Ex German Citizen Wishes To Move Back To Germany

[Euan]

Situation: My grandmother who is 82 years old has lived in Australia for almost 50 years and is an Australian Citizen(not a dual citizen). She wishes to return to Germany to live the rest of her days with her extended family over there.

NB. She still gets a minimal german pension.

1. Is she able to do this?

2. If I was to join her, am I able to do that? I am an Australian Citizen, 32 years of age.

Many thanks

[Hagaleah]

Dear Russell:

Your grandmother should be able to obtain a residence permit under section 38 paragraph 2 of the Act on the Residence, Economic Activity and Integration of Foreigners in Germany(AufenthG), which allows the grant of such permit to former German citizens currently living abroad, if they have sufficient knowledge of the German language. While that provision is discretional, given the circumstances, it is highly likely that your grandmother will be granted the permit, if she has sufficient income and/or funds to provide for herself.

You, on the other hand, have never been a German citizen and would have to fulfill the same requirements as any other foreigner. If you want to relocate to Germany, the best way to go about it would probably be to find employment in Germany and apply for a residence permit on that basis.

Best regards,

Peter Koch, LL.M., MBA

Attorney at Law(licensed in Germany and New York)

KOCHLAW

Schuetzenstrasse 76a

22761 Hamburg

Germany

Tel. +49-40-8079364-40

Fax +49-40-8079364-41

e-mail: [email protected]

web: www.kochlaw.de