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Immigration

Return to the Country of Origin

Return to the Country of Origin

8/6/0

I would like to inform readers that some foundations provide financial assistance to needy returnees. Workers with German education or qualified work experience in Germany can receive subsidies for relocation and settlement under technical aid to developing and transitional countries.

• For Russians returning to their homeland, the issue of obtaining a new foreign passport becomes relevant.

Deregistration

To those who are considering returning to the country of origin for a long period, I would like to inform them of the following. German citizens have the right to travel abroad at will, stay there indefinitely without losing their citizenship, and return at any time. German citizens living abroad cannot (with rare exceptions) claim German social assistance. And those who need it must return to Germany and apply for public support there. The German embassy in the country of residence of a German citizen may provide financial assistance to cover travel expenses.

Anyone leaving Germany for an extended period must deregister. Also, you must notify your health insurance fund of your departure to terminate your membership. Before leaving, be sure to discuss with your health insurance fund the issues of renewing health insurance coverage in case of return to Germany. The pension fund must also be informed of the departure. Those who have contributed for 60 months or more are entitled to an old-age pension. The concept of 'contribution period' is a separate topic. Such a pension is received upon reaching a certain age. In the event of the pensioner's death, the surviving spouse is entitled to a lifelong survivor's pension.

Currently, the German pension is transferred abroad to the recipient's place of residence. If you have less than 60 months of contributions, you can apply for a refund of your own share of pension contributions. The advisability of withdrawing pension savings should be assessed on a case-by-case basis. Before deciding to leave, carefully discuss all the details of pension provision with your pension fund.

Citizenship Issues

German citizens must remember the requirements of §25 of the Citizenship Act (Staatsangehorigkeitsgesetz). German citizenship will be automatically revoked in the event of voluntary acquisition of a foreign citizenship. Individuals with dual citizenship have nothing to worry about. A citizen of both Germany and Russia can reside in both countries without restrictions. Renewing or obtaining a new Russian or German passport does not affect their citizenship.

Some natives of other CIS countries intend to move from Germany to Russia and obtain Russian citizenship. For example, Russian German Ivan Schmidt relocates from Kazakhstan to Germany and then to Russia. There he applies for naturalization, obtains Russian citizenship and ... loses German citizenship. Ivan Schmidt will not be helped by complaints that without Russian citizenship and registration he would not be able to find a job, become a member of social insurance funds, purchase land, etc. Foreigners lose their residence permit in Germany by virtue of leaving with the intention of living abroad for a long period, at the latest, six months after crossing the border. The Foreigners' Authority (Auslanderbehorde) can only in exceptional cases extend the permissible period of stay abroad without losing the residence permit in Germany.

Termination of Contracts

When planning to leave Germany, it is important not to forget your obligations to various private and public organizations in Germany. You need to terminate the rental agreement, the contract with the telephone company, the insurance company, etc. Otherwise, it may turn out that, while already abroad, you will have to pay contributions and rent. The contractual partner can demand repayment of these debts in court. The statute of limitations for a court decision is 30 years. Currently, enforcing money judgments from German courts in CIS countries is an extremely difficult task, but in a few years everything could change. The Baltic states are already integrated into the European legal and economic area. If you return to Germany in a few years, for example, a bailiff, court reminders, and an inventory of property may be waiting for you.

Thomas PUE,
German lawyer.