Can a British Father of German Child Stay/Live/Work in Germany

16 posts in this topic

Hi,

 

My daughter was born here in Berlin in February. Her mother, a German (with US dual nationality) and I live separately splitting all time and costs of raising her. 

 

Brexit looms and I am English (with a US green card) - it seems there is little solid ground - and wonder, does my status as a father to a German child (I have the certificate of fatherhood/vaterschaftanmelgung) grant me the right to stay here and raise her ?

 

And are there certain forms I should be organizing ?

 

I've only be registered since November so in terms of preparing myself for Brexit, I am behind - i.e. have yet to pay taxes or get health insurance or establish what work I do here. 

 

So, in that regard, there is probably many forms to be filling but I wonder if anyone can shed light on the special aspect of my status as a foreigner and that is as my German daughters' father.

 

Many thanks,

 

T

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14 minutes ago, tom of england said:

I've only be registered since November so in terms of preparing myself for Brexit, I am behind - i.e. have yet to pay taxes or get health insurance or establish what work I do here.

 

What have you been doing since November?

 

Health insurance is mandatory in Germany (use the search function) and is a good place to start.

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You have no automatic right to live in Germany just because your child is living here, especially as are not married to and don't even live with her mother.

 

Having said that, if you have a job, pay your taxes, follow the rules and obey the law, and don't live of the state, then there would be no reason for Germany to kick you out after Brexit and your daughter would be seen as strengthening your ties to the country and the authorities prefer not to break up a family (even if you don't live together).

 

However, as others have pointed out, health insurance is mandatory.  So if you have been living here without it then this will work against you as you in the future, as the issuance of any visa or residence permit will be dependent upon it!   So get it sorted ASAP if you want to stay.

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Have you arrived direct from the UK? You have missed the 3 months period, which allowed you to join the public health here. Are you using your EHIC - this is only valid for 3 months as a visitor.

As noted by others, this might be a bigger problem for you.

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Some people go back to the UK and then come back and start again from 0, as it were, but if you have been registered since November, I don't think doing that will help you at all.

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I've come direct from the US, hence the Green Card. 

 

To avoid complications with my US status I opted to keep postpone 'plugging in' to the system as much as possible until I could secure my Green Card. This has not been successful and now I need to count my losses and go full steam ahead, securing my position here in Germany to be a father to my child. 

 

Now, understanding that living in the role grants no special rights, I shall get cracking. Thanks to all for their helpful comments.

 

 

 

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12 minutes ago, tom of england said:

 securing my position here in Germany to be a father to my child. 

 

Now, understanding that living in the role grants no special rights, I shall get cracking. Thanks to all for their helpful comments.

 

It would give you rights, however, you need health insurance in order to obtain a permit in the future. Your first step in establishing yourself in Germany is obtaining comprehensive health insurance.

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why did you go to all the trouble to get a green card (under dubious circumstances no less - you were in fact living in Berlin while finalizing your green card status, correct?) if you intend to live in Germany?

 

and especially since you were living in the US prior to moving here, you will have added trouble wrt getting health insurance.  Please do report back once you've accomplished that as this is a common problem, so any info about how you wheedle around it is helpful to others!

 

 

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2 hours ago, kiplette said:

Some people go back to the UK and then come back and start again from 0, as it were, but if you have been registered since November, I don't think doing that will help you at all.

AS he had not been living in the UK, and so was not covered by NHS, therefore no EHIC. If he returns to the UK now, there is a waiting period for NHS coverage ( emergencies are covered). He would need to  show utility bills to prove he is UK resident.

The waiting period would take him past Brexit, and who knows etc!

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6 hours ago, lisa13 said:

why did you go to all the trouble to get a green card (under dubious circumstances no less - you were in fact living in Berlin while finalizing your green card status, correct?) if you intend to live in Germany?

Hi All, thanks for the helpful feedback.

 

In response to the above, I was living in the US for some years prior to the unexpected relocation. I was trying to protect the GC through a system that I couldn't quite pull off in the time frame that I had. 

 

So, here, Berlin, it is. And health insurance is first port of call.

 

Danke

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Good evening, Tom!

I´m an insurance broker dealing mostly with non-Germans coming to or already living in Germany.

Your situation: you have NO access to (not free ) German public health insurance as you have not been living in a European country prior to moving to Germany and have not been in a public system in one of those European countries. PLUS: you registered in Germany over 3 months ago.

 

You have no access to private German health insurance - no job as  self-employed or employed and a high earner.

 

What can you do?

Easy: a private international insurance meetings BaFin requirements to get you started -- they don´t care about when your registered. However, if you have pre-existing medical conditions - they will accept you but exclude those conditions.But if you got run over by a bus tomorrow, you might complain about having no insurance at all.

 

Not so easy: get a fixed job earning over 450.01 euros a month (ie not an infamous Mini-Job ) and you will be acceptable for German public insurance but backpayments through to when you registered are likely...( I know it sounds strange ).

 

Brexit: God knows.

 

Disclaimer: I´m an independent insurance broker and authorised advertiser on Toytown.

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@JohnG

 

Sorry for gatecrashing thread OP/John - I am on my husband's health insurance/have been for 12 years but I am deregistering and moving back to the UK next month. Husband is staying here continuing to pay taxes/insurance for him and our eldest.

Do I notify the Krankenkasse straight away? (As I have rights of residency in the UK I can register with a GP straight away, non-emergency hospital care is a different issue where you have to prove habitual residency but I intend staying indefinitely).

But on the off chance that I go back to England and after 3 months realize I cannot make it work and I return to Germany (with our other two children - currently all five of us are on family insurance) would we be accepted back onto the family plan, would any gap in between have to be repaid if we had cancelled it on leaving, will Brexit have an effect on this if we are returning from a non-EU country or is it simple reuniting of family clause?

Many thanks in advance x

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On 7/31/2019, 8:34:33, tom of england said:

Hi All, thanks for the helpful feedback.

 

In response to the above, I was living in the US for some years prior to the unexpected relocation. I was trying to protect the GC through a system that I couldn't quite pull off in the time frame that I had. 

 

So, here, Berlin, it is. And health insurance is first port of call.

 

Danke

 

I don't think you can keep the GC if you live outside the US permanently.

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