In Germany, move to France for 2 years later comeback to Germany

Member since 09 March 2021

Antony_NishaMember09 March 2021 09:22:42

Dear All,

I am a non-EU person, blue card holder, currently working with a global company聽 in Germany for the past two years, and my contract will end by June 2021. I will get the next contract from the same company聽 but from another entity in France. Later my contract may shift to a German based technical entity from the same company. I am a senior IT manager by profession.
With family reunion my wife and two kids are also with me from day one. Kids settled with the German school system and we want to continue their studies here or don't want to disturb their studies because of my shift in location . Wife also got a聽 job recently in Germany (permanent job, indefinite contract, salary above the German blue card threshold, complete work from home).

Now in this scenario is there any option for us to set the base location and home location as Germany, and I work in France for say two years and come back to a German contract later.

What are the options and how we should approach the Visa office?

Thanks and Regards,

AT

JohannesM Contributor

Member since 07 July 2010

JohannesMContributor09 March 2021 12:32:47

157

Anthony, you have an interesting case. In general you are entitled to permanent citizenship after a unbroken work duration of 5 or 7 years (various criteria and conditions). Your聽 habilis (place of stay) is where you live and pay taxes for 183 days in a year (from a German perspective). The scenario that you describe might be good for your career but not for citizenship entitlement if you move often between Countries. The 5 or 7 years also have implied conditions like integration (basic german skills etc.). There are also more details missing (do your family live in Germany near the French border, what is your current legal status (unbefristete arbeitserlaubnis), your nationality (some countries have special conditions with Germany)+ Do you have a preferred status (ie are you a highly trained non-replaceable expert)?

My best advice with the limited current information is that you try to optimise still living in germany, negotiating remote working conditions for 183 days, but still make work visits聽 to France (less than 220-183 days=37 Working days).聽 Important that the contract reflect this, because this formality must be proven later when moving back

Based on your current work duration of two years you are not even 50% close to 7 years, so you might not have any other choice than to do a "doppelte haushaltsf眉hrung" - ie your family stay in DE whilst you work in FR and live in a small apartment and visit your family over weekends. Consider this and discuss this with a german tax聽 expert before visiting the Visa office.

beppi Germany/Singapore Expert

Member since 08 August 2010

Germany & Singapore Expert

beppiGermany/Singapore Expert09 March 2021 20:15:03

15441

In addition to Johannes' explanation above:
If you do move to France, your family members whose visa depends on yours will lose their German visa. That means they have to move, too, or get a visa on their own merit (which, as you mentioned, is a possibility for your wife).