Posted on 31/03/2009 10:36 pm

Re: Validity of residence permit

Raj fittingly pointed out the risk in assuming that the repeated re-entry within six months saves the validity of the residence title. In this context it is important to dispel a misconception that often exists. The basic rule is not that the residence title only expires unless you re-enter within six months.

The law rather envisions that the residence title expires when the foreigner leaves the Federal territory for a reason which is not of temporary nature. Of course, that begs the question of how the foreigner’s authority seeks to determine that the reason of departure in the first place was a permanent one, i.e. not of temporary nature.

It is here where the six months time window comes in to clear out the cases where six months have passed. That is clear cut and leaves little open to dispute.

If you, therefore, repeatedly only re-enter every six months it is easy for the authority to prove that your departure in the first place was not of temporary nature.

For those who need to leave Germany temporarily in excess of six months, the six months time frame, however, can be waived. For this the foreigner has to apply at the foreigner’s authority for a prolongment of this 6 month period before leaving.

Here the distinction between a residence permit and a settlement permit is worth mentioning.

This prolongment will generally be granted if the foreigner intends to leave the Federal territory for reasons of a temporary nature and is in possession of a settlement permit. Carriers of a residence permit can also apply for a prolongment along the just mentioned grounds. In their case, however, the foreigner’s authority’s has full discretion whether to grant such an extension or not.

Another benchmark is attained after 15 years of lawful residency in the Federal territory. The settlement permit of the foreigner and its cohabiting spouse, whose subsistence is ensured, will no longer expire upon leaving Germany regardless of their motives or their time of absence. To that effect, foreigners having resided for 15 years can apply for a certificate confirming the continued validity of the permit.

Rechtsanwalt_Jain@yahoo.de