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Legal Matters

The Single Permit Directive of 2011, establishes a simplified application procedure and one single permit for both the right to work and stay in the EU.

It gives non-EU nationals working in the EU the right to be treated equally to EU nationals, for example with regards to working conditions, social security, recognition of qualifications, and tax benefits.

Directive rules cover most non-EU workers, whether admitted to an EU country for work according to national rules. Persons admitted for other reasons, such as family reunification, are covered for equal treatment if they work. Some non-EU nationals are excluded from the directive such as seasonal workers and posted workers.

The directive applies in 25 EU countries (but not in Denmark and Ireland).

The single permit allows non-EU country beneficiaries to enjoy a set of rights, including:

  • the right to work, reside and move freely in the issuing EU country,
  • the same conditions as nationals of the issuing country as regards working conditions (such as pay and dismissal, health and safety, working time and leave), education and training, recognition of qualifications, certain aspects of social security, tax benefits, access to goods and services including housing and employment advice services.

The directive sets specific criteria, based on which EU countries can restrict equal treatment on certain issues (access to education/training, social security benefits such as family benefits or housing).

Objectives

Main objectives:

  • to facilitate the procedure for a third-country national to be admitted to work in an EU Member
    State, by introducing a single application procedure for a combined work and residence permit.
  • to ensure equal treatment between third-country workers and nationals of the permit issuing Member State, by providing a common set of rights regarding working conditions,
    education and training, access to goods and services, and social security.

Recast

The proposed recast of the Single Permit Directive will make the application procedure for the single permit more efficient. It will enable applicants to apply for permits from both non-EU countries and Member States. Currently, the long duration of application procedures unencourages employers from international recruitment. Reducing this duration will help increase the EU’s attractiveness and address EU labour shortages.

The proposal also includes new requirements to strengthen the safeguards and equal treatment of nationals of non-EU countries as compared to EU citizens and improve their protection from labour exploitation.

Under the proposed new rules, the single permit will not be linked to one employer alone. This means that within the period of validity of the permit, workers will have the right to change employers while continuing to reside legally in the Member State. This will facilitate labour matching and reduce vulnerability to labour exploitation.

Furthermore, the proposal includes new obligations for Member States to provide for:

  • inspections
  • monitoring mechanisms
  • sanctions against employers breaking the rules

Legal basis

DIRECTIVE 2011/98/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 2011

on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

 

Resources on the web

Depending on the situation, you might need to have documentation authenticated, certified, or make certified copies thereof.

Document authentication

South Africa and Germany are both members of the Hague Apostille Convention, you can find the list of countries here. 
This means when you need to authenticate documentation from South Africa, you can have it Apostilled.

Apostille and Notarisation are not the same. They are two different acts taken on a document and are used for different situations. Here is a summary of the differences between Notarised, Apostilled, and Legalised:

English TermGerman TermDescription
Notarisationdie Beglaubigung
etwas notariell beglaubigen		Notarisation is the act of officially certifying a legal document by a public notary. The purpose of having a legal document notarised is to ensure the authenticity of the signatures that appear on the document.
The notary verifies the identities of everyone signing the document and also witnesses the signing. The document is then marked with a stamp or seal.
Notarisation is always included in the Apostille, as it is a main requirement for obtaining the Apostille
ApostilleApostilleApostille certificates are a result of the Hague Convention, a treaty between over 100 countries that allows documents issued in one country to be accepted in another.
An Apostille is a certificate that is attached to the original document to verify it is legitimate and authentic so that it will be accepted in other countries
Legalisationdie Legalisierung
Die Rechskräftigkeit		In case the country that you are presenting your documents to is not a part of The Hague Convention here, Legalisation can be done instead.

Jesse Green from Apostil.co.za created an informative document to explain what an apostille certificate really is and when you need it

Information from DIRCO Consular Notarial Services (Legalisation of Official (Public) Documents)

How to get South African documents authenticated when you are in Germany

Apostille

An Apostille is a confirmation of authenticity and allows for a document (for example a birth certificate) to be accepted by authorities in another country.
More information on Apostilles and legalisation can be found here.

According to the South African Embassy in Germany, there are two options to have a South African unabridged birth, marriage, or death certificate authenticated with an apostille in terms of the 1961 Hague Convention:

  1. An application for a new unabridged birth, marriage, or death certificate shall be lodged together with a request for the document to be certified with an apostille (see suedafrika.org/en/visa-sa-documents/south-african-citizen-services.html).

OR

  1. The original unabridged certificate* currently in your possession shall be submitted in person to the Embassy in Berlin or Consulate-General in Munich together with:
  • a written request (in English) for the unabridged certificate to be authenticated with an apostille;
  • original passport/identity document and a photocopy (the photocopy would be certified and the original document returned to the applicant); and
  • a self-addressed A4-size envelope with postage paid (per Einschreiben), to return the original unabridged certificate after the apostille has been affixed.

* As per the advice provided by the Legalisation Section of the Department of International Relations & Cooperation (DIRCO), the document should preferably not be older than one (1) year (see http://www.dirco.gov.za/consular/legalisation.htm#off1).

Please note that in both the above cases, the application/documentation would have to be forwarded to the relevant departments in Pretoria, where they are finalised/issued and returned to our office in the diplomatic freight bag.
An application for a new unabridged birth, marriage or death certificate (with the apostille) may take up to 6 months to be finalised, while an apostille affixed to an original unabridged certificate provided by the applicant may take 2 to 3 months to be finalised.
Such applications/documentation are sent to the relevant departments in Pretoria by diplomatic freight bag on a monthly basis from our office.
Applicants who wish to expedite the delivery of application/documentation to Pretoria may elect to organise and pay for a courier – this should be confirmed when submitting the application/documentation to our office, which must be done in person.  (see http://www.suedafrika.org/downloads/Civic_business_hours.doc).

Difference between DIRCP and High Court apostille

Apostil has a great page which explains the difference between a DIRCO and a High Court apostille. 

–  you need to use DIRCO to apostille official Home affairs documentation

Notarisation

When the identity of the person signing a document needs to be verified, it needs to be signed in front of a Notary.

Certification and signing of documentation before a South African commissioner of oaths

Documentation may be certified or signed before a Commissioner of Oaths either at the Embassy of the Republic of South Africa in Berlin or at the Consulate General in Munich.

The relevant documentation to be certified and photo identification e.g. passport or identity document must be submitted in person and an appointment made for this purpose by contacting the Embassy in Berlin (Tel. 030 22073 0; Email: berlin.admin@dirco.gov.za) or the Consulate General in Munich (Tel. 089 231 1630; Email: munich.admin@dirco.gov.za).

Certified Copies of documentation

You can get certified copies of your original documentation at your local Bürgerampt, the Townhall or at a Notary. You can use the Ortdienste website to find your local Bürgerampt or Townhall. Click on the Bundesländer and zoom in from there.
In German it is called “eine beglaubigte Kopie”.
You will need to show the original document to them.

Certified Translators in South Africa

The German mission in South Africa has a list of certified translators. The list can be found here.

Translation services in on our Website

Angela Goosen – Sworn Translator

Based in Cape Town South Africa. I am a born South African, stayed in Munich for 13 years and am back in SA I am a sworn translator for the languages German, English, and Afrikaans

Birgit Böttner – Sworn Translator

Based in Johannesburg South Africa. I’m a qualified sworn translator for English & German, registered with the German Consulate in Pretoria Trained in Germany in German and English and sworn in by the High Court

Linguistika

A Multifaceted Language Service founded by Stephanie Schaffrath TAILORED ONLINE LANGUAGE TUITION: With over 12 years of experience teaching languages, Linguistika is committed to providing high-quality language instruction to individuals of all ages and levels

Helge Mayer translations services

Based in Germany. Helge Mayer (MA) – accredited/sworn translations German to English and English to German Masters Degree in Translations from the University of Heidelberg (Germany)  

Companies that can assist with documentation

Apostil

Get South African apostilles, police clearances, birth/marriage certificates, legalisations and much more quickly and efficiently through our legal service. We have helped thousands of people obtain and authenticate South African documents. Apostilles Police Clearance Home

Doc Assist

Embark on a hassle-free journey with our comprehensive document services. Whether you’re planning to travel, work abroad, or need vital documents, Doc Assist is here for you! Explore our services: 📜 Unabridged Documentation: Birth Certificates

Related Content

Documents to bring to Germany

The documents you will need in Germany will depend on your type of visa, your family situation, the company you work for, the schools or

Police Clearance Certificate

South Africa In South Africa you can apply for a Police clearance certificate at your local police station.The process can take up to six months.

The last thing you might want to think of while settling into your new home is funeral planning.
But this is something you will need to plan for as the rules and regulations are very different from South Africa.
The rules in Germany are very strict and funerals are extremely expensive.

Questions to ask yourself:

  • Do you want to be buried in a casket or be cremated?
  • Do you want your remains to be sent back to South Africa
  • If you opt for cremation, do you want your ashes to be sent to South Africa
  • If buried in Germany would you want a tombstone (also valid for cremation)
  • How will your family or estate pay for the funeral/repatriation costs? Here is a short video about how much a funeral costs in Germany

Rules in Germany

Funeral laws are regulated by the federal states. This includes issues such as the deadline for burial, death certificates, the determination of death and what happens in the case of an inquest.  Each federal state enacts its own law.

You can find the rules for each state here (in German)

Baden-WürttembergRheinland-PfalzBerlinBrandenburg
BremenMecklenburg-VorpommernHessenHamburg
NiedersachsenNordrhein-WestfalenBayernSaarland
Schleswig-HolsteinSachsen-AnhaltSachsenThüringen

The following are roughly translated and cannot serve as legal advice:

“The burial responsibility (Bestattungspflicht) specifies who is responsible for the burial of a deceased person.
This only implies responsibility and not an obligation to bear the costs. The obligation to bury a deceased person is in order of priority and starts with your spouse or life partner then your children, then your parents, next your siblings then grandparents and lastly grandchildren. If the obligation falls on more than one child, the eldest is usually responsible.  If there are no survivors to take over this obligation, the community (Gemeinde) will take over the responsibility.

The obligation to bear the costs is not regulated by the federal states. According to § 1968 of the Bürgerliches Gesetzbuch (BGB), the heirs have to bear the cost of the funeral. If the heir is a community, they will bear the costs. If the cause of death is a fatal accident, the costs can be reclaimed from the person who caused the accident. To read more about it in German have a look here. They explain a couple of scenarios.
When the estate is insolvent or over-indebted, and the heirs cannot pay the costs, the obligation to cover the costs may be passed on for example to relatives or maybe the person who caused the death, or the Sozialkasse if no one else can pay.”

Each state also has their own rules on the burial deadlines (Bestattungsfristen ). The time allowed to transfer a body to the morgue (Eine Überführung) can be anything between 24 and 36 hours. Burials may not take place before 48 hours after death. Some federal states also specify the deadline by which the funeral must be carried out at the latest.

Laws on miscarriage or stillbirth (Sternenkinder) are based on the weight of the fetus and are governed by the states.

In Germany, a deceased person or his ashes must be buried in a cemetery, and German law does not allow private persons, to handle remains. This means you are not allowed to take the ashes with you.
The only two exceptions at the time of publishing are if you have a burial at sea or if the urn is buried in a burial forest (Beisetzungswald/ Friedwald.)
In Bremen, you are allowed to scatter ashes on private property.

One of our members also mentioned the following with regard to a Sea burial:
An anonymous Seebestattung (no mourners) was 740 Euro in 2019, the Sterbeurkunden and Totenscheingebühren were an additional 148 Euro. They are in Genthin and Brandenburg.
The company is called Bestattung und Grabpflege Titze.

If you opt for a burial, you have to be aware of the fact that after 20/25 years your grave will be assigned to someone else, and the remains will be disposed of.

Funeral Insurance

Funeral insurance (Sterbegeldversicherung/ Sterbeversicherung) covers the cost of the funeral and depending on your cover, it can also cover the costs of repatriation for those who wish to be buried in their homeland.

You can have a look at some of these providers. We are not affiliated with them and only post here so that you can have a baseline to work from. Talk to your financial advisor to get professional advice,

Chad Joubert – Wealth Advisor

DIE GUTE WAHL – THE GOOD CHOICE – Agency for Allfinanz Deutsche Vermögensberatung. We are here for you, we provide you with professional support in your planning for the future: With the right concept, you are fully protected and build your wealth step by step. Ask for an individual (no fee) consultation. We advise you competently and reliably, via online meetings. Click the link to get access to our Bookings page: Financial advice as comprehensive as your life with our All-Finance Concept. At the beginning of our consultation there is always a detailed analysis of your financial situation and

What to do in the event of a death

  • If the death happens at home, the first thing you need to do is call your doctor or a Notarzt, who will write a cause of death certificate (Totenschein)
    If the death happened in a hospital, they will take care of the cause of death certificate (Totenschein). You need this to apply for a Formal Death Certificate (Sterbeurkunde). The Death Certificate is a very important document, you will need it for everything related to the funeral and insurance.
    Relatives or the undertaker can apply for the Death Certificate (Sterbeurkunde).
  • As an expatriate, you will need to contact the consulate, from whom you must obtain the death certificate. The consulate can also advise you on Funeral homes or how to send the remains back to South Africa if needs be. You can also contact a funeral home (Beerdigungsinstitute) yourself. From my understanding, the consulate can issue you with an English death certificate, that you might need for insurance claims or repatriation of the remains. They will need the original German certificate.
  • You will need to notify the Ausländerbehörde.
  • A funeral home can organise almost everything for you, at a cost of course. They can help with notifying the Standesamt, the flowers, gravestones, etc.

Virtual Funerals / Memorial services

Anelia from Herklink organises virtual memorial services

Herklink Virtuele Begrafnisse

Anelia se oupa is in Mei 2020 in die Wes-Kaap oorlede. In Junie skryf haar ouma via Whatsapp: “Ek kon nie eers my maat groet nie… ek kon net vir oulaas by die hospitaal se ingang my elmboog teen syne druk. Hy het in sy laaste oomblikke na my geroep en ek kon nie daar wees nie.” Na aanleiding van hierdie onbewustelike roep na hulp, ontwikkel Anelia en Andri ‘n “virtuele gedenkdiens”. Bydraes kom van reg oor die wêreld: sy dogter en kleinkinders in Australië, familie oor die hele land, die NG Gemeente uit sy geliefde tuisdorp. Op hierdie

Wills and Testaments

You can specify your funeral wishes in your testament, but you will have to register one in Germany. You can do it at a Notar or use a company like the Deutsche Vorsorgedatenbank.

Types of wills:

  • A public will (Öffentliches Testament) also known as a notarial will (notarielles Testament) is prepared and sworn to in front of a Notary
  • A holographic, or a handwritten will (eigenhändiges Testament), in which case the deceased’s signature is legally binding

Some useful websites

Terminology

Eine Überführungden Transport des Toten vom Sterbeort in die Leichenhalle oder zum Friedhof.
Die Nutzungsdauereiner Grabstätte entspricht den Ruhefristen. Diese liegen üblicherweise zwischen 15 und 25 Jahren.
Eine Umbettungeine Verlegung des Verstorbenen in eine andere Grabstelle.
Eine Exhumierungist die Ausgrabung eines Toten.
BestattungspflichtResponsibility to bury someone
KostentragungspflichtResponsibility to cover the costs
Erblasserdas ist der Verstorbene
Erbfallder Tod des Verstorbenen
Nachlass oder Erbschaft das hinterlassene Vermögen/Besitz
Erwerb von Todes wegender Erwerb einer Hinterlassenschaft aufgrund des Erbrechts
BeerdigungThe physical burial
BestattungThe Funeral
BeerdigungsfeierThe Funeral service
der FriedhofCementary
die Einäscherung/FeuerbestattungCremation
BeisetzungswaldBurial forest
BestattungsfristenBurial deadline
Der TotenscheinA certificate issued by a medical professional. You will need this to get the official Death Certificate (Sterberkunden)
SterbeurkundenDeath Certificate issued by the “Standesamt”
SterbegeldversicherungFuneral insurance
TotenscheingebührenCost for the death certificate
UrnengrabUrn Grave
UrnenwandUrn Wall
BestattungsrechtBurial Laws
Notfallkarte Emercency card
NotarNotery

Related content

Wills and Testaments

The intention of this page is to serve as a reminder to make sure your paperwork is in order. It is important to know what laws will apply to you and your heirs or estate when you are deceased and you were a South African citizen with permanent residence in Germany.Do you need a will/testament in Germany, or will your South African will/testament suffice?Since we are not legal professionals we cannot answer these questions for you. The best advice we can give you is to speak to a qualified lawyer or professional.  Possible considerations: Is your South African will and testament

SA Consular and Embassy services

The Embassy is in Berlin.Physical Address:Tiergartenstr. 18, 10785 Berlinberlin.consular@dirco.gov.zaTel.: +49-30-22073-0Fax: +49-30-22073-190Facebook page Consulate  in MunichPhysical Address:Sendlinger-Tor-Platz 5,80336 Munich,Germanymunich.consular@dirco.gov.za+49 89 2311630 from 8:00 am to 4:30 pm. Currently the Munich office are experiencing problems with their telephone lines, which will hopefully be working soon.Facebook page Honorary Consuls The Honorary Consuls are tasked with the promotion of the South African export trade, serve as contact persons for visiting South African business people, distribute general information on South Africa and represent South Africa at functions and receptions. IMPORTANT: Honorary Consuls do not have the mandate to deal with ANY Consular-related matters e.g. certifying of documents, processing

Pension

Homepage of the Deutsche Rentenversicherung Information about the German state pension scheme can be found on their homepage for foreign languages. The German site has a lot more information. To make use of their online services, your Residence card must be activated for online use. How to apply for a Social Security number? Your Social Security number is used as identification for health insurance (public), pension, long-term care, and unemployment insurance. You can get this number in different ways, depending on your situation. Public Health Insurance – You receive your number automatically when you first sign-up for public health insurance in Germany. If you

The intention of this page is to serve as a reminder to make sure your paperwork is in order. 
It is important to know what laws will apply to you and your heirs or estate when you are deceased and you were a South African citizen with permanent residence in Germany.
Do you need a will/testament in Germany, or will your South African will/testament suffice?
Since we are not legal professionals we cannot answer these questions for you. The best advice we can give you is to speak to a qualified lawyer or professional.

 Possible considerations:

  • Is your South African will and testament valid in Germany?
  • Is your living will valid in Germany?
  • What will happen to your assets and debt in South Africa
  • What will happen to your assets, pension, bank accounts, and debt in Germany
  • Your funeral arrangements
  • Children/heirs living in South Africa
  • Spouse continuing to stay in Germany or moving back to South Africa
  • How does the law differ between SA and Germany for example Pflichtteil (§2303 BGB), 

German law

Sections 1924 et seq. of the German Civil Code (BGB) contain precise provisions on how the estate of a deceased person should be distributed among the surviving dependents if the person has not provided for an arbitrary succession by means of a will or contract of inheritance.
 A distinction is made between two groups of people – relatives and spouses or life partners. They are subject to the provisions of relative inheritance law and spouse inheritance law.
Inheritance law provides for a division of relatives into groups. For more information in German, visit The Deutsches Erbezentrum. 

What is a Berliner Testament

According to The Deutsches Erbezentrum – “The Berliner Testament is a joint will that married couples and registered civil partners can draw up. Unmarried couples, on the other hand, do not have this option. The special feature of this spouse’s will is that the spouses choose each other as sole heirs – and their children are thus initially disinherited.
The succession laid down in the Berlin Testament differs from the statutory succession, which provides for a share of the inheritance for the common descendants and thus leads to the formation of a community of heirs with the surviving parent.
The amount of the inheritance per child according to the statutory succession depends on the number of siblings and the marital property regime of the parents. As a rule, the marital property regime applies, in which the inheritance is divided equally between the partner and the children. For example, if a spouse leaves behind a wife and two daughters, they each inherit a quarter and their mother half of the inheritance.

Resources on the web

Related content

Legalising Documents

Depending on the situation, you might need to have documentation authenticated, certified, or make certified copies thereof. Document authentication South Africa and Germany are both

Funerals

The last thing you might want to think of while settling into your new home is funeral planning.But this is something you will need to

German laws and regulations

Where to find information The Bundesamt für Justiz publishes the laws and regulations to a the Gesetze im internet website. The main site is in

Television Licence (der Rundfunkbeitrag/GEZ-Gebühr)

The first thing you are likely to get in your new mailbox after registering at the Bürgeramt is a reminder to pay your TV & radio broadcasting fees.
The 2023 fees are €18.36 per month and can be paid quarterly  (€55.08) or €220.32 per year
The fee is mandatory.  
Every household in Germany has to pay the fee even if you do not own a TV or radio. It does not matter if you have subscriptions to Sky, Netflix etc.

You can apply for an exemption or a reduction.
When you rent a place where it is included in the price (always ask!!!), or your flatmate is already paying, you have to let the GEZ know that someone else is paying on your behalf.
You can find the form on this site

You can also find more information on the official website, it is only available in German.

Please inform yourself about broadcasting rules and copyrights governed by GEMA. and the following warning about using VPN’s.  

VPN

Warning!
VPN’s are legal in Germany, but infringing on copyright and accessing content that should not be available can result in legal action.
Copyrights are governed by GEMA – “The Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA; English: Society for musical performing and mechanical reproduction rights) is a government-mandated collecting society and performance rights organization based in Germany.”

Basically this means if you want to watch a South African program but it has no license to air in Germany, and GEMA does not earn their fees, it would be considered illegal to watch it in Germany.
So although it is possible to watch DStv in Germany via a VPN, it is not recommended.

Downloading Movies, Music and other media

Watching movies via the Internet or downloading songs is often prohibited. Many online file-sharing services are illegal. German laws are strict about this. 
Please inform yourself about what is allowed and what the penalties are for not adhering to the rules

  • Article from Deutsche Welle – Warning on illegal downloads
  • Information from the European Consumer Centre can be found here

German Television

  • You can find a list of German state-operated television stations here.
  • Your bouquet will depend on your internet service provider for example this list from Vodafone

Pay Television

  • Sky
  • Sony, this channel can also be added to your Amazon prime account
  • Disney

Streaming Services

Streaming is legal in Germany as long as the service provider follows the correct copyright rules. 
Torrenting is illegal in Germany. 
Here are som legal suggestions:

  • Netflix
  • Joyn – Joyn GmbH (previously 7TV Joint Venture GmbH) is a German joint venture of the media groups ProSiebenSat.1 Media and Discovery, which deals with streaming media products. Among other things, it operates the Joyn streaming platform of the same name, the Maxdome Store pay-per-view service and the Eurosport Player sports streaming service. 
  • Amazon Prime
  • Magenta TV
  • Showmax – South African content

You can read more about streaming on the European Consumer Centre Germany  – and download their English Safer-Streaming-EN.pdf file

Related content

Radio Stations and Playlists

Most South African radio stations have a streaming option, another option is to download apps with a selection of radio stations. Here are some suggestions

Streaming South African content

Your best option to legally watch South African products is to get a subscription to Showmax or Netflix.  Showmax Unfortunately Showmax will only be available