Contract in Finland, Living in Germany

9 posts in this topic

Hi friends,

 

I have a peculiar situation (or so I think), and somehow due to overthinking, I have lost the ability to even find the right keywords to my problem (any hints there would also be useful). Here goes,

 

I have been offered a permanent job in Finland, which I'd like to pursue via remote arrangement (plus at least 1-2 weeks on-site per month). On the other hand, I am a non-EU citizen and have been living in Germany for more than 7 years (7.1 to be precise) - with Niederlassungserlaubnis, and currently in probation of another job.

My wish is not to leave Germany, at least before I get my German citizenship, and even if I do, I would like to return in a few years. The key questions which came to my mind are as follows,

 

- Can I live in Germany on my Niederlassungserlaubnis, and simply have a Finnish contract. I presume Finland would like to tax (plus pension, etc.) the salary at default. How to stop that so that I pay taxes, health, pension over here in Germany (which is a must as I am resident here)?

- If I now go to apply for my German citizenship after the probation period of the Finnish job (with valid Finnish job contract), should I foresee any problems there in the context of above?

- What other options are there to operationalize the above setting, i.e. living in Germany and work in Finland situation?

 

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Read below, only if you have time

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Other thoughts in my mind,

- Can there be a short term fix for above, e.g. I stay in Germany, work for Finland, for the next 9-12 months, and then anyway have my citizenship, so things are easier?

- I cannot change the Niederlassungserlaubnis (DE) to Daueraufenthalt (EU) now since currently, I am on a probation period of another job, plus they would ask me to come back in a few months and apply for citizenship anyway. 

- Get a German contract from Finland, and live happily ever after

 

If you have answers and/or recommendations, it'd be of great help.

 

Thank you so much!

 

EDIT: Finnish company does have a wide footprint in Germany as well, and is an EU-wide and international company.

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11 minutes ago, PandaMunich said:

Please read this.

Thanks. Still valid? In light of the edit I made above, i.e. the Finnish company does have a wide footprint (permanent establishments) in Germany as well.

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In that case, it's even easier, their permanent establishment in Germany gives you a German employment contract and since they're in Germany, they have to take care of everything, i.e. they will deduct Lohnsteuer every month and forward it to the Finanzamt and they will deduct social security, put their share of social security on top of what they deducted and again forward everything to the relevant German social security institutions.

 

You won't have to do anything, it will be like you were an employee of a German company. 

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1 minute ago, PandaMunich said:

In that case, it's even easier, their permanent establishment in Germany gives you a German employment contract and since they're in Germany, they have to take care of everything

 

1. You are of course right. The reason for my post is that they may not like to do it because of corporate reasons - we have the budget only in Findland, this department that department, etc. That's my concern.

 

2. Coming to think of it, even if this is the case, and I do get the German contract, I would virtually be working full-time for another country. Won't there be legal issues issues with that? I.e. German contract, but *always* deployed in Finland.

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2 hours ago, niland said:

I have been offered a permanent job in Finland, which I'd like to pursue via remote arrangement (plus at least 1-2 weeks on-site per month)

 

Quote

Won't there be legal issues issues with that? I.e. German contract, but *always* deployed in Finland.

 

Please decide what it will be:

  • Will you be living in Germany and doing business trips to Finland, as you said 2 hours ago? 
    or
  • Will you be living full-time in Finland, as you said 1 hour ago? Then you need a Finnish employment contract and have to de-register from Germany and register in Finland instead.
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I may have confused you. Its simple,

 

I will be living in Germany, and working in Finland (full-time). Practically this means making trips to Finland a couple of times a month, and the rest of the time working remotely from Germany, for the Finnish employer.

Additionally, the company does have a permanent establishment in Germany as well, but I have doubts that they will be ready to give me a German contract because of the reasons mentioned in the previous posts. Hence, the following outstanding questions,

 

-Can I live in Germany on my Niederlassungserlaubnis, and simply have a Finnish contract. I presume Finland would like to tax (plus pension, etc.) the salary at default. How to stop that so that I pay taxes, health, pension over here in Germany (which is a must as I am resident here)?

- Legally is it OK to live in Germany, and work full-time for the Finnish company, without having a work permit of Finland?

- If I now go to apply for my German citizenship after the probation period of the Finnish job (with valid Finnish job contract), should I foresee any problems there in the context of above?

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1 minute ago, niland said:

working in Finland (full-time)

 

No, you will be living and working in Germany and making business trips to Finland.

 

You could only be working "in" Finland full-time and living in Germany at the same time, if Finland shared a border with Germany and you would be living directly across that border in Germany and you would be crossing that border every day, as a Grenzgänger.

Which isn't the case.

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4 minutes ago, PandaMunich said:

No, you will be living and working in Germany and making business trips to Finland.

 

 

So living in Germany, and having a Finnish contract has no consequence to me at all? (remember I am not counting on having a German contract from the Finnish company). This then means that I will be making business trips to Finland to fulfil my full-time work contract in Finland, and that's all.

 

Based on the above information, I try to answer my own questions below,

 

-Can I live in Germany on my Niederlassungserlaubnis, and simply have a Finnish contract. I presume Finland would like to tax (plus pension, etc.) the salary at default. How to stop that so that I pay taxes, health, pension over here in Germany (which is a must as I am resident here)?

Yes, just talk to both Finanzamts, so I pay tax only at one place

- Legally is it OK to live in Germany, and work full-time for the Finnish company, without having a work permit of Finland?

Yes

- If I now go to apply for my German citizenship after the probation period of the Finnish job (with valid Finnish job contract), should I foresee any problems there in the context of above?

??

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