Hi all forum members,

I have been already 4 years in Germany on a GC. I come from a country which has a pension agreement with Germany. I am aware of the general regulations, as well as the regulations related to my country. In particular I read the info about the 2-years period after leaving Germany required to file a request for a pension refund ("Beitragserstattung im Ausland").

Now I am seriously considering leaving Germany as I received a contract for a very well paid software project elsewhere (not my home country). Looking to get more info I talked with a person at my Auslaenderbehoerde who told me there exist "an internal regulation" based upon which the Auslaenderbehoerde can issue me a document that I'm "ultimately leaving the country" when taking away ("aufheben") my Aufenthaltserlaubnis. With this document I presumably can request an immediate refund of my pension from BfA.

I could not find any indication of such an internal regulation but knowing most things in Germany are regulated this way, I am not excluding it may exists.

I also suspect Auslaenderbehoerde may try to do anything to let me inform them about a change in my intentions and this may only be a catch. (As far as I know I am required to keep them informed by the law anyway, right?). I would actually prefer going for a couple of months to work on this project to see how things are going there (I will have no problems from my current job) -- while still retaining the possibility to come back and continue here. So the question of whether, when and how can I get this substantial (5-digit) refund amount is critical. (I do not plan on waiting to receive a pension -- no way)

Does anyone have similar experiences, or know anything about it?
Most important: Can somebody recommend a good lawyer, preferably in or around Frankfurt/Main?

Thanks,

Hi,
why dont you just try the BFA office in frankfurt?. It is just behind Woolworth in Konstablerwache. People are friendly and they are the ones who can answer about any probablities you have of getting the full amount back.

Ask Trust7 if they will offer lawyer services for this. They had no problem coming to frankfurt when the need arised for my friend.

I have no idea what kind of lawyer is need for this. Maybe some one else can provide some recommendations.

Sure I was already at the Frankfurt office, twice. The people there are polite, but not able to answer my question -- only stating they know nothing about it. They advised me to write with my question to the Berlin office, which I did, but still have no answer (it's been a month).

I found no reference to this presumed option in AufenthG or the BMI internal "Hinweise zur AufenthG". Then, based on what can I ask a lawyer for help/explanation?

So, I see no way/provision to reduce the 2-years waiting time for the refund of the pension. Even if I agree my Aufenthalts/Arbeitserlaubnis to be canceled, and confirm in writing I am leaving the country with no intention of coming back -- which could be filed appropriately?
Amazing. But probably true as still nobody has shared another way or experience?

"based upon which the Auslaenderbehoerde can issue me a document that I'm "ultimately leaving the country" when taking away ("aufheben" my Aufenthaltserlaubnis. With this document I presumably can request an immediate refund of my pension from BfA."

i am now too lazy to search info for a correct answer, but the first answer would be - that will not help you. what keeps you from returning to Germany in, let's say, six months with a new visa? nothing. if you would get "Hausverbot" for Germany for at least 2 years, that would probably help when communication is done in a right way

the guy in ABH i guess is right and is not right. Right is, that if you "ultimately leave the country", BfA has no reason whatsoever to wait for 2 years before paying you the money. Not right is - "aufhebung deiner Aufenthaltserlaubnis" does not mean at all that you "ultimately leave the country", you can always get a new one

how you can prove the court of law that you did "ultimately leave the country"? you can. when you die without entering Germany after you left it - 100% success (your relatives will have to claim then + have good proof around why the payment at once would not result in loss of lots of money). when you get "Hausverbot" for entering Germany for a long period of time - even that does not guarantee that you will not enter the country later

but if you can prove that you in no way can enter Germany in 2 years following your departure they really have no reasons to wait before paying you money


come to immigration office and let them believe that you are a terrorist, that would help for sure. if you play right ;)