Vunge in Germany for financially independent persons
+49 (0) 30/310 16 755.
+49 (0) 30/310 19 625.
+49 (0) 30/310 16 889.
Fax: +49 (0) 30/318 04 235.
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Mon.-Spot. from 9:00 to 18:00.
09005 103255 (1.86 � / Min)
Your lawyer in Germany is Johannes Engelmann.
Anyone who does not have German citizenship is considered a foreigner in Germany. Stay of foreign citizens in the territory of Germany is regulated by the special Law “On the stay of foreign citizens” (Aufenthaltsgesetz) and some other by-laws. At the same time, granting the right to foreign citizens to stay (stay) in Germany depends, on the one hand, on the country from which the person came – from a country that is part of the EU or from a country that is not part of the EU – from the third countries. On the other hand, the granting of the right to foreign citizens to stay (stay) in Germany depends on the purpose (on what grounds) of this person came to Germany – for the purpose of carrying out work, for the purpose of training, for business immigration, for the purpose of reunification family, etc ..
Citizens of the EU who have come to Germany from other EU member states have the right to stay and work. In order to find work, EU citizens can enter Germany without a visa. They and their family members, who are also EU citizens, must receive an official certificate of the right to reside in Germany. They do not need to obtain a special permit from the foreign affairs office or the employment service. However, they do not have the right to the initial receipt of a state (social) allowance to secure the subsistence minimum. However, the Office for Foreigners has the right to require such persons to confirm the reasons why they have used the right to free movement within the EU.
Citizens of third countries are citizens of all countries that are not members of the European Union. To enter and stay in Germany, third-country nationals require a residence permit. The Law “On the Residence of Foreign Citizens” distinguishes two main categories of residence permits: a permanent residence permit (Niederlassungserlaubnis) and a temporary residence permit (Aufenthaltserlaubnis). Temporary residence permit (Aufenthaltserlaubnis) is issued, as a rule, for the duration of the stay with a specific purpose. A permanent residence permit is granted when the applicant fulfills the relevant prerequisites – permanent work, financial independence, availability of housing, availability of health insurance, etc ..
In this article we would like to touch upon the topic of the stay of foreign citizens who arrived in Germany from third countries, but the purpose of their stay is not specifically stipulated (not provided for) by the German Law “On the Stay of Foreign Citizens”. This is the case when an alien resides in Germany without the purpose of labor activity and lives at the expense of his private savings, i.e. for financially independent foreign citizens.
A constant client of our lawyer office – let’s call her Tatiana – a Russian citizen. In Russia, she and her husband had a good business, which became, let’s say, tightly within Russian borders. And the couple decided to “expand”. They opened a large firm first in the Arab Emirates, then in Germany. Spouse spent most of the time in the Emirates, and Tatiana in Germany. Here she received a residence permit for business immigration (according to �21 Aufenthaltsgesetz), bought an apartment. But separate living in the territories of different states did not contribute to the strengthening of family ties. The marriage gradually disintegrated and was dissolved. The spouses shared the property – everything that was in the Emirates and in Russia, went to her husband, and the firm in Germany and the apartment went to Tatiana. In addition, she received a solid money capital, which she placed in the bank at interest. Management of the company over time began to weigh it, and it is very profitable to sell its business.
Now the purpose of her stay in Germany has changed. Ie, when obtaining a residence permit, she indicated the purpose of the stay – business immigration, which implied the presence of the firm, its management and the investment of funds in the German economy. At the moment she did not have a company, she did not have a job and did not invest money. It is quite logical that the Federal Office for Foreigners had questions about it. For example, what is the purpose of her stay in Germany and what are the sources of her income, and so on. Tatiana turned to her lawyer.
In accordance with � 7 of the German Law “On the Stay of Foreign Citizens”, the Aliens Office (Auslaenderbehoerde) decides to grant a residence permit only in justified cases. The Office, when deciding on the application for granting a residence permit, takes into account the applicant’s private interests and opposes to them the public interest of the FRG and the purposes in accordance with � 1 of the Residence Act. Namely: restriction of the arrival in Germany of foreign citizens and the use of public infrastructure, as well as the burden on the labor market. In the event that it is established that the stay of a foreign citizen will not conflict with these stated goals, he may be issued a residence permit. To study this department, in accordance with the internal instructions, the analogy of the Law is applied – similar provisions of � 21, para. 3 of the Law “On the stay of foreign citizens” in relation to persons who are engaged in independent labor activity. In respect of such persons, the Office applies a standard case – a person who is over 45 years of age must submit a pension insurance or life insurance agreement whereby a monthly amount of EUR 11,209.88 is required for this person at the age of 67 years for 12 years, which corresponds to the availability of property in the amount of 159823 euros. In addition, you must have health insurance. It is necessary to provide evidence that the applicant has sufficient savings for which he intends to live in Germany.
If the applicant is threatened with loss of housing, or he is not provided with housing, the agency has every reason to refuse to grant a residence permit. Also, the agency may refuse to grant a residence permit, based on the reasons for the migration policy. And such a refusal will be considered justified.
The lawyer prepared and sent to the Aliens Office a detailed justification, which clarified the status in which his client currently resides. Namely, he referred to � 7 of the German Law “On the Stay of Foreign Citizens,” its paragraph. 1 sentence 3, from which it follows that the applicant has the opportunity to indicate the purpose of his stay, not directly formulated in the Law. In this particular case, his client formulates his purpose of stay, as living in the FRG for his private savings without the purpose of carrying out work. His client does not have claims to the department for granting her a residence permit, but only for authorizing the agency to stay with her lawfully. Details pointed out the origin of the client’s funds and the sources of their replenishment. Medical insurance and a life insurance agreement were presented. In addition, the lawyer gave an obligation on behalf of his client to regularly inform the foreign affairs department about the changes taking place in her life.
As we mentioned above, Tatyana is a regular customer of our advocacy office – we can say that we are familiar with the first day of her stay in Germany. She knows that she can turn to her lawyer on any matter. And to any question she will receive a detailed answer and active help.
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