Next year, January, I will be moving to Germany to marry my future German spouse and will be under marriage visa. I can only apply for residence permit in Germany after I get married and the process will take awhile.
I am currently employed in a locally-owned company in Singapore and my boss has agreed to let me work remotely at my future home in Germany. The work that I am doing is only related to that local company and wages will be paid to my local bank account in Singapore and nothing to do with Germany.
I am wondering if it is legal for me to work remotely in Germany while on marriage visa, and before I obtain the residence permit? I am okay to take unpaid work leave until I get the residence permit. So I am still employed just that I will be on work leave until I get my residence permit and thereafter resume working.
If it is not legal, what will be the better solution? Should I quit working in that local company before I leave Germany and then “join” the company back once I obtain the residence permit? My boss is aware that despite the company being locally owned in Asia, she will need to pay for social contributions in Germany as an employer even though I am working remotely.
Any suggestions?
Non-EU citizen working remotely in Germany
To my knowledge, you will not be allowed to work on a marriage visa - and the residence permit alone is also not enough: You need a work permit, which is a mere formality after getting the residence permit, but it can also take 1 - 3m months of processing.
(Unfortunately, you cannot expect Singapore-like efficiency from German public servants...)
You could consider doing it under the radar, though.
I also think you cannot be employee for a foreign company that has no presence in Germany. In that case you would be classified as self-employed, which is much more complicated - and costly (as the employer, or customer in official view, could not cover social contributions). Get a lawyer's advice on this!
Hi northfix,
Trust you are now already in Germany.
Mind to share what's the outcome?
Thanks
Hello. Yes I'm here in Germany, looking for work.
Hi, could the people who know it please clarify if one is allowed to work on an aufenthaltskarte or not? I am an EU citizen living in Sweden with my American wife, she has the 10 year residency. Our understanding was that she could work but this thread has other information
Hi everyone can you share the experience to get the job for non eu in germany? What are the requirements needed? Can I have possibility to stay for 3 months first then continue with work permit visa because now I'm using my multiple entry ldr visa that only available for 3 months stay but valid for a year. Thanks anyway 
HawkLane wrote:Hi, could the people who know it please clarify if one is allowed to work on an aufenthaltskarte or not? I am an EU citizen living in Sweden with my American wife, she has the 10 year residency. Our understanding was that she could work but this thread has other information
A non-EEA spouse of an EU/EEA national who is exercising EU treaty rights in an EU country they do NOT hold nationality of falls under EU freedom of movement and not (German) domestic immigration law.
A residence card (Aufenthaltskarte) is documentary evidence of the right to live, work, be self-employed and/or study in the EU host country (e.g. Germany).
The spouse of a German national - like OP of this thread will be - falls under German domestic immigration law.
For what it's worth, non EU/EEA spouses of German nationals on a spouse visa in Germany also have full work rights. Also, at least in Berlin, spouse visas are issued on the spot. Biometric cards take about three weeks to arrive.
It's spouses of classic work permit holders (not BlueCard, that's again a different set of rules) who usually don't have automatic work rights for the first one to three years in Germany, unless they qualify in their own right.
What's important to your specific situation:
you, as the EU national spouse, need to exercise treaty rights in Germany: be employed, self-employed, studying full time in higher education or be self-sufficient.
If you can prove that, then your non-EEA spouse has nearly identical rights as you yourself, as long as you fulfill the requirements of EU freedom of movement. Her status will depend on what you do. You can't, for example leave to work in another country. Her status would automatically become invalid and to stay in Germany on her own, she would have to somehow qualify in her own right.
To get an Aufenthaltskarte for her, you need to show proof that you are in work or can sustain yourself and have German health insurance for both of you.
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