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I have been working in Germany for the past 3 years. My wife is not working but she has a residence permit in Germany and a Blue card just like me. We are expecting a baby in January 2019. We are planing to go to India for delivery and she will come back along with the baby when the baby turns 6 months. I have the following questions.

  1. Will I get any parental leave (paid or unpaid) even if my wife is not working? If yes, how long?
  2. Will I get Elterngeld as everyone gets in Germany or is there any difference if the baby is born outside the EU?
Raj
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    Possible duplicate of Parental leave in Germany for expats – Martin Bonner supports Monica Jul 09 '18 at 11:04
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    I saw this, but everywhere they mentioned something like wife is employed. I didn't find if the wife doesn't work. – Raj Jul 09 '18 at 11:30
  • I think for my case, they mentioned something in one of link in the comment, but that link is not working now. – Raj Jul 09 '18 at 11:37
  • Out of curiosity: what benefit is there from making that huge trip during pregnancy? – bukwyrm Jul 09 '18 at 14:42
  • @bukwyrm - indian citizenship for the baby by birth? – Aganju Jul 09 '18 at 23:13
  • @Aganju: India follows jus sanguinis, so if both parents are indian, the child holds dual citizenship until 18, or not? – bukwyrm Jul 10 '18 at 05:38
  • @bukwyrm - We don't actually need German citizenship. We never know, when we will return to India but definetly we won't be in Germany after 3 to 4 yrs. The main benifets of going to India is, Family members will be their to look after my wife. We are born and bought up with family members, we have been adjusted for that environment. Especially at pregnancy, girl need someone to take care atleast her mother or some ladies. We might get here, if we pay but that is not so much comfortable and also we thought of travelling at 4 month month of pregnancy after consulting the doctor. – Raj Jul 10 '18 at 09:36
  • Understandable. I hope you did not take offence at me asking. Please be aware that Elternzeit can only begin after the birth of the child, and is solely meant for raising the child, so if you should be otherwise engaged while your wife and relatives do the caring, Elternzeit may be cancelled. Also be aware that birth certificates from non-EU countries may lead to some bureaucracy, so possibly investigate beforehand what is needed as proof of birth. – bukwyrm Jul 10 '18 at 13:26
  • @bukwyrm as far as I know Germany has very limited jus soli so I would be surprised if giving birth in Germany would lead to German citizenship for the child. – phoog Aug 08 '18 at 16:35
  • @phoog : since 2000, any child of foreign parents born in Germany, and having lived there for at least 8 years, can choose German citizenship at 18. – bukwyrm Aug 09 '18 at 10:17
  • @bukwyrm thanks for the correction. Does "having lived there for 8 years" refer to the child or to the parents? – phoog Aug 09 '18 at 11:23
  • @phoog : this only pertains to the child, afaik – bukwyrm Aug 09 '18 at 13:11

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As long as the contract of employment was done under German law, you can take 3 years of elternzeit, regardless of the employment status of you wife and your residence.

Keep in mind : Elternzeit has to be announced at least 7 weeks before beginning it. You are guaranteed A job on return, not the job you had (but you are also guaranteed your salary.

bukwyrm
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