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have freelance visa but need to leave for undertermined time

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I am hoping someone on this forum may have some insight or experience to help my situation.

 

I am in Berlin on a freelance visa, I have been for several years and renewed it recently without any problems and have another almost 3 years on it.

 

As much as I love Berlin and my life here however I have had family matter come in my home country (Australia) that requires me to spend more time there to care for an elderly relative. I dont know if this will end up being a few months or a year as there is uncertainty inherently in the health matter. I do know that I want to return to Berlin after this situation resolves.

 

My question is a I dont know what I need to do legally - do I dereigister when I leave Germany for Australia? Does that mean my visa then is invalid and when I return that I have to reapply as if for the first time? And health insurance, I currently have a good private health insurance that cover the needs for my freelance visa, do I let that go or keep it going?  And of course taxes ... do I then pay tax for the time I am still here in 2020 and then register in Australia?

 

As my work is not tied to a place and is possible from anywhere there is internet I will be continuing to do my work, although a reduced amount as my time will be much more occupied with the caring role.

 

Is there somewhere I can find out this sort of information?   Any constructive tips/information is very welcomed and appreciated. :)

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You'll need to visit the Ausländeramt and plead your case. According to the law, your visa becomes void if you spend more than 6 months outside the country, but you can get that extended to up to 18 months with the office's permission. They'll tell you whether you can or need to deregister (I suspect you won't, because normally deregistering voids your visa as well, but I'm not absolutely certain about that part).

 

Does your health insurance offer worldwide cover? If so, you should stick with it. If not, ask if you can have your policy reduced to Anwärterstatus during your absence and arrange for alternative coverage.

 

Your worldwide income will be taxable in Germany for as long as you're registered here, so you'll definitely have to keep filing and paying for the partial year(s) you're here. I have no idea about Australian tax rules.

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thanks @El Jeffo thank is all helpful.

 

Would you (or anyone else) know if there is department in the Ausländeramt that hhelps for special matter such as this?! As the Ausländeramt is quite a beast to navigate :P

 

I will talk with my Health Insurance and ask for my options and start looking for a tax person in Australia to chat with so I can figure what to do - slight practical overwhelm with all this but I think it is good to have some ideas before I leave in a few weeks time.

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On 25.2.2020, 09:06:44, El Jeffo said:

They'll tell you whether you can or need to deregister (I suspect you won't, because normally deregistering voids your visa as well, but I'm not absolutely certain about that part).

 

Regardless of what the ABH says whether or not the OP needs to officially deregister depends on the BMG and the Bürgeramt.

 

Don't assume that one office knows how to correctly interpret laws outside of their own area of responsibility.

 

2 hours ago, kirakay said:

Would you (or anyone else) know if there is department in the Ausländeramt that hhelps for special matter such as this?! As the Ausländeramt is quite a beast to navigate :P

 

AFAIK there is no special department, but rather that you need to apply in the department where your file is.

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On 2/28/2020, 9:30:34, engelchen said:

 

Regardless of what the ABH says whether or not the OP needs to officially deregister depends on the BMG and the Bürgeramt.

 

Don't assume that one office knows how to correctly interpret laws outside of their own area of responsibility.

 

 

@engelchen  could you please clarify this comment above - as I have in my 10 yrs here I have not needed to deregister as I was regular here in Berlin, I am not up on the entire procedure required so not sure of the BMG you refer to?  And do you mean that the Bürgeramt and Ausländeramt dont agree/give same information? I do know you are not claiming to be an expert but some hints can be of help - even if that it is to find a immigration lawyer to talk with?!

 

 

 

 

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14 hours ago, kirakay said:

I am not up on the entire procedure required so not sure of the BMG you refer to? 

 

Bundesmeldegesetz

 

14 hours ago, kirakay said:

And do you mean that the Bürgeramt and Ausländeramt dont agree/give same information?

 

I'm saying that different offices sometimes have different definitions for the same term because the functions they carry out are based on different laws. You can't rely on one office to give you reliable info regarding what another office will decide.

 

14 hours ago, kirakay said:

I do know you are not claiming to be an expert but some hints can be of help - even if that it is to find a immigration lawyer to talk with?!

 

Ask the ABH for an exemption from §51 AufenthG §§6-7 and get written confirmation. 

 

After you sort everything out with the ABH, then contact the Bürgeramt. 

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