“I have the right” in Germany: Living in Germany for foreigners and parenting with adult children.

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─ Hello, MK-Germany editorial staff! I have been living in Germany for over 10 years. Married to a German. I have a permanent residence permit in Germany. I don’t want to get citizenship. Tell me, if suddenly something happens to my husband, will I have the right to stay in Germany, receiving only a small widow’s pension (Witwenrente)? Am I eligible for social security benefits?

In Germany, I worked for 8 years “on the basis” (Minijob). Now she’s retired. I get a pension that is ridiculous to say. My husband provides, I don’t need much. Children – independent, family, work. Will they not be forced to support their mother?

Irina T., Idar-Oberstein.

─ Dear Irina!

An indefinite residence permit (Niederlassungserlaubnis) allows you to live and work in Germany without a time limit. However, a permanent residence permit does not give the right to stay for more than 90 days in another EU country.

The rules for losing a permanent residence permit are simple. The permanent residence permit becomes invalid if the foreigner leaves the territory of Germany and has not returned to Germany within six months after departure or within the period specified by the Foreigners Office. Loss also occurs if a foreigner leaves the Federal Republic of Germany for a reason that is not temporary in nature. In addition, the Office for Foreigners can deprive a foreigner of a residence permit if he has committed crimes, if his passport has expired, or if the residence permit was obtained by deception.

With regard to receiving social benefits, everything is also simple. The very fact of receiving social assistance from the state is not a reason for the deprivation of a permanent residence permit. It is worth noting that the old law provided for the deprivation and expulsion of foreigners who had a permanent residence permit and received social assistance.

Regarding the maintenance of parents, German law says that within the framework of their financial capabilities, children must provide for their parents by paying alimony if the parent needs it. However, there are many aspects to consider here. Only those parents who are unable to support themselves have the right to maintenance. The parents’ own income and property should be taken into account in the calculation of the required additional payment. Next, you need to know that the parent is of a lower rank than the children and the spouse of the debtor. This means that the parent will be able to claim alimony only when the debtor fully provides for his family.

Lawyer Grigory EKSUZYAN,

Anwaltskanzlei Eksuzian

Hauptmarkt 11, 90403 Nuernberg

Tel .: +49 911 244447 15

www.eksuzian.de

info@eksuzian.de

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