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German Law/Questions

SubjectDate AskedExpert
Laws and countries3/17/2017Henning Haarhaus
  Q: If I live in Germany, but I am citizen of another country, which laws I am subject to? Some laws are ...
  A: Since the regulations regarding the age of consent are a matter of criminal law they apply to the ...
Age of consent in Germany3/17/2017Andreas Moser
  Q: Is it true that 14 years is the age of consent in Germany? Is it legal, for example, for a ...
  A: yes, the age of consent is 14 years in Germany (§ 176 StGB). As with other statutes in Germany, 14 ...
USA Asylum In Germany?3/14/2017Andreas Moser
  Q: I am a registered sex offender in the united states. I am discriminated against for housing and ...
  A: Germany only grants asylum to victims of political or religious persecution or people who are ...
Short trip abroad.3/10/2017Andreas Moser
  Q: I have a friend who lives in Germany. She's married and she took their baby to a little trip, to ...
  A: 1) Because the mother returned soon, she doesn't need to fear a proceeding under the Hague ...
Born 1962 to German mother and American father2/26/2017Andreas Moser
  Q: my question is about acquiring German citizenship, however my background to this question is rather ...
  A: you have two options: a) You could apply for naturalization from abroad based on being the child of ...
Sole custody right in Germany2/24/2017Andreas Moser
  Q: I am an American living abroad in Germany. 5 months ago I married an Estonian man and gave birth to ...
  A: your rights as the mother are exactly the same as those of the father. You are both parents, you ...
What age can a child say they don't want to see the other parent?2/21/2017Andreas Moser
  Q: I have a 16 year old son that lives with me in the US. His dad lives in Germany. The divorce and ...
  A: the information you received is wrong (a), but it is also irrelevant (b) (a) Under German law, the ...
German land title / US citizens2/16/2017Andreas Moser
  Q: Our family (deceased parents, surviving adult children) are naturalized US citizens, all born in ...
  A: the "Erbscheinantrag" actually is something different, it's a request with the local court in ...
Marriage Status for us citizen who married German2/1/2017Andreas Moser
  Q: I have a pretty complicated question. Back in 1995, while I was a student at the university in ...
  A: first of all, if she still lives in Germany, it shouldn't be too hard to find out where she lives. ...
About Marriage Visa and Separation1/28/2017Andreas Moser
  Q: First of all, i would like to thank you for kind informations and making it an open source that ...
  A: For the first 3 years of your stay in Germany, i.e. until July 2017, the residence permit is indeed ...
Asylum for US citizen in Germany1/25/2017Andreas Moser
  Q: my name is Rose and im a 19 year old trans girl from the United States. As you're probably aware, ...
  A: I am following the situation in your country closely and have great sympathies, but there is not ...
Spousal Support (alimony)1/17/2017Andreas Moser
  Q: I am divorced and have a court order to pay alimony. It is a set dollar amount. I am looking to ...
  A: a civil judgment would not impact your immigration status in any way. You may also want to consider ...
Power of Attorney POA1/14/2017Henning Haarhaus
  Q: My wife is a GE citizen. She is in her 80's. Her brother died and named her in his will/estate. If ...
  A: If she is alive, you would need a POA. Since I do not know the requirements and restrictions (e.g. ...
German citizenship via adoption1/6/2017Andreas Moser
  Q: Good Day, I am a person adopted by a German citizen. My adoption took place December of 2008 in ...
  A: Your adoption came two months too early indeed. It comes too late for you, but because this is a ...
Discretionary naturalisation in Germany12/30/2016Andreas Moser
  Q: I'm a British citizen who has been living in Germany for four years. I realised pretty early on that ...
  A: discretionary early naturalisation is usually only granted for athletes who will represent German in ...
Parents debts12/30/2016Henning Haarhaus
  Q: my wifes German mother died recently, she had no money and the Stadt buried her, my wife and I both ...
  A: According to the rule of universal succession the heirs automatically step in the shoes of the ...
Tabelle duesseldorf 201712/24/2016Andreas Moser
  Q: please I need your help. For the year 2016, I was using the page 6 - "1. und 2. Kind" - line 10 ...
  A: here http://www.refrago.de/duesseldorfer_tabelle_2017_-_leitlinie_fuer_den_kindesunterhalt.html you ...
Marriage in Germany12/8/2016Andreas Moser
  Q: I am from india and I came to poland with visa. My visa was until 29-11-2016 and then I got stamped ...
  A: It would be much easier for both of you to fly to India, get married in India, and then apply for a ...
Applying for citizenship during stay abroad12/3/2016Andreas Moser
  Q: I hold a German permanent residency (unbefristete Niederlassungserlaubnis) and meet all requirements ...
  A: you can avoid losing the permanent residence permit by returning to Germany at least once every 6 ...
asylum rejection but has appeal by by my law.but but want to get marry12/1/2016Andreas Moser
  Q: i am mr j from nigeria, but have seeks for an asylum in germany as a homosexual male but have just ...
  A: You can get married to your girlfriend if you can manage to do it in time before you would be ...
German citizenship application with previous stays11/19/2016Andreas Moser
  Q: I recently applied for the German citizenship after being in total over 6 years here. In 2007 & 2008 ...
  A: because the letter is basically promising you that you will receive German citizenship in June 2017, ...
question on deduction of alimoney from german taxes11/12/2016Henning Haarhaus
  Q: I live in Spain and my sons live in Germany with their mother. Every month I send to their mother ...
  A: Child support is not tax deductible if the paying parent claims for a tax exemption for children ...
Recognition of Danish marriage in Germany11/11/2016Andreas Moser
  Q: I recently got married with my girlfriend in Denmark to avoid complicated German bureaucracy. I have ...
  A: as Denmark is another EU state, the recognition or validity of its marriages are usually no problem ...
german citizenship11/8/2016Andreas Moser
  Q: My husband is a 30 year old , US citizen living in NYC, and his father is a german citizen , very ...
  A: If your husband's father still had German citizenship at the time of your husband's birth, your ...
Becoming a German citizen if you have not resided there11/7/2016Andreas Moser
  Q: I am an American citizen married to a German citizen. We have resided in the German speaking part of ...
  A: in addition to the ties you have, you would also need professional ties to Germany through your ...
Its complicated11/4/2016Andreas Moser
  Q: I was on asylum in Germany for about 2years and 10 months then i got deported back to Pakistan on 18 ...
  A: oh yes, that's absolutely possible. In fact, that's the easiest way. You just need to make sure ...
child matience10/30/2016Andreas Moser
  Q: if a child born of phillipine mother and german father is the father under german law required to ...
  A: Yes. German family law postulates the obligation for the non-custodial parent to financially ...
Child visitation rights.10/26/2016Andreas Moser
  Q: I am a UK resident and apart of the British Army. I was married to a German National and we have a ...
  A: like you, I don't see any reason to stop the flights to the UK. They have been going on for a long ...
German Passport for non-EU citizens10/18/2016Andreas Moser
  Q: As engineer, I have been living and working in Bavaria since 4 years now. My level of German is B2. ...
  A: no, there is really no chance to obtain German citizenship by naturalization before you have ...
"Quellensteuer für Steuerausländer"9/15/2016Henning Haarhaus
  Q: Haarhaus, I am a German citizen, travelling from country to country and working as a freelance ...
  A: German national tax law does not provide any regulations in regard to "Quellensteuer". However, the ...
StAngRegG and Citizenship by Descent9/11/2016Andreas Moser
  Q: After reading the various FAQs on your website, my circumstances appear to be a somewhat unique case ...
  A: that is a rather peculiar case indeed. § 9 I StAngRegG indeed does not refer to the requirement to ...
Wiedereinbürgerung9/10/2016Andreas Moser
  Q: My mother was born in Berlin to Jewish parents. She found herself in war-torn France in June 1940, ...
  A: besides your mother's marriage, we have another problem: Until 1953, you could only receive German ...
Inheritance9/2/2016Henning Haarhaus
  Q: 2 years ago, my uncle (a German citizen, living in Germany) died and in his will he left everything ...
  A: Unless otherwise stipulated in your uncles or his partners will his estate had merged with the ...
Renewing permanent residence card?8/27/2016Andreas Moser
  Q: I'm married to a German, lived in Germany for 4 years, and obtained the permanent resident (PR) ...
  A: your residence permit in Germany normally expires once you leave Germany for more than 6 months (§ ...
Secondment counting towards naturalisation8/22/2016Andreas Moser
  Q: There's a possibility that I will be seconded to Germany next year for up to two years. At the end, ...
  A: the 8 years (which are only 6 years if you speak German at B2 level) do not need to be consecutive. ...
Secondment to Germany from UK8/22/2016Henning Haarhaus
  Q: My girlfriend has been offered a job in Berlin. I am one of three British directors of a British ...
  A: I cannot tell you if it would turn out to be a win-win scenario for you because I do not know the ...
Power of Attorney Dissolution8/21/2016Andreas Moser
  Q: Does the Power of Attorney cease upon the death of the person you have the POA on - in Germany- as ...
  A: § 168 BGB [the German Civil Code]: When the POA ceases is based on the underlying contractual ...
German Naturalisation8/11/2016Andreas Moser
  Q: My girlfriend and I plan to marry at the end of this month. I also would like to start the countdown ...
  A: Without you and your wife living in Germany you cannot get a residence permit. But you should know ...
Art 116 Par 2/adopted descendants' eligibility7/30/2016Andreas Moser
  Q: I have looked through and can't find this question answered elsewhere, and hope that it may be ...
  A: My wishlist is indeed always up to date: ...
§ 14 StAG financial requirements7/29/2016Andreas Moser
  Q: It has certainly been very informative. I see that you recently answered a couple of questions about ...
  A: 1) There is no minimum income. You would need to show that if you were to move to Germany, you could ...

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German Law

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Andreas Moser

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Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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