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Working for a Spanish company, living in Germany

Last activity 14 December 2022 by beppi

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sophielminter

Hello all,


I realise that this is a probably a bit of an unusal message but I would appreciate any help you can provide.


I am a British Citizen, currently working for a Spanish Company in Spain.  I would like to move to Germany so that I can finally move in with my Long-distance boyfriend after 5 years.  My company has allowed me to go remote. However, we are facing issues with regards to what permit to apply to and in which country. Has anyone been through a similar situation and has any tips?


Right now I am looking at the following:

  1. A freelance contract with my company to work freelance in the UK and apply for a job seekers permit in Germany. My permanent residence is still in the UK.
  2. A normal contract with my company and apply for a freelance Permit (self-employeed) in Germany. However this is slightly problematic as I will not have a valid NIE in Spain from the 28th December, which creates issues payment wise.


I have been looking on google and tried to get a hold of different authorities but so far none have had any useful advice so if someome has experience in this area I would really appreciate any information you can provide me.


Thank you in advance!

Sunshine03

@sophielminter


Germany doesn't have a digital nomad visa.


Scenario 1 is not legal. You are not allowed to work with a JSV.


You would need apply for a permit to be self-employed in Germany.

TominStuttgart

I can't offer a definitive strategy but a JSV is definitely not the right thing. This only allows you to look for work in a very specific field and is hard to get. Then if you found such a job (NOTfreelancing) you could stay in Germany without having to return home to apply for a work visa there. It is no way is a pathway to working remotely as mentioned.


Working for a company elsewhere with no presence in Germany I would also assume would equate to freelancing. But in Germany there are also rules that freelancers cannot just work for a single client - or else they are considered employees and not freelances. It has big implications for benefits, social security contributions etc. I don't know if this rule is dropped when the client is abroad... beyond the scope of my knowledge. But if your boyfriend is German as claimed then maybe he could contact local officials to ask. I don't know If this would be the employment office (Arbeitsamt) or immigration officials or who.

beppi

I agree with the above posters: The only path forward (apart from the employer starting a business in Germany that employs you) is being self-employed. For a non-EU-citizen, this is very complicated and the formal hurdles high: Expect (unless you are fluent in buerocratic German) to have to engage professional help (at hefty fees) for visa, business setup, licensing (if applicable), accountancy and taxation.

Honestly, I would drop the idea and choose a more realistic path - e.g. getting married and applying for a family reunion visa.

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