levon

Kindergeld rejection on the basis of 20 AufenthG

I hold a residence permit under $20 Abs1. 1 AufenthG with work authorization that is valid Jan 2027. I am a non EU citizen and holding master degree from a German university. With this residence permit i have been working in Germany for couple of months paying my social insurance contributions and wage taxes. However, i have not been found eligible to receive kindergeld for my kids on the basis of $20 Aufenth G that is not of the suitable residence permit for granting kindergeld. On the contrary, i have fulfilled 62 EstG’s requirements paying taxes and contributions, working in Germany to receive kindergeld. Is the familienkasse right on legal basis for rejecting? It is also quite confusing that i received kindergeld during my master study after i started as working student.

3 Comments

Reply (3)

AnnaGapa_volunteer

Hi, levon!

Your situation is understandable — it’s confusing because different laws regulate Kindergeld eligibility.

Under § 62 EStG, eligibility depends on both residence and tax status. However, the decisive factor is your residence permit type under the Aufenthaltsgesetz. Unfortunately, § 20 Abs. 1 S. 1 AufenthG (for job seekers or certain limited purposes) is not one of the residence titles that qualify for Kindergeld under § 62 Abs. 2 Nr. 2 EStG.

That’s why Familienkasse likely rejected your claim — they are legally correct in doing so, even though you are paying taxes and social contributions.

Tip: If your employment becomes more permanent, you can ask your Ausländerbehörde whether your residence permit can be changed to one under § 18b (qualified employment) or § 18c (permanent settlement). Holders of those permits do qualify for Kindergeld.

More info on § 20 Abs. 1 S. 1 AufenthG (for job seekers or certain limited purposes)

Anna, volunteer

levon

Dear Anna thank you very much.i understand i am not entitled with kindergeld due to legal basis, however i made further search and have reviewed Kindergeld guidance document KG52-T for Turkish citizens and i am a Turkish national and due to bilatarel agreements between Turkey, Germany such as Ankara Agreement,regardless of permit title as long as Turkish nationals work legally in Germany and pay mandatory social contributions they are entitled to receive Kindergeld. My previous residence title was under 16b/Master Studium and probably due to these bilatarel agreements i received Kindergeld during my master with working student contract although under EstG 62, residence permit 16b is also not eligible for Kindergeld.

Could you please check if i am interpreting correct and the German–Turkish Social Security Agreement, the Association Council Decision EEC/Turkey No.

3/80, and the Provisional European Social Security Agreements enables me to receive Kindergeld as Turkish citizen working in Germany, paying mandatory social contributions including unemployment insurance but still with residence permit title 20 allowing full time work permit

My_Community_Managerin

Updated:

Thank you for getting back to us and sharing your research!

You are right, that there are exceptions for certain countries, such as Turkish citizens. Here you can find more information about child benefits. Nevertheless, as my research shows, you might need to be employed or are receiving unemployment benefit I, short-time work benefit, or are on parental leave in order to receive child benefits. Since you started working and are paying social insurance contributions, there should be a misunderstanding.

If it's not too late yet, it would be important for you to file an objection, so that your case can be reviewed again. You can find more details about it in your letter of rejection. You can also contact a Youth Migration Service. They can go through your documents with you and help you explore your options. You can enter your zip code to find a close one in your area.

Please let me know if you need support or have further questions.

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