Living in Germany & Tax Residence in Ireland

[AD26]

Hi All,

I've been reading this site for the past couple of days, but I haven't found any information on my situation.

Currently I'm a non-EU citizen (US) married to an EU citizen (German) & living in Ireland. Currently I work for an IT company that allows me to work from home 95% of the time. We would like to move to Germany next year, while I keep my job in Ireland. Currently I pay Irish tax & I'm on the payroll in Ireland.

I'm trying to find out what my options are for this in terms of legally living there (I qualify on a marriage visa) and from a tax stand point (not having to pay taxes twice).

I understand that once I have a place in Germany I go to the Ausländerbehörde to register. After that do I go to the tax off and present my P60 or pay slips and sign a form?

Any information or direction where I can find information would be greatly appreciated.


Thanks,
AD

[Ben]

Is your spouse working in Ireland?

[AD26]

Is your spouse working in Ireland?

She isn't anymore (she was working over the summer)... She is currently finishing up her studies here. When we move to Germany she will more than likely continue her studies when we move over.

Thanks,
AD

[Ben]

Is your spouse working in Ireland?

She isn't anymore (she was working over the summer)... She is currently finishing up her studies here. When we move to Germany she will more than likely continue her studies when we move over.

Thanks,
AD

Ok, if she gets a job (just part time, one day a week is all that's required), she would be exercising EU treaty rights in an economic capacity (as opposed to studying - exercising EU treaty rights in a non-economic capacity).

The benefit of this, is that she, and you, would be able to "return" to Germany in accordance with the Surinder Singh ruling. In short, you are able to benefit from the provisions of EU law while residing in Germany, and need not rely on German national law.

This may, or may not, be beneficial (I'm sorry, but I'm not familiar with German immigration laws). Certainly, applications for a Residence Card in accordance with EU law are free and fast, and provide the automatic right to permanent residency after 5 years.

[AD26]

I suppose I never really worried about that... I thought more about the tax side of things... I've been in Ireland for 4 years & we have 2 years of bills to show we've been living together.

I thought we would be able simply get my residency once we get our place there. Wouldn't our German marriage cert. be enough for me to get my residency?

I think we'll probably make a trip to the German Embassy here in Dublin first

Thanks for your input..

[JAJ]

I suppose I never really worried about that... I thought more about the tax side of things... I've been in Ireland for 4 years & we have 2 years of bills to show we've been living together.

Do you want to become an Irish citizen, out of interest?

[AD26]

I suppose I never really worried about that... I thought more about the tax side of things... I've been in Ireland for 4 years & we have 2 years of bills to show we've been living together.

Do you want to become an Irish citizen, out of interest?

No, I'm really keen to leave the country next year.. and applying for a passport would require me to stay in the country for 3 more years!

Thanks,
AD

[AD26]

Hi Everyone.....

Thanks for your replies. With the help of my wife we have found the answers to both my questions. I hope the information I post will help someone else as well!

Marriage visa in Germany....
My wife asked when she went to the German Embassy here to pick up her new passport. They advised (even though I'm a non-EU citizen) that I am allowed to move there and then get my permit to reside. I have 90 days to do it and I only need to bring our marriage cert (we went through ALLLL the hassle of getting married in Germany) and our passports. We do this at the Auslanderamt...

Living in Germany, working in another EU Country with lower tax....
As my German (still) isn't the best, we thought it would be better if I keep my job in the other state for a while and move to Germany so I can immerse myself in the language. Between the tax and the cost of living we will be saving a lot.....

My wife called the finanzamt in Germany and confirmed that I can in fact live in Germany and work in another EU state, only paying taxes in the state I work in, not Germany. Nothing needs to be done beforehand, I only need to bring my end of year earning slip to them (i believe they will want it translated into German) and fill out a form.

I hope this helps someone else out... I know there's a lot of good information out there, it's just hard to sort out what applies to you and what doesn't

Take Care
AD26