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work in lux mon-fri but living in germany the weekends  

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mdecos
5 Messages

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Il y a 6 ans   

Hello, 

I am a spanish national living in germany for 3 years. I have a small kid with my german partner but we are not married.

I am about to accept a job in Luxembourg, however i have a question that no one could answer so far.

We live currently near Frankfurt, 160 km away in a straight line to Luxembourg. I will rent an apartment in Luxembourg to stay monday to friday and return to my german residency friday to monday morning.

I was told that once i work and have an appartment rented in luxembourg i must register as a resident in luxembourg.

However, i want to keep my residence (anmeldung) in Germany, basically for two reasons: in case something goes wrong with my partner, it would be too easy for her to say that I "abandoned" them, as i live in a different country with no links to them. The second reason is because i believe it makes sense, i just go to luxembourg to work monday to friday, but my home and family are definitely in germany.

At work they tell me that i cannot have the status of cross-border worker as my family is way too far from luxembourg.

In luxembourg information office they tell me luxembourg does not recognize a second residence

in germany they only recognize second residences inside german territory

on top of all that, in the spanish consulates they freak out as if i would manage to have residence in both countries (dont even know if this is possible to start with) i would be oblied to register in both consulates and this is not possible!

Is there someone here in my situation? what is the best thing to do? i know that "dont tell anything in germany and keep your anmeldung there" is a possibility but i would like to avoid being in an "irregular" situation.

PS: this has nothing to do with taxes, i dont care about taxes, everyone i ask goes directly to the subject as seems that luxembourg is kind of the paradise blah blah blah, but really, the only thing i want is to have a regular situation in germany and work monday to friday in lux.

thanks a lot for your help!!!


Illustration du profil de
hermione57100
34 Messages

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Il y a 6 ans   

Hi

I'm not sure, but I think you can still be considered a frontalier if you go back home at weekends.  I don't really think that distance comes into it.

I hope you get your situation resolved.

 


Illustration du profil de
MichelAnge0
1 Messages

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Il y a 6 ans   

hello 

guess a lawyer will have a good answer for you 

 


Illustration du profil de
mdecos
5 Messages

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Il y a 6 ans   

Thanks for your comment. I thought the same, but the HR people in my new job say 100% sure it isn't possible and that luxembourg authorities will not accept it and that I might get into trouble.....


Illustration du profil de
mdecos
5 Messages

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Il y a 6 ans   

Thanks! Do you (or anyone) happen to know one that deals with these kind of lux-de issues?


Illustration du profil de
riza06
19 Messages

Hors ligne

Il y a 6 ans   

Hi,

Why wouldn't you rent an appartment in either Konz or Trier for workdays? It could be easier for you.


Illustration du profil de
mdecos
5 Messages

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Il y a 6 ans   

My new job will be in the opposite side of luxembourg, trier would be 1 hour commute every day. Renting a second apartment to be still one hour away hurts too much. I mean, it is an option, but if there is a way to solve it in an office.... you know what i mean? I still hope to find people in my situation (i bet there are many living in Germany and renting something in lux) to know how they do it. But thanks anyways 🙂


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martine1967
36 Messages

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Il y a 6 ans   

Hello,

I'd contact CEC, the European Consumers' Centre, Tel 2684641, and ask for Ms Karin Basenach, she's the head of the Centre, is German  and is a lawyer. She might be able to help you. Good luck!


Illustration du profil de
Wicked
140 Messages

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Il y a 6 ans   

I think this is bullshit,  distance doesn't matter whatsoever in your status.

If I were you I would ask your HR what is the limit distance to be considered as a frontalier ...

Then, I don't think that renting a place without having your main resicence in Luxembourg is illegal.

I guess that plenty of cases exist

At some point in time I personally lived in Luxbg for years, and I was domiciled in France

No problem at all.

And in case there is a problem, you can easily prove your good faith. Luxembourg authorities will not go after you.Problem is much more the other way around. People living in FR DE or BE and having a fake residence in Lux to avoid and pay taxes in their home country.


Illustration du profil de
Wicked
140 Messages

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Il y a 6 ans   

And accroding to European directive 1408/71/CEE, a 'frontalier' is defined as

le terme «travailleur frontalier» désigne tout travailleur qui est occupé sur le territoire d'un État membre et réside sur le territoire d'un autre État membre, ou il retourne en principe chaque jour ou au moins une fois par semaine;

Text ios not available in english, but it means that you have to work in one country and live in another one, and you haver to go back to your country of residence every day, or at least every week

 


Illustration du profil de
mdecos
5 Messages

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Il y a 6 ans   

Thanks a lot to everyone, specially Ms. Basenach, who spent some time helping me (NOTE: this is not her job).

For the record, if someone else in interested:

Seems that there is no solution, at least not an obvious one, i will have to unregister in Germany and have my residence in Luxembourg with no link to my kid 🙁 Some city halls in Luxembourg even ask for a document that states that i am not registered anymore in germany in the moment you want to register there...

What i can do is to go to a Notar in germany that states that i do come and live the weekends in germany, lets see how this works out, havent done it yet.

Apparently things are different if i would live in Belgium, where it is possible to register as a second residence (students suposedly do that), but not in luxembourg.

Still find surprising such a nonsense, but well...

 


Illustration du profil de
cgSPR
8 Messages

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Il y a 6 ans   

Hello I sent you a private message