Hi,

I am an Indian woman working in a German IT company for 1.5 years. In a few months, I will be in "Mutterschutz". After this period is over, I will be on "Mutterschaftsurlaub" for a year.

I want to know if there is any rule or restriction due to which my application for Elterngeld can be rejected. If I understand correctly, Elterngeld is paid by the government, is equal to 67% of my current salary and I will get it after I go on Mutterschafts-urlaub?

When should I apply for it? What are the documents required from my side?

Will I stop getting this money if I go for a vacation to India with my baby in between?

I have these doubts because I read on this website that for many foreigners, the application for this benefit was simply rejected by ABH.

You will get Elterngeld, once your Muttershutzgeld is over. You will receive 67% of your total income in last 12months before your child comes.
You will continue to receive this elterngeld, irrespective either you live here in Germany or in India during this 12month time. Normally you have to submit papers within 2months after child come for the money for elterngeld.

Thanks Rambalram. That sounds encouraging.

However, there are several places where I read that this benefit is denied if your Aufenthaltstitel is § 18 AufenthG.

My legal German is not very good so I am not sure what § 1 Berechtigte ,(7) in this link means http://www.elterngeld.net/elterngeldgesetz.html

Will I be eligible if I have:
Aufenthaltserlaubnis gem. § 18 AufenthG i.V.m. §27 Nr. 1 BeschV ?

@meinfrage
Iam also from India and will be in Mutterschutz in few months... I have some questions regarding Elterngeld. Can you pass on your mail id, so that I can discuss with you?

Thanks

@jazz28: How should I pass you on my mail id? i surely don't want to put it out on the forum.

Can you mail me at

Hi,

I am also an Indian and am in similar situation. I have Gesetz 18 on my visa.

Could you please tell whether you were able to get the Elterngeld and Kindergeld for your child? If yes, what did you do to by-pass the Gesetz 18 clause in Elterngeld?

Thanks in advance

You can only avail Elterngeld with NE stamp, otherwise not. Once you receiving elterngeld, its upon you to live either in India or in Germany. But be sure you return back in 6months.

Hi

I am really confused by so many clauses for foreigners to apply for Elterngeld. My situation is as follows: My wife has worked from June 2007- Dec 2008.She still has her work permit until April 2009. Currently she took all the holidays that she is eligible and stopped working since Dec 2008. Until mid of Feb she will be using all her allowed holidays and then will go for Mutterschutz. We are expecting our baby in March 2009.

After April 2009 i need to apply for a dependent visa for my wife as she will not work any more. So my question is in my case can i apply for Elterngeld? There are many clauses for foreigners so not sure what would be the case when my wife gets a dependent visa in April..could someone help me??

No she can't get either Kindergeld or elterngeld until she gets NE Visa. I was in the same condition last year, but luckily my wife got NE after 2months baby born and then she availing EG from duration 3-14months.
So bottomline for Elterngeld one has to require NE and for Kindergeld if either one of you has NE then you can avail on his name.

Does any one know if i have a Daueraufenthalt-EG that can i apply for Elterngeld?

Other thing is if i have the Daueraufenthalt-EG visa then and my wife on dependent visa(having studied,worked in Germany for 2 years) then can we apply for Elterngeld??

@kramaka

Did you went to the respective office and ask for info's?

It is good idea to visit office and ask for information.

As see the following Ministry web page link, there is no where mentioned that one needs NE etc.

http://www.bmfsfj.de/bmfsfj/generator/BMFSFJ/familie,did=76672.html

Kein Elterngeld erhalten ausländische Eltern, die eine Aufenthaltserlaubnis zum Zwecke der Ausbildung (§§ 16 oder 17 Aufenthaltsgesetz), eine Arbeitserlaubnis nur für einen Höchstzeitraum (§ 18 Absatz 2 Aufenthaltsgesetz) oder eine Aufenthaltserlaubnis nach § 104a Aufenthaltsgesetz besitzen

Bei diesen Personen wird von einem nur vorübergehenden Aufenthalt ausgegangen. Das Gleiche gilt bei Personen, die als Asylbewerber eine Aufenthaltsgestattung besitzen oder sich nur geduldet im Bundesgebiet aufhalten. Auch eine erlaubte Erwerbstätigkeit führt in diesen Fällen nicht zu einem Anspruch auf Elterngeld

This means that if you have BE you can get Elterngeld

@mathew

Could you please let me know what do you mean by BE??

@kramaka

It says you are a member since 2005 and am surprised you still dont know it. Use the search and am sure you will find it.

There's nowwhere mentioned in the law, but when you go in the Elterngeld office you will get the answer, for foreigner w/o NE or D-EG you get nothing.

BE(Beschäftigung Erlaubnis): If your visa is not tied to employer and you do not require Arbeitserlaubnis from Arbeitsamt for extending your residence permit.

If you have this status and if they reject your application, better to consult a lawyer and it is worth to pay the lawyer fees.(If you have Rechtsschutzversicherung then you pay very less)

@mathew

Thanks for the info. Could you please let me know that if i have BE and my wife is dependent(which says Erwerbstätigkeit gestattet)on me then can we still apply for Elterngeld or does my wife also needs to have BE??

This means she has also BE. So its hould not be a problem for you.
Be careful some officers try to reject the application outright giving reasons like NE required etc, but if your written application contains the parts from the law, they will not be able to reject without giving a valid reason.If they still reject better get a legal opinion.