are right if it goes bad, but hopefully the consequences won't be catastrophic.

 

Your girlfriend will have to leave Germany. Whether this is a catastrophe for you or not, you have to judge for yourself. 

 

 

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26 minutes ago, flaviodev said:

haha yes I meant permanent residency =D She is registered here with anmeldung and all but the status of permanent resident is a bit different than just newly resident.

 

I don't think you get it.

 

prior to Brexit she has had no need to apply for a residence permit of any kind.  there is no need (and I don't even think there's any possibility) for EU citizens to apply for permanent residence, either, as they don't need a residence permit at all.

 

post Brexit she will absolutely need to have a residence permit.  While it is still somewhat unclear how that will work for Brits already living here, the VERY BASIC requirements for non-EU citizens usually boils down to having a job.  Not only "a job" but one for which there is a general shortage of German/EU applicants, and/or is somewhat specialized in nature.

 

Your gf has not made any money in this "dream career" so far, and I would guess that this will not qualify to get her a residency permit, post Brexit.

 

then there's the health insurance thing, which has already been described in deep detail.

 

I find it amazing that this is all so funny to you - eta, I am truly glad you're not freaking out, but maybe you should...just a little bit :D

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Oh, and just add another point, flaviodev- your girlfriend cannot legally use her EHIC card as she is not a tourist or a student in Germany.

Could she apply for a part-time job ( but not a MiniJob) to get into compulsory public insurance and still carry on setting up her freelance/self-employment business?

Failing that: marry her and have all the kids you want at no extra charge on your TK insurance!😜

 

Edit: she could apply for a legally acceptable private international insurance whilst looking for a job and then cancel it upon getting a job and into German public insurance. This would help avoid backpayments into the German system if she did get a job.

Serious warning- but even a very good private international insurance has a waiting time of around 11 months to cover pregnancy.. so not ideal if you are indeed discussing starting a family...

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thanks lisa13 for sure Brexit situation is not ideal. We are following this closely be sure. FYI actually if anybody reading this want to have news about this:

 

https://www.bmi.bund.de/SharedDocs/faqs/EN/themen/migration/brexit/faqs-brexit.html

 

I personally have doubt that Germany would stop British people to stay if they don't work in a job with "general shortage of German/EU applicants, and/or is somewhat specialized in nature" like you mention. Not saying you are wrong, it might be after all, time will tell. It actually turns out her business she is developing falls under the type of work Germany is actually looking at having.

 

A bit out of the initial post focus but all very interesting and constructive. What comes out of this is the obvious need to sort out the health insurance situation. Just to add that my partner is registered here, has registered her business in Germany and has a valid EHIC card. I understand the urgent matter of the health insurance so we will sort this asap and leave family talks for another day.

 

Thanks again for all help and responses!

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2 minutes ago, john g. said:

Oh, and just add another point, flaviodev- your girlfriend cannot legally use her EHIC card as she is not a tourist or a student in Germany.

Could she apply for a part-time job ( but not a MiniJob) to get into compulsory public insurance and still carry on setting up her freelance/self-employment business?

Failing that: marry her and have all the kids you want at no extra charge on your TK insurance!😜

Thanks John. I just mentioned EHIC car in my previous post! I think you are right with the part time job. For the health insurance it will be of great help.

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1 hour ago, flaviodev said:

Thanks John. I just mentioned EHIC car in my previous post! I think you are right with the part time job. For the health insurance it will be of great help.

I do not think you understand- the EHIC  is only valid as a tourist/visitor for 3 months, she should have applied for health insurance here before that 3 months ended.

Please   look at Johng 's post- he is  respected Insurance expert.

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