Do article 50 residency rights survive unemployment?

Question

My wife and I are UK citizens and have article 50 residency status due to being based in Germany pre Brexit (since 2015). We have two young children at KiTa. I work full time and my wife works part time. I anticipate I will soon lose my job due to cost cutting. Will we be safe to remain here or is our right of residency at risk/under time pressure?

We have savings to support ourselves but I was advised to register for unemployment benefit. Is that a bad idea?

Answer 1

Hi @Pre brexit

It is important to first clarify what type of unemployment benefit you might apply for. If you have been working and paying into the social security system (i.e. more than a minijob) for at least 12 of the past 30 months, then you are entitled to the benefit ‘Arbeitslosengeld’. You apply for this with the Agentur für Arbeit. It is important to know that you are obliged to register as job-seeking ‘arbeitssuchend’ with the Agentur für Arbeit within three working days of being informed you are losing your job.

If you receive the benefit Arbeitslosengeld, there is no issue with your residency rights in Germany. The Arbeitslosengeld is an entitlement you have as a result of working and paying into the system.

The situation is somewhat different with the benefit ‘Bürgergeld’ from the Jobcenter. You have the right to receive this benefit but the Jobcenter may inform the immigration office in this case. I cannot say with certainly whether the immigration office would be informed or not. There are some cases where as a rule this takes place. A common example is if a person come to Germany from another EU country and without having worked here, goes to the Jobcenter and applies for Bürgergeld. The Jobcenter will inform the immigration office and the immigration office will contact the person to examine their right to continue to stay in Germany.

Your situation is different. You a not an EU citizen and so the Jobcenter can only share the information with the immigration for certain types of residency, namely work, training (Ausbildung) and studying. You have the permit Aufenthaltsdokument-GB which is a separate type of permit.

Even if the immigration office was made aware that you are no longer financially self-sufficient, it does not mean you automatically lose your residency status. In practice, what generally happens is that the person is given some time to **** for a new job. In this time they can continue to get the support of the Jobcenter. Only if after a final deadline the person cannot show self-sufficiency, could the immigration office then cancel the residency permit and request the person to leave the country. But they also have discretion in assessing each case and so would also take into account the length of time you have been in Germany, that your wife is working, your kids are at Kita etc.

Depending on your financial situation in the event of a job loss, an alternative to the Bürgergeld would be to apply for the benefits Kinderzuschlag (additional child benefit) and Wohngeld (rent support). These benefits, along with your wife’s income, Kindergeld and potentially Arbeitslosengeld for you, could then be enough combined to cover your costs. There is no issue with you receiving Kinderzuschlag and Wohngeld.

Best,

Éanna

Comments

Thank you Éanna for a very detailed and professional answer. I have been paying into the system for nine years and are entitled to 12 months of Arbeitslosgeld, does this mean they will allow me to remain for at least this long without employment? In addition, we have savings and will receive sufficient severance pay to sustain ourselves for a further two years if required. Is this all we need to demonstrate to retain our right to reside here?

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You’re welcome.

I wrote my previous answer based on the assumption that you do not have permanent residency in Germany. As you write that you have been working for 9 years, it is possible you may have been given permanent residency. Permanent residency is generally acquired after having been working for 5 years. You need to **** at the back of your residency permit. If it has the word ‘Daueraufenthalt’ on it, then you have permanent residency. In that case, you can only lose this status if you leave Germany for five years. There is no issue with receiving benefits.

If you do not have permanent status, there is anyway no issue during the time you will receive the Arbeitslosengeld. For the time after that, it is an important distinction that it is not that your residency status requires you to work, but rather requires you to be financially self-sufficient. Therefore you can also maintain yourselves with savings and the severance pay.

If you do unfortunately lose your job, I would encourage you to **** into applying for the benefits Kinderzuschlag and/or Wohngeld in addition to the Arbeitslosengeld. It is a lot of paperwork and can take some time but it may be worth your while. Even if you are only granted a bit of these additional benefits, there are additional advantages with regard to the Kita. You will be exempt from paying the monthly parents’ contribution (Elternbeitrag) and also will not have to pay for their food at the Kita.

Answer 2

I have same status and how long u guys have been here? And I think u are allowed

Comments

We have been here nine years.