Marriage of Germany blue card holder and non EU student

7 posts in this topic

Hello, 

 

Me and my girlfriend lives in Saxony Anhalt. I completed my masters and got a job in Berlin but she is still studying. We are getting married in December in India and will return to Germany in last week of December. We had a few questions regarding the whole situation. 

1. I want to change my tax class. I heard that first we have to do city registration but in my case we are living together since June. What will happen in this case and what will be the next step? 

2. Will I get tax benefits for this year? 

3. While coming back to Germany in December, my wife's visa will still be a student visa, can she change the visa status here? What will be the benifits if changing her visa to spouse visa? 

4. Is it possible if we marry in Germany this year and then in India after some time? 

 

I'll wait for the your inputs. 

 

Thanks. 

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1. Go to your local Bürgeramt and tell them you are now married. They will update the Melderegister and the Finanzamt should be informed automatically and move you both to tax class IV. You can request a change to III/V once a year but if you miss the deadline which I think you will if you marry in December, you will not lose out financially but you will have to wait until your 2022 Steuererklärung to get a tax refund.

 

2. Yes. You get the tax benefits for the whole calendar year even if you marry on new year's eve. You should get a nice tax refund for 2021 in January already if your future spouse is not working.

 

3. Don't know.

 

4. Don't know. The other way around is certainly possible however.

 

It may be quite difficult getting permission to marry here before year end. I'm sure Denmark would be much easier and quicker in your case.

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I can answer #4: Germany and India both joined the Hague Convention treaty. 

So, getting married in one country already makes you married in the other. 

You can't get married twice.

 

Problems with marriage in India and life in Germany arise when you need to prove the validity of documents from India to German officials. That can turn into a lengthy, complicated, expensive process.

 

But you could get married whereever is the quickest/easiest for you (like Denmark) - and then (later) have a big party (or two) with family and friends somewhere else :) 

 

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5 hours ago, Gaurav A said:

Me and my girlfriend lives in Saxony Anhalt. I completed my masters and got a job in Berlin but she is still studying. We are getting married in December in India and will return to Germany in last week of December. We had a few questions regarding the whole situation. 

 

Are you both Indian citizens? 

 

You should be aware that Germany considers India a country with unreliable documents and usually requires information to be verified by a Vertrauensanwalt. I would recommend going to your local Standesamt ASAP to obtain a list of documents you need to get married in Germany and then get married here and just hold the religious ceremony/party in India. Alternatively, you could get married in India and then submit your Indian marriage certificate to the Standesamt for verification. 

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1. & 2.  Your tax class changes after you get married. you can update your status at burgeramt with your marriage certificate. Your tax card is changed automatically to 4, when you change your marital status, you go to finanzamt and get it changed to 3, but the change will take effect from the next month i.e. your pay for the month will be reduced to tax card 4. but officially your tax class will be changed for the whole year, and you get your money back by filing taxes

eg. if you get married and change your status in December, and also manage to go to finanzamt in december to change to category 3, then your december pay will be on tax card 4(but in system your tax card has been changed to 3 for the whole 2021). from january you will recieve your pay acc to tax card 3. When you file for taxes in 2022, you will receive tax back from "(TAX1- TAX3)x11" (Jan to november) + TAX4-TAX3(December)

 

3. Yes, well she will not have to show her bank statements and her work limits will be removed.(she can work anywhere and as long as she wants)

4. No. Legally you can only get married once. You can get married here, and later have the cultural and religious ceremonies in India. I dont think Indian authorities will let you register new marriage, when you both are already married. (by the way I recommend getting married in Denmark, its faster and cheaper than in Germany)

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Thank you everyone for your time and effort. 

Point 3, 4 are very much clear now. Regarding point 1 and 2, 

What if I marry in India and come back to Germany in last week of December? Would we be able to register ourselves to bürgeramt before the end of year or does going therecand starting the application will be enough to get the tax class change? Because after reading all comments I see that German officials would want to verify the marriage and it can take long. 

 

My girlfriend doesn't earn more than 500€/month and my salary is somewhere above 5000€/month so I guess tax class 4 will not hurt that much. Am I right? 

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Don't get too fixed on the tax class. It's not the tax class that brings the tax advantages of marriage.

 

It's the fact you can elect to be assessed jointly for tax purposes that brings the benefit. This is called Ehegattensplitting.

 

The day you get legally married is the day from which you can enjoy the tax benefits. Not the day on which some guy in the Bürgeramt stamps some form.

 

If possible however it would be very sensible to get to the Bürgeramt before the end of the year to have the Melderegister updated so that the Finanzamt will become aware of your married status in 2021 and by default assign you both tax class IV but more importantly allow you to be jointly assessed for tax in 2021.

 

If your wife can expect to continue earning ten times less than you then go ahead and request a change of tax class from the Finanzamt (you to III, your wife to V) but this in itself doesn't bring the benefit, it just means your employer will deduct less tax during the year and you will get a much smaller tax refund when you submit your tax return. 

 

The only difference is when you get the money. I'm sure lots of people leave it at IV/IV so that they always get a nice tax refund. 

 

If your wife can expect to earn a similar salary to you after graduation then there's no point in changing tax class. 

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