Catch 22 by TK - Can anybody offer advice??

[maryrrf]

Hello all ! I remember from the old ToyTown there were some insurance experts, but I don't have their contact information and the old TT is gone. I'm hoping someone will see this and be able to give me some advice!
Here's my situation:
I'm an American married to a German citizen, who is retired. We were married in December 2017 and I was familienversichert with TK. We moved to Spain in November of 2018. We moved back to Germany this past August. Before we moved, we went to the TK office in Passau and were assured that, as long as I provided an E104 formular proving that I had been insured for at least one year on the Spanish national health system, I would be accepted back into TK, and that it would be retroactive to the date that my Spanish insurance expired. We went back to Spain to pack up for the move, and I was able to obtain this formulaire, duly stamped and signed by the Spanish National Health service. My Spanish health coverage ended when I did my abmeldung from Spain - August 8th. I did my anmeldung in Germany on August 19th. I have now received a letter from TK stating that since there is a gap between August 8th, when my coverage from Spain ended, and August 19, when I registered in Germany, it is only possible for me to be insured if I have an aufenhaltserlaubnis valid for at least 12 months. The problem is I can't get the Aufenhaltserlaubnis until I have health insurance. And if I take out private insurance to get the Aufenhaltserlaubnis, I will no longer be eligible for German public insurance.
I'm not sure what to do - this is a catch 22! I'm 69, so private insurance will likely be impossible.
Any advice??? I'm really stressing because I did what the TK representative advised, but now I'm screwed...

[Franklan]

Read this (or ask your husband to read this, understanding German legalese is usually tough)...

https://www.anwalt.de/rechtstipps/die-k ... 24881.html

Translated with DeepL.com:
1. entitlement to admission to statutory health insurance.

As a rule, foreign nationals may be entitled to family insurance under § 10 SGB V. This is the case, for example, if the foreigner is married to a person who is covered by statutory health insurance and the foreigner has no or a low income. This health insurance is non-contributory.

If family insurance is not possible, the foreigner may be subject to compulsory insurance: Persons who have no other entitlement to cover in the event of illness and...

As you are eligible for "Familienversicherung", and the way I understand what that lawyer wrote, you do not have to to show them "Aufenthaltserlaubnis".


It is my understanding that sometimes the "representatives" in hick towns do not know what they're talking about, as they rarely handle cases with foreigners. My suggestion ist to contact the English speaking support of TK, they're very likely more familiar with cases like yours than the local "representative".

English speaking support at TK

[maryrrf]

Thank you, Franklan!
I'm not entitled to familienversicherung because I started getting my pension from the USA while I was in Spain, and of course I disclosed this to TK when I first made the inquiry. At that time, they assured me that I could rejoin, as I was previously insured by them, and pay according to my income. According to this link https://www.krankenkassen.de/incoming/l ... rbstaetig/ I have 3 months to join public insurance if I was publicly insured in another EU country, which I was. It doesn't say anything about having an aufenhaltserlaubnis, which I can't get without insurance.
This is what is so frustrating...and if they keep delaying and imposing more conditions the three month window will be up...which may be what they want.
I will take your advice of asking to talk to an English speaking representative at TK, and thank you so much for providing the link to the sozialgesetzbuch. I had been searching for that. Between my German, my husband's help and Google translate maybe I will find something there that will help me.
If all else fails, can anybody recommend a lawyer or advocate who could help with this? Or, can anyone recommend a temporary insurance that I can use to get the aufenhaltserlaubnis - one that won't be considered as "private" so that I would be locked out of public insurance forever?

[Franklan]

[..]
If all else fails, can anybody recommend a lawyer or advocate who could help with this?

The link that I posted is a statement from a lawyer, including possibility to contact him. I cannot *personally* recommend that guy - as I do not know him - but it appears he knows what he is talking about...

[sam]

There was a person called starshollow on the old toytown and if you Google "starshollow toytown" their website comes up. I haven't used them professionally but did read their posts a fair bit.

[editorL]

There was a person called starshollow on the old toytown and if you Google "starshollow toytown" their website comes up. I haven't used them professionally but did read their posts a fair bit.

This was on the old forum. The individual you mentioned did not decide to join this new forum (yet). Please don't push it.

[bethannbitt]

I have just PMed you with a link to a very reputable firm for expats that helped us get back into public health insurance in DE at 55+ (American here with a DE/American hubbie). We also had the exact same maddening catch-22, but our rep knew exactly how to do what needed to be done to solve that problem too. This was exactly 5 years ago! Our cases aren’t exactly alike, but have overlap. I know it’s stressful, as I lived it, and I wish you the best of luck.

[maryrrf]

Just to update, the situation was resolved when I sent TK my Spanish residence card, so all's well in this case. But it's shocking how little guidance the employees in the various TK offices provide. They gave me wrong information on several occasions.

[colincostello]

I am sure the employees did their best to advise you correctly , but your situation was complicated. I am glad you got it sorted.

[sam]

I'm so glad your situation was sorted and thanks for the editor pointing out that the person I referred to is no longer in business. Time moves on....