| View previous topic :: View next topic |
| Author |
Message |
Directive/2004/38/EC Guru
Joined: 25 Oct 2006 Posts: 6424 Location: does not matter if you are with your EEA family member
|
Posted: Fri Jun 15, 2012 3:20 pm Post subject: |
|
|
| sierra wrote: | so that means residence card can be applied any time when eu national and non eu spouse are present in country there is no requirement like that eu national needs to be exercising traety rights for 3 months before they can apply for the residnce card.
like eu national needs to be working for 3 months before they can apply the residence card or they can apply as soon as they arrive in host state and start job thanks |
You can apply for the RC on the same day as the EU person begins to work. But the member state can not require you to have it before 3 months are done. _________________ Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
 |

|
 |
sierra - thin ice -
Joined: 19 Nov 2010 Posts: 117 Location: eu
|
Posted: Fri Jun 15, 2012 5:06 pm Post subject: |
|
|
| hi frei so what was the proces you have to gone through before you could take employment in germany as you arrived in germany on a one month visit visa did they give you some letter explaining that you family member of eu national and allowed to work for employees or any card like over here in uk you get ni no etc. |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Sat Jun 16, 2012 12:49 pm Post subject: |
|
|
| sierra wrote: | | hi frei so what was the proces you have to gone through before you could take employment in germany as you arrived in germany on a one month visit visa did they give you some letter explaining that you family member of eu national and allowed to work for employees or any card like over here in uk you get ni no etc. |
Not much of a progress we have made so far, here in Germany houses to let are a bit difficult to come by, and thats what we have devoted our resources into finding that at the moment, most things still looks blurry to be honest.
Although I have been told by the foreign office that, there were no restrictions on my right to work on the one month visa noting much than that as I have not applied for the residence card. |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Sat Jun 16, 2012 1:06 pm Post subject: |
|
|
@ Directive just an update if you would have any idea on this,
we went to the town hall for our anmeldung, my wife included my name on the form, so we have an address now, getting a job for my wife would be the hard bit as she is pregnant and also her profession requires knowledge of the German language as she is an NHS registered Nurse.
My wife has been providing some services here and she is being paid in cash, (Hair stylist) her number of clientele is growing, and the pay is considerably good, I am wondering if my wife could be deemed self employed on that basis, and if so as she is being paid in cash for these services how would she be able to declare income for tax purposes if you have any idea on this.
Thank you |
|
| Back to top |
|
 |
Directive/2004/38/EC Guru
Joined: 25 Oct 2006 Posts: 6424 Location: does not matter if you are with your EEA family member
|
Posted: Sat Jun 16, 2012 1:58 pm Post subject: |
|
|
I am not sure what the German self employed rules are. Sorry. Is she being paid illegally (schwartzarbeit) or is it being transferred to her bank account and reported to the authorities? _________________ Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Sat Jun 16, 2012 2:11 pm Post subject: |
|
|
| She is being paid in cash and it gets paid to her postbank account by her. We are keeping record of these income so that we would be able to pay taxes on them, I know the taxes wont be hefty though . We do not even know which office we need to go to declare the income. |
|
| Back to top |
|
 |
Directive/2004/38/EC Guru
Joined: 25 Oct 2006 Posts: 6424 Location: does not matter if you are with your EEA family member
|
Posted: Sat Jun 16, 2012 2:16 pm Post subject: |
|
|
| frei wrote: | | She is being paid in cash and it gets paid to her postbank account by her. We are keeping record of these income so that we would be able to pay taxes on them, I know the taxes wont be hefty though . We do not even know which office we need to go to declare the income. |
You are doing the right thing.
But I am curious about her employer. Is her employer officially paying her? Or put another way, is her employer happy with your wife declaring her income as part of an annual tax return? _________________ Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Sat Jun 16, 2012 2:39 pm Post subject: |
|
|
She isn't working for no one, it is still a word of mouth thing as it is in that she goes to people's house to make their hairs or they come to us to have it done, transportation cost is included if she has to travel to them.
do we have to go to the tax office to inquire about paying tax on this income , and what is the office called if you know it |
|
| Back to top |
|
 |
Directive/2004/38/EC Guru
Joined: 25 Oct 2006 Posts: 6424 Location: does not matter if you are with your EEA family member
|
Posted: Sat Jun 16, 2012 2:51 pm Post subject: |
|
|
I suspect if you report it, it would count as self employed.
You would need to contact the Steuramt (or something like that). That in itself will be an experience! (Not sure it will be a positive experience unless your German is good) _________________ Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
 |
Stefan-TR Junior Member
Joined: 19 Jan 2011 Posts: 38
|
Posted: Sat Jun 16, 2012 5:58 pm Post subject: |
|
|
| frei wrote: | | She isn't working for no one, it is still a word of mouth thing as it is in that she goes to people's house to make their hairs or they come to us to have it done, transportation cost is included if she has to travel to them. |
If you properly organize this and sort out a health insurance for both of your, then you can get your residence documentation on the basis of your wife being self-employed.
| frei wrote: | | do we have to go to the tax office to inquire about paying tax on this income , and what is the office called if you know it |
You can ask your local chamber of commerce (IHK = Industrie- und Handelskammer) for advice, they would know all the administrative steps that your wife has to go through to officially set up her business and sort out her taxes. |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Sat Jun 16, 2012 6:21 pm Post subject: |
|
|
| Thank you for your input stefan, how expensive are the insurance annualy in germany for a family of 2 if you have a rough idea? |
|
| Back to top |
|
 |
Stefan-TR Junior Member
Joined: 19 Jan 2011 Posts: 38
|
Posted: Sat Jun 16, 2012 10:40 pm Post subject: |
|
|
| frei wrote: | | Thank you for your input stefan, how expensive are the insurance annualy in germany for a family of 2 if you have a rough idea? |
If one of you was working as an employee, the health insurance for him/her and the partner would be provided through the "Gesetzliche Krankenkasse" (the statutory health insurance system) and directly deducted from the gross salary.
If neither of you is an employee, e.g. if one of you is self-employed, then you'd have to find a private health insurance. You'll probably find plenty of comparison sites to see what tariffs can be offered to you.
As a guideline from http://www.cecu.de/krankenversicherung-selbstaendige.html I found:
| Quote: | Male, age 30, from 130 EUR / month,
Male, age 40, from 178 EUR / month,
Female, age 30, from 213 EUR / month,
Female, age 40, from 262 EUR / month. |
|
|
| Back to top |
|
 |
Directive/2004/38/EC Guru
Joined: 25 Oct 2006 Posts: 6424 Location: does not matter if you are with your EEA family member
|
Posted: Sat Jun 16, 2012 11:24 pm Post subject: |
|
|
Often the private insurance is actually cheaper than the public. Or it least it was when I bought insurance. Very odd. _________________ Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Sun Jun 17, 2012 6:43 am Post subject: |
|
|
| Thanks guyz I will keep you informed of progress. |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Sun Jul 08, 2012 7:39 am Post subject: |
|
|
I will firstly thank God for progress being made,and then to everyone who have contributed to my thread thank you for your support and guidance especially Directive2004/38/EC.
We have moved out of the Munchen Area, houses seems to be too difficult to come by in Munchen, so we are in Bremen at the moment. we have 2 job opportunities in Bremen and we shall decide which way to go on the two.
We have been to the Auslanderbehorde, they noticed that my one month visa has expired and they didn't say anything to me orally, I am guessing they might be asking for a valid visa prior to making an application for residence card. My wife was issued a Bescheinigung gemass & 5 FreizugG/EU.
The visa man listed their requirement and I can hardly understand some of it so I would need anyone with the Deutsche knowledge to help me with a human translator Google doesn't seem to be doing a good job at that.
NationaLpass mit visum, this is the particular one I didn't understand which seems to be a valid visa to me not sure what it is.
he then again requested to have the marriage certificate legalized, he also requested house contract, and after seeing our Anmeldung which was under the same address I am not prepared to give him that as I do not even have it.
Now my point is if the Auslanderberhorde refuse to accept my application, until all (his) requirements which are not required in the directive are fulfilled to whom can i turn to for assistance? the application form he gave me doesn't say residence card or EEA or EU something like that, it says on it application for granting a residence permit, is this the normal practise in Germany?
And finally on the form it asked how long I am planning to stay in Deutschland, it ask for from date and ending date shall i just put N/A in those field or something.
Thank you in advance. |
|
| Back to top |
|
 |
ALKB Junior Member
Joined: 26 Mar 2012 Posts: 24 Location: Soon somewhere else
|
Posted: Sun Jul 08, 2012 1:19 pm Post subject: |
|
|
| frei wrote: |
We have been to the Auslanderbehorde, they noticed that my one month visa has expired and they didn't say anything to me orally, I am guessing they might be asking for a valid visa prior to making an application for residence card. My wife was issued a Bescheinigung gemass & 5 FreizugG/EU.
The visa man listed their requirement and I can hardly understand some of it so I would need anyone with the Deutsche knowledge to help me with a human translator Google doesn't seem to be doing a good job at that.
NationaLpass mit visum, this is the particular one I didn't understand which seems to be a valid visa to me not sure what it is.
he then again requested to have the marriage certificate legalized, he also requested house contract, and after seeing our Anmeldung which was under the same address I am not prepared to give him that as I do not even have it.
Now my point is if the Auslanderberhorde refuse to accept my application, until all (his) requirements which are not required in the directive are fulfilled to whom can i turn to for assistance? the application form he gave me doesn't say residence card or EEA or EU something like that, it says on it application for granting a residence permit, is this the normal practise in Germany?
And finally on the form it asked how long I am planning to stay in Deutschland, it ask for from date and ending date shall i just put N/A in those field or something.
Thank you in advance. |
It should actually say something like: 'Aufenthaltsanzeige EU-Bürger und deren Familienangehörige'
Maybe you have been sent to the wrong department? It sounds like he is treating you like the spouse of a German national...
I´d contact (or have somebody call on your behalf) the head of the EU team at the Ausländerbehörde in Bremen:
http://www.stadtamt.bremen.de/sixcms/detail.php?gsid=bremen116.c.5811.de
You have to scroll down quite a bit, it´s the first telephone number beneath 'Leitungsfunktionen'.
Good luck! |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Mon Jul 09, 2012 6:15 am Post subject: |
|
|
| Thank you very much for that information, I will try and get someone to ring for me this morning. |
|
| Back to top |
|
 |
docteurbenway Member of Standing
Joined: 13 May 2011 Posts: 117 Location: Germany
|
Posted: Tue Jul 10, 2012 6:18 pm Post subject: |
|
|
Hi, frei
could you please provide more information, what segment are you working on (public, private, etc...)
Since these things are case specific please provide detailed background info
Thanks |
|
| Back to top |
|
 |
frei BANNED
Joined: 07 May 2012 Posts: 319 Location: Deutschland
|
Posted: Wed Jul 11, 2012 2:57 pm Post subject: |
|
|
Thanks docteurbenway, My wife is working in a private sector, she had just been handed the work contract. They talked about legalizing my marriage certificate again, the Embassy in Ghana says they have stopped all legalization and has been replaced by a verification method. I do not know if we will be responsible for the verification fee which is around 560 euros. And more so since I was issued a visa by the embassy one will assume they would have done these checks before the granting of visa.
If you have any idea on this kindly shed some light.
Thanks |
|
| Back to top |
|
 |
Directive/2004/38/EC Guru
Joined: 25 Oct 2006 Posts: 6424 Location: does not matter if you are with your EEA family member
|
Posted: Thu Jul 12, 2012 10:01 am Post subject: |
|
|
| frei wrote: | The visa man listed their requirement and I can hardly understand some of it so I would need anyone with the Deutsche knowledge to help me with a human translator Google doesn't seem to be doing a good job at that.
NationaLpass mit visum, this is the particular one I didn't understand which seems to be a valid visa to me not sure what it is.
he then again requested to have the marriage certificate legalized, he also requested house contract, and after seeing our Anmeldung which was under the same address I am not prepared to give him that as I do not even have it. |
Can you please send me a copy of the list they gave you. Email address at http://eumovement.wordpress.com/about/
Your wife is an EU citizen. She is working. Correct?
If so all you will need to provide is two passports, a marriage certificate, and any simple proof that she is working, such as a payslip OR a letter from her employer. THAT IS ALL.
Did you get a visa to enter Germany on the basis of your marriage to your EU citizen wife? _________________ Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog |
|
| Back to top |
|
 |
|