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Post-Brexit residency requirements for UK self-employed

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Hello Toytown Germany,

 

Do you have a recommendation for a good Brexit immigration lawyer and English-speaking insurance agent who can advise about health insurance for UK self-employed in Germany? I have spent more than 40-hours researching this topic on the internet, only to find contradictory information. And today I discovered that my health insurance may be legally insufficient for post-brexit residency requirements.

 

I would appreciate advice on the following: 

1. As self-employed (gewerblich), is it required to have long-term care insurance (pflegeversicherung) in addition to health insurance? 

2. Regarding health insurance, to maintain new residency requirements as per the Withdrawal Agreement, must I have full private or statutory health insurance, or can I choose expat insurance from a German provider like Hanse Merkur? I understand that 2021 onwards, UK nationals must be 'living in Germany' to be protected under Withdrawal Agreement law, which is defined as having 'Wohnsitz' or habitual residence in Germany and not being abroad for more than 6-months each year. While I intend to be tax resident in Germany going forward, I will also be spending a lot of time back in UK and overseas. Therefore expat insurance is better for my lifestyle, however since by definition it is a travel insurance product for foreign nationals on temporary stay in Germany, I am concerned that it may be legally insufficient to meet residency requirements. 

3. Would long stays of more than 6-months at a hotel or a friends' place be compliant with residency requirements? Since I will be spending few months each year out of Germany, I would like to avoid paying for a full-year lease if possible. German law on this point states that owning or leasing a property is not the main criteria to establish residence and that one could be staying at a friend's place, but my friends' point out that I would need to re-register and de-register each time I leave and enter Germany or else they could be fined. Is this how its done? And how would it work with booking long stays at a hotel or serviced apartment?

 

Thank you so much for your insights. 

 

Best wishes 

Newmunchnerin

 

 

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To live in Germany, you need special German form of health insurance. Forget anything else. If you don't take it, sooner or later you will get a bill from the time you arrived retrospectively for the 'correct' insurance. So start from day one correctly if you want to avoid 10 of thousands of euros in bills a few years down the road. BTW, treatment in Germany is much better than you get in the UK, but it easily costs 5K plus a year in medical insurance.

 

As you were not resident Jan 1st when you needed to be, you are just another foreign citizen wanting to work in the EU. No residency rights. No work rights. Sure you can visit as a tourist and sure you might be able to make a few business trips, but not working regularly. For that you need a visa. 

 

Staying in a hotel or a friend house is the only option, as to rent somewhere you need a form which says you 'live' somewhere, a bit like registering for the UK council tax. Without this you can't rent, or open a bank account. That rental of an apartment in your name also triggers german tax residency, regardless of how long you stay in a year.

 

I would say best bet for a Brit who wants to work in the EU, is to first acquire a EU passport (marriage, parents, grandparents etc). A British passport is now largely useless for purposes other than tourism, except for certain countries (Ireland, Switzerland).

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Please check the Directory here on TT. Both firms advertising under "Insurance" come highly recommended, are known personally to many here on the forum and are both also active TT members.

 

Oops. Sorry, didn't intend to necro-post. Just saw the posting from yesterday and didn't realize the OP was from June. :ph34r:

 

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7 hours ago, the.frollein said:

Oops. Sorry, didn't intend to necro-post. Just saw the posting from yesterday and didn't realize the OP was from June. :ph34r:

 

...and has not been back here since the 1st July.

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