Germany - settling in Berlin ? (Portuguese + Non EU Spouse)

[liksah]

Hi everyone

Been lurking around these forums for ages and decided to finally ask since I have a burning question.

Me and the wife are planning to move to Berlin, Germany for the next few years.

I hold an Indian passport, she holds Portuguese.

I understand that we can move there as a part of her exercising free movement rights.

However, there are some requirements for me to acquire a German Residence Card.

First of all, we're both self employed, we run online businesses together and therefore have reasonable cash flow to make the move and set ourselves up in Germany to continue our work.

So far, the procedure seems to be:
1. Acquire regular Schengen tourist visa (can visit Portugal first to the in laws, etc.)
2. Go to Germany, rent a house in Berlin
3. Register the rental contract with the local police, get a certificate of some sort
4. Use certificate to get phone/internet setup as well as a bank account, the mandatory health insurance, etc.
5. Then go to the foreign office and try to acquire a residence card (may need a tax number also ?)

Now, I'm confused about the last step (5). It all seems very clear when people are either looking for jobs or are in possession of an employment contract.

How would this work for people who are essentially self employed ? We work online and therefore have not registered a company or anything. My work is in IT (programming) and her's is in Social Media, etc. I guess you could say we work in 'Technology'.

Also, slight confusion for Step 1. Everywhere I look it says that citizens of USA, Israel, Australia, etc. can enter Germany without a visa and then change their status but for others they need to use a 'D' visa. My understanding is that this text does *not* apply to spouses of EU nationals exercising free movement. Is that correct ?

If any of you have been through a similar process (relocating to Germany while being self sufficient i.e. not requiring employment) then could you please advise ?

Thanks in advance for any help!

[Ayyubi72]

Self employed people need to register as self employed according to the country's laws, and pay the relevant taxes. Process varies from country to country, so you will need to find out what exactly the process is in Germany. Once you are registered, then all the documents of registration will be submitted in lieu of employment documents. You may also need to submit your invoices, bank statements etc as a proof that you are infact carrying out self employment and not merely registered as a self employed.

Non visa nationals can land as a visitor in Germany and then change their status.

Visa nationals will need to have a "C" visa, and once they are in Germany, they will change their status.

To get this visa, what you will need is your spouse's passport and your marriage certificate. You do not need to explain activites you wish to carry out in Germany.

[ALKB]

Hi everyone

So far, the procedure seems to be:
1. Acquire regular Schengen tourist visa (can visit Portugal first to the in laws, etc.)
2. Go to Germany, rent a house in Berlin
3. Register the rental contract with the local police, get a certificate of some sort
4. Use certificate to get phone/internet setup as well as a bank account, the mandatory health insurance, etc.
5. Then go to the foreign office and try to acquire a residence card (may need a tax number also ?)

Now, I'm confused about the last step (5). It all seems very clear when people are either looking for jobs or are in possession of an employment contract.

How would this work for people who are essentially self employed ? We work online and therefore have not registered a company or anything. My work is in IT (programming) and her's is in Social Media, etc. I guess you could say we work in 'Technology'.

1. Get short term Schengen visa

2. Move to Germany

3. Register your residence at the Meldeamt and get your Anmeldebescheinigung. I recommend to pay the fee for an A4 paper certificate instead of just the flimsy carbon copy of your registration - you have to keep that certificate with you as proof of address, so it's good to have a more robust version. Your tax number will come by post about a week or two later. You don't need to ask for it.

4. Get your appointment at the Ausländerbehörde to apply for your residence card ASAP!! During the first 90 days you don't need to show health insurance (although it would be good to have at least travel insurance to avoid costly treatment in case you do get ill) or a job/self-employment. The application is usually quick and painless and you get the residence card 3-4 weeks later.

5. Go to the Gewerbeamt to get a Gewerbeschein (license for self-employment) fees are around 25€. Be careful! If you are renting, you might need consent from your landlord if you want to use your flat for business purposes. It is usually given if there are no clients coming and going at all times of day and night.

6. Register your self-employment with your local Department of Finance. Take a German friend with you if you can. German tax law is complex and civil servants are not required to speak English (nor are most of them particularly talented/inclined that way) you might have to decide on VAT registered or not, how often to submit accounts, etc. and it will be vital to understand what you are committing to.

Good luck, Berlin is a great place to live!

[liksah]

@ALKB - Thank you so much for the super detailed response. Looks like the procedure is quite straightforward.

So as I understand it, the self employment registration, tax details, etc. aren't required for the residence card because of the order you specified.

[ALKB]

@ALKB - Thank you so much for the super detailed response. Looks like the procedure is quite straightforward.

So as I understand it, the self employment registration, tax details, etc. aren't required for the residence card because of the order you specified.

If you apply for the Aufenthaltskarte within 90 days you only need:

-Your passport
-Your Anmeldebescheinigung showing both your and your wife's name
-1 current biometric photograph
- marriage certificate (translated into German by a official translator)

Your wife needs to accompany you and carry valid photo ID.

An appointment can be made online:

https://formular.berlin.de/xima-forms-2 ... EE153CB1CA

[logical_1]

@Alkb: I think an applicant has to provide proof of EU citizen exercising treaty rights if he/she wants to apply for Aufenthaltskarte. Correct me if I am wrong though.

[ALKB]

@Alkb: I think an applicant has to provide proof of EU citizen exercising treaty rights if he/she wants to apply for Aufenthaltskarte. Correct me if I am wrong though.

During the first 90 days of their stay, the EEA partner can exercise treaty rights as a jobseeker.

If they are on top of things and get their appointment early on, they won't have any problem - no need to show a job, health insurance or any financial information. Berlin has a quick no-fuss attitude towards issuing the residence card. They usually approve the card on the spot and the 3-4 week delay until the card arrives is due to it being printed at the federal printery.

Of course, that changes once the 90 days have lapsed.

[Charlesnic]

I just wanted to talk to a professional about my issues before I made any decisions. National debt relief answered all of my questions and gave me some really good adive. They tried to sell me on some of thier programs naturally, but I got a lot out of the phone call. Heres the number.. 855-531-0255 if anyone wants to give it a go.