Instances that May Lead to Losing Your German Residence Permit

daueraufenthalt EU visum

If you are planning to be out of Germany for a couple of months and your residence permit is almost expiring, the State Office for Public Order Affairs – Landesamt für Bürger- und Ordnungsangelegenheiten, has just published new information as regards to deadlines for the expiry of residence permits during stays abroad.

All this information can be found within the Aufenthaltsgesetzt § 51 Abs. 1 AufenthG

For all valid residence permits:

You plan on staying abroad longer than the allowed time period for your residence permit?

  • The residence permit is not withdrawn if the holder exceeds the deadline during military service and/or returns to Germany within 3 months, after discharge from military service.
  • If the holder makes a formal request with immigration authorities for an extension.

 

Different deadlines for residence permits

This include, residence permits, EU Blue Card, settlement permits and permission for permanent residence in the EU.

 

Residence permits (Aufenthaltstitel)

A residence permit expires 6 months after departure from Germany.

A longer period may be allowed on request, if the stay is in the interest of the Federal Republic of Germany abroad. This is for example is in the case of a stay abroad as:

  • An aid worker,
  • A family member of a German diplomat abroad,
  • A student at a local university, taking one or two semesters at a foreign university,
  • A person on a mission abroad for an international company with headquarters in Germany

Additionally, if you leave to start school or university abroad, your residence permit is automatically invalid at the point of exit. It does not matter if you return to Germany before the 6 month deadline.

 

The EU blue card

An EU Blue Card is valid for up to 12 months after departure from Germany.

This period also applies to family members of an EU Blue Card holder, who have residence permit for family reasons.

For those travelling for longer periods, a formal request should be made, if the stay is in the interests of the Federal Republic of Germany abroad. For instance, this applies to those on an assignment abroad for an international company with headquarters in Germany.

 

Permanent Residence permit (Niederlassungserlaubnis)

A Permanent Residence permit expires 6 months after departure from Germany.

The Permanent Residence permit will expire 12 months after departure from Germany, if

  • the holder is 60 years old,
  • was staying legally for at least 15 years, in the Federal territory.
  • The same applies to his or her spouse, who has a permanent residence permit, if they are also at least 60 years old.

However, the permanent residence permit does not expire for periods abroad longer than 12 months,

  • for individuals who have had legal residence in Germany for at least 15 years, and if their livelihood is secured (can sustain themselves without depending on the state)
  • to spouses with a permanent residence permit
  • to those in a marital partnership or registered partnership with a German national.
  • to holders of a Bescheinigung allowing them to stay abroad longer than the allowed 12months. This Bescheinigung can be applied for at the local Bürgeramt or the Ausländerbehörde

 

Permission for Permanent Residence in the EU (Erlaubnis zum Daueraufenthalt-EU)

It expires after

  • 12 months if one stays outside the European Union or in the EU countries, Denmark, Great Britain and Ireland.
  • 24 months for a stay outside the European Union or in the EU countries, Denmark, Great Britain and Ireland, if you had an EU Blue Card in advance. This period also applies to family members, with residence permits for family reasons.
  • 6 years outside Germany or if you get an Erlaubnis zum Daueraufenthalt-EU from another country within the European Union

However, the permanent residence permit does not expire for periods abroad longer than 12 months,

  • for individuals who have had legal residence in Germany for at least 15 years, and if their livelihood is secured (can sustain themselves without depending on the state)
  • to spouses with a permanent residence permit
  • to those in a marital partnership or registered partnership with a German national.
  • to holders of a Bescheinigung allowing them to stay abroad longer than the allowed 12months. This Bescheinigung can be applied for at the local Bürgeramt or the Ausländerbehörde

 

In all other cases, a longer period at the request be permitted if 

  • If the stay abroad is temporary (for example, for the care of a close relative, for a semester while studying) or
  • if the stay abroad serves the interests of the Federal Republic of Germany
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