German Law

Have German Law Questions? Ask a Lawyer Now.

Ask an Expert,
Get an Answer ASAP!

German Law
This answer was rated:

Hi, I have been working in Germany since August 2011. From

Hi, I have been working in...
Hi,

I have been working in Germany since August 2011.

From August 2011 to January 2013 (17.5 months) I was a local employee of my German employer and paid social security contributions. From February 2013 onwards my visa got changed as secondment employee and hence I do not pay social security contributions.

Now my question is when will I become eligible for Beschaftigung erlaubt (BE visa)? Is it 2 years from August 2011 or I have to wait till 3 years?
Show More
Show Less
Ask Your Own German Law Question
Answered in 9 minutes by:
6/29/2013
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 16,932
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
Verified
Dear Customer,

thank you for using Just Answer

You will be eligible for a BE Visum after

either 2 years of having worked an paid social security


or 3 years of havin stayed here in Germany



So as you do ot have completed the 2 years it is going to be 3 years from August 2011 on




I hope I was able to help


Please tell me if you have any further questions


Ask Your Own German Law Question
Customer reply replied 4 years ago

ok, thanks.


 


1. Is there any option to pay voluntary social security contribution for the balance 6.5 months?


 


2. If my employer says I have to return to my native country after 3 years (i.e., in august 2014) can I approach ABH on my own to get BE visa? If not, then if I have another job from another employer in Germany, then will that employment contract help?

Dear Customer,

1.
no, you cannot change the employment you have without your employer agreeing
2.

Yes of course you can approach them on your own and having a contract fro a new firm will help

Ask Your Own German Law Question
Customer reply replied 4 years ago

OK, just to be clear :


 


1. Not changing employment, but I just pay social security contributions for 6.5 months voluntarily - from my own pocket. Is it possible?


 


2. Does that mean : In August 2014, I can approach ABH on my own and ask for BE visa even if I don't have another job? Will they ask for any letter from my current employer for change of visa?


 

Dear Customer


the law is clear on that

It states that you must have an employment with payment of social security ( § 3 b BeschVerfv)

So paying voluntarily is not the same thing



Yes , once you have completed the 3 years you can get a BE visa on your own

A letter won`t be necessary
Ask Your Own German Law Question
Customer reply replied 4 years ago

Many thanks!


 


My final question :


 


1. I used to get kindergeld till Jan 2013 when I was local employee. Now my company informed Familienkasse to stop kindergeld since I do not pay social security contributions anymore. But is this correct? Am I not eligible to get kindergeld now based on my 17.5 months social security contributions earlier?


 


2. How significant is experience certificate/service certificate in German employment market? If my employer does not issue me an experience letter in August 2014 if I do not return to my native country, then will it affect my employment chances in Germany with another new firm?

Dear Customer,


these are 2 completely new questions, so if you please ask them on a new thread

Thank you so much
Ask Your Own German Law Question
Customer reply replied 4 years ago

Maybe point 2 is different.


 


But point 1 is very much related to my initial visa query :


 


"I used to get kindergeld till Jan 2013 when I was local employee. Now my company informed Familienkasse to stop kindergeld since I do not pay social security contributions anymore. But is this correct? Am I not eligible to get kindergeld now based on my 17.5 months social security contributions earlier?"

Dear Customer


as an US citizen you are eligible for Kindergeld if your stay in Germany is to be permanent and your employment in Germany is to be permanent



Experience certificate is extremely important


Ask Your Own German Law Question
Customer reply replied 4 years ago

Thanks!


 


Wish you a nice day!

Same to you and if I have helped please rate me positive

thank you
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 16,932
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
Verified
legal eagle and 87 other German Law Specialists are ready to help you
Ask your own question now
Ask legal eagle Your Own Question
legal eagle
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 16,932
16,932 Satisfied Customers
Experience: 20 years of experience in all kinds of law, especially employment law and family law.

legal eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

legal eagle

legal eagle

Attorney

16,932 satisfied customers

20 years of experience in all kinds of law, especially employment law and family law.

hhvgoetz

hhvgoetz

Rechtsanwalt, LL.M.

140 satisfied customers

LL.M. in International Trade Law (Newcastle upon Tyne, UK)

a.merkel

a.merkel

Rechtsanwältin; LL.M. Eur.

73 satisfied customers

1.+ 2. Staatsexamen; LL.M.(Master of Law)

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

José M.

José M.

Attorney

646 satisfied customers

Spanish Attorney

A.Valcke

A.Valcke

Solicitor

140 satisfied customers

14+ years experience // Masters in EU Law

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

< Previous | Next >

Related German Law Questions
Employed by a German company, was put on paid leave,
employed by a German company, was put on paid leave, contract not terminated, now they have send me a settlement agreement and I do not know if this is according to my full entitlement. … read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
My husband was originally a Pakistani national but now has
My husband was originally a Pakistani national but now has acquired German Nationality. My child (female, 18 months old) and I are Pakistani Nationals. We were in Pakistan on a family vacation (Depart… read more
hhvgoetz
hhvgoetz
Rechtsanwalt, LL.M.
2. juristisches Staatsexamen
140 satisfied customers
Our son died in February 2016 without a will. The deeds to
Our son died in February 2016 without a will. The deeds to his house were still in his name and his first wife. He remarried in July 2015 without changing the grundbuch. His new wife is now demanding … read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I will receive some amount of money from my parent send from
I will receive some amount of money from my parent send from other country to my Germany bank account. Not very big amount, certainly not exceeding the 400,000 euro tax free allowance. Question: shoul… read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I've been in a car accident which is my fault, while driving
I've been in a car accident which is my fault, while driving a car sharing vehicle. The car sharing is registered to.my girlfriend who was not n the car at the moment. What is a possibility of me bein… read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I've received notice of the termination of my rental
I've received notice of the termination of my rental contract and want to make sure that everything is by the book and that I understand my own rights. … read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I have been living and working as a Freiberufler in Germany
Hello, I have been living and working as a Freiberufler in Germany since 2001. My contract was with an Italian company but I actually worked in the offices of the customer who was a NATO organisation … read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
Have just moved here and rented an apartment. This morning
I am English, have just moved here and rented an apartment. This morning my landlord has given me 30 days notice to leave because of some small damage I caused when moving in and because I have moved … read more
hhvgoetz
hhvgoetz
Rechtsanwalt, LL.M.
2. juristisches Staatsexamen
140 satisfied customers
In need a family lawyer in Munich Germany. I have had the
In need a family lawyer in Munich Germany. I have had the police at my home last night were I made a statement. My wife has made allegations against me. Saying that I hit her and kicked her. I have be… read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I have paid an invoice in Germany for a service, however the
second opinion] I have paid an invoice in Germany for a service, however the email address of the service provider was hacked. i received 2 invoices from them and paid the 2nd one (entitled 'new invoi… read more
DirkBettinger
DirkBettinger
Rechstanwalt/Fachanwalt für Strafrecht
Staatsexamen
130 satisfied customers
A law firm Waldorf & Frommer in Munich has just sent me a
A law firm Waldorf & Frommer in Munich has just sent me a bill for the illegal download of 1min and 30 seconds of a film while I was on vacation and had my apartment sublet. Neither the untermeiter no… read more
hhvgoetz
hhvgoetz
Rechtsanwalt, LL.M.
2. juristisches Staatsexamen
140 satisfied customers
Born but i have been a NZ citizen for 14 years. I received a
Hello, i am German born but i have been a NZ citizen for 14 years. I received a letter from Germany about accepting or declining a inheritance. I do not want to accept the inheritance. My question is … read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I gay couple and I have been in a Civil Partnership with my
Hello there! I gay couple and I have been in a Civil Partnership with my German partner since October 10, 2010. Yesterday he asked me to divorce him. Could you please tell me what to expect and what I… read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I have a new question I like to ask related to german law. I
Hello I have a new question I like to ask related to german law. I got caught for the first time on the S Bahn in Berlin without a Ticket. So naturally I got fined after mentioning my name with my stu… read more
hhvgoetz
hhvgoetz
Rechtsanwalt, LL.M.
2. juristisches Staatsexamen
140 satisfied customers
I was fined by German Police for speeding, I paid the fine
I was fined by German Police for speeding, I paid the fine in CASH €900 and then Paid fine when I came back via a letter they sent to me €120.I am travelling to Germany in 2018 but I have received the… read more
hhvgoetz
hhvgoetz
Rechtsanwalt, LL.M.
2. juristisches Staatsexamen
140 satisfied customers
I would like to ask about termination of contract (with
Dear Lawyer,I would like to ask about termination of contract (with immediate effect) and the reference letter for internships in Germany (Berlin, specifically)The first question is: besides the lette… read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers
I am currently in Germany. I was briefly surfing a website
Hello I am currently in Germany. I was briefly surfing a website that contains nudism. It may have pornography in it. (no child porn though). Either way I was wondering if its illegal to view nudist/p… read more
hhvgoetz
hhvgoetz
Rechtsanwalt, LL.M.
2. juristisches Staatsexamen
140 satisfied customers
I Have been accused of shoplifting today for amount of 16
Hi i Have been accused of shoplifting today for amount of 16 euros of goods which mistakably left with me from goods i bought for 19 euros and paid for the same. Shop took 60 euros penalty and informe… read more
legal eagle
legal eagle
Attorney
16,932 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x