Invalidity of German residence permits due to stay abroad
There are various circumstances under which a foreigner can lose their residence title in Germany. One of the relevant scenario for most of the foreigners is stay away from Germany.
For a longer stay abroad, ideally one can contact the Ausländerbehörde in advance for a re-entry certificate. Some of the important documents required are-
- Written statement about the reasons for your stay abroad.
- Proof of enough means of subsistence (No assistance from social support required).
- Proof of German Health insurance coverage.
- Proof of expenses related to Housing.
A longer period shall generally be granted, if the foreigner intends to leave the federal territory for reasons of a temporary nature and is in possession of a permanent settlement permit, or if the stay outside of the federal territory serves the interests of the Federal Republic of Germany.
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A foreigner can lose residence title-
- If the foreigner leaves the federal territory for a reason which is not of a temporary nature (for e.g. to attend school, work, marry and settle abroad etc).
- If the foreigner leaves the federal territory and fails to re-enter it within six months or within a longer period set by the foreigner’s authority.
Based on above two gesetz, lets check the deadline for three important residence title in Germany.
A Blue card holder and their family members can stay up to a maximum period of less than 12 months outside Germany.
Read Here: More Rights with EU Blue Card
German Settlement Permit
A settlement permit holder can stay up to a maximum of less than 6 months outside Germany. Further there are exceptions under following circumstances:
- If you are a spouse or registered partner of a German national- then you should make a joint statement that your relationship holds valid even in your absence and after your return to Germany.
- If you have already resided in Germany for more than 15 years and you are at least 60 years old, then you can stay up to a maximum period of less than 12 months outside Germany. The same applies for your spouse or registered partner who is 60 years or older.
- If you have already resided in Germany for more than 15 years and you have enough means of subsistence after return to Germany, then you are flexible to return. The same applies for your spouse or married partner.
Know More: German Settlement Permit
EC Permanent settlement permit (Daueraufenthalt EU)
An EC Permanent settlement permit holder can stay up to a maximum of less than 12 consecutive months (or 24 consecutive months for ex Blue Card Holder) outside EU or in Great Britain, Ireland or Denmark. Further there are exceptions under following circumstances:
- An EC Permanent settlement permit holder can lose their Residence title, if they live in another member state of EU except Great Britain, Ireland or Denmark for more than six consecutive years.
- A EC Permanent settlement permit (issued from Germany) holder can lose their Residence title, if they apply for the same in another EU member state.
- If you have a valid above discussed residence title from Germany and you are currently abroad, and if you’re not planning on coming back, then there’s no guarantee that your permit will continued to be recognized.
- If your permit does remain valid, then you still need to keep to the 90/180 days rule for Schengen travel: you can be in Schengen countries other than Germany only for up to 90 days in any 180-day period.