Due to the pandemic or voluntarily: we are contacted again and again by our clients because they are denied to re-entry into Germany despite having a residence permit.
Reason: the non-temporary or more than six-months-lasting absence from German territory.
During the Covid 19 pandemic, there were exceptions. The Federal Ministry of the Interior responded to the massive travel restrictions by, among other things, requesting the immigration authorities (Ausländerbehörde) to grant generous extensions of time limits upon application.
In this article I would like to give you a brief overview of the subject:
Reason: the non-temporary or more than six-months-lasting absence from German territory.
During the Covid 19 pandemic, there were exceptions. The Federal Ministry of the Interior responded to the massive travel restrictions by, among other things, requesting the immigration authorities (Ausländerbehörde) to grant generous extensions of time limits upon application.
In this article I would like to give you a brief overview of the subject:
When will my residence permit expire after I leave Germany?
For example, a residence permit expires if the departure is not temporary or if the return does not take place within six months or a longer period set by the immigration authorities (Ausländerbehörde).
Does this always apply?
There are exceptions to this rule, for example if the departure is part of an intra-company transfer or if the departure is for the purpose of performing mandatory military service in the home country.
Another important exception is in cases where the person in question has been unlawfully forced into marriage by means of violence or threats and has been prevented from returning to Germany (keyword: forced marriage).
But does the permanent residence permit also expire if you leave German territory for longer than six months?
The permanent residence permit of a third-country national who has been legally residing in Germany for at least 15 years, as well as the residence permit of a spouse in the case of a long-term partnership, does not expire if the person's financial livelihood is secured and there is no interest in deportation according to german law (§ 54 Absatz 1 Nummer 2 bis 5 oder Absatz 2 Nummer 5 bis 7 AufenthG).
If you are staying abroad for longer than six months, you can apply for an extension of the validity despite your long-time absence.
There are other deadlines for permanent residence under European law.
The right of permanent residence in the EU is based on the Permanent Residence Directive (2003/109/EC of 25 November 2003) and only expires if you are absent for 12 uninterrupted months. In this case, departure does not mean departure only from German, but from the territory of all EU Member States.
If the long-term residence permit under European law was issued in Germany, it will also expire if the third-country national has resided outside Germany (but within the European Union) for six years.
Conclusion
There are various reasons for the expiry of a residence permit under German law.
Losing the legal status of a residence permit can have serious consequences and should be avoided at all costs. It is important to take precautions in advance.
Feel free to contact us for more information: We will be happy to advise you.
Damla Yağbasan
Attorney at Law
Ms Yağbasan is an associate attorney at Sangong Law Office. Sangong is specialised in migration, white-collar crime and criminal tax law.
For example, a residence permit expires if the departure is not temporary or if the return does not take place within six months or a longer period set by the immigration authorities (Ausländerbehörde).
Does this always apply?
There are exceptions to this rule, for example if the departure is part of an intra-company transfer or if the departure is for the purpose of performing mandatory military service in the home country.
Another important exception is in cases where the person in question has been unlawfully forced into marriage by means of violence or threats and has been prevented from returning to Germany (keyword: forced marriage).
But does the permanent residence permit also expire if you leave German territory for longer than six months?
The permanent residence permit of a third-country national who has been legally residing in Germany for at least 15 years, as well as the residence permit of a spouse in the case of a long-term partnership, does not expire if the person's financial livelihood is secured and there is no interest in deportation according to german law (§ 54 Absatz 1 Nummer 2 bis 5 oder Absatz 2 Nummer 5 bis 7 AufenthG).
If you are staying abroad for longer than six months, you can apply for an extension of the validity despite your long-time absence.
There are other deadlines for permanent residence under European law.
The right of permanent residence in the EU is based on the Permanent Residence Directive (2003/109/EC of 25 November 2003) and only expires if you are absent for 12 uninterrupted months. In this case, departure does not mean departure only from German, but from the territory of all EU Member States.
If the long-term residence permit under European law was issued in Germany, it will also expire if the third-country national has resided outside Germany (but within the European Union) for six years.
Conclusion
There are various reasons for the expiry of a residence permit under German law.
Losing the legal status of a residence permit can have serious consequences and should be avoided at all costs. It is important to take precautions in advance.
Feel free to contact us for more information: We will be happy to advise you.
Damla Yağbasan
Attorney at Law
Ms Yağbasan is an associate attorney at Sangong Law Office. Sangong is specialised in migration, white-collar crime and criminal tax law.
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