Stay abroad
February 9, 2015 | 40,00 EUR | answered by Jan Wilking
My father, born in January 1937 in Greece, holds two citizenships, Greek and German. He came to Germany at the age of 21, worked continuously in Germany, and has been retired for over 15 years. He owns a house in a rural area near Stuttgart, but has been primarily staying in Greece, in his hometown, for the past few years. Now he wants to sell his house in Germany, as he no longer feels able to take care of it sufficiently. He also plans to live the majority of the year in his hometown in Greece, only visiting Germany. Now to our question: He wants to remain registered in Germany for health insurance and pension payments. He has asked if he could register with us. My husband and I (daughter) own a semi-detached house, also in a rural area near Stuttgart. Are there any risks for us if he only visits for a few weeks a year, but is permanently registered in our household? Could we be breaking any laws by doing this?
Thank you in advance for your response.
Dear inquirer,
I am happy to answer your inquiry taking into account your description of the situation and your contribution as follows:
The Registration Act of Baden-Württemberg determines in § 15 paragraph 2: Anyone moving out of an apartment and not moving into a new apartment in the country must deregister with the registration authority within one week.
A violation of this deregistration obligation is an administrative offense according to § 36 paragraph 1 No.1 of the Registration Act BW: Anyone who intentionally or negligently registers for an apartment that he does not move into is acting unlawfully.
If your father is not moving into your apartment, but only coming to Germany as a visitor, there is no "moving in" in the sense of the law, and he should not register there just to avoid the deregistration obligation. He would thereby commit an administrative offense. If you support your father in this, for example by confirming the alleged move-in to authorities, you would also act unlawfully (§ 14 paragraph 1 OWiG).
In summary: You are not committing a criminal offense, however, an administrative offense would be present, which can be punished with a fine. Your father should therefore reconsider his plans, especially since a (official) move to another EU country often has no negative impact on health insurance and pension payments, and can even offer advantages.
I hope to have provided you with a helpful initial orientation. If there are any uncertainties, please use the free follow-up function.
Best regards,
Jan Wilking, Attorney
