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Maintaining Daueraufenthalt-EG and applying for Einbürgerung
Creado 23/06/2009 17:40
Maintaining Daueraufenthalt-EG and applying for Einbürgerung
Scenario
I hold a Daueraufenthalt-EG and in a few months I will meet the requirements to apply for a German pass through the naturalization process. My wife has a family reunion visa. Though she has completed the Orientation course along with the German language courses and obtained the B1 certificate, she needs a few years more to apply for an NE/D-EG/pass.
I have got a job outside the EU and I intend to return to Germany after 2 years, because I like living in Germany; but the current poor job situation does not leave much option at the moment.
Questions:
Q1. To maintain my Daueraufenthalt-EG, do I need to maintain an Anmeldung, or I can simply visit Germany once per year, staying in a hotel for example?
Q2. Is it enough to do the same (Q.1) (once per six months) to maintain the Aufenthaltserlaubnis of my wife?
Q3. If I maintain an Anmeldung with a haupt- or nebenwohnung in Germany, can I still apply for the pass (Einbürgerung) while doing a job outside Germany?
Thanks in advance for your kind help.
chandrab
Usuario desde 23/06/2009
Creado 23/06/2009 17:47
Re: Maintaining Daueraufenthalt-EG and applying for Einbürgerung
>>Q1. To maintain my Daueraufenthalt-EG, do I need to maintain an Anmeldung, or I can simply visit Germany once per year, staying in a hotel for example?
You can try but at your own risk.
>>Q2. Is it enough to do the same (Q.1) (once per six months) to maintain the Aufenthaltserlaubnis of my wife?
Same as the answer above, but as a dependent on you she can get a new visa anytime if yours is still valid.
>>Q3. If I maintain an Anmeldung with a haupt- or nebenwohnung in Germany, can I still apply for the pass (Einbürgerung) while doing a job outside Germany?
Absolutely NO. They will need proof that you are living and working in germany otherwise you do not fulfill the criteria for getting german citizenship.
raj
Usuario desde 27/01/2004
Creado 23/06/2009 17:53
Re: Maintaining Daueraufenthalt-EG and applying for Einbürgerung
Thanks, raj for the quick reply.
Actually, I want to know the risk-free rules/laws and do everything 100% legal. 
your reply to Q3 is very important. So, for Einbürgerung I must have a job 'in Germany'. If I maintain the D-EG and get a job in Germany after 2 years, is it also fine? or, I must maintain the Anmeldung throughout?
chandrab
Usuario desde 23/06/2009
Creado 23/06/2009 19:46
Re: Maintaining Daueraufenthalt-EG and applying for Einbürgerung
You need to live in germany continuously to be eligible.
http://trust7faq.wik.is/German_Citizenship
In the above mentioned link see Application Form -2, question 4. It ask about all your stay from your birth till the time of application. So when you enter the stay outside germany, they may not consider the time possibly.
More i cannot say at present as i am not so sure. Better take citizenship and then go for greener pastures.
raj
Usuario desde 27/01/2004
Creado 24/06/2009 11:54
Re: Maintaining Daueraufenthalt-EG and applying for Einbürgerung
Dear raj,
Thanks for the useful link. Here is some updates also from me. Today I visited the RP and after talking with the friendly lady it seems, I can apply for the Einbürgerung right away, given I provide a paper from my employer that my work is of extremely important and the Einbürgerung is helpful in some way. It reduces the time to 6 years.
The problem is, as you have mentioned, I need to have a job in Germany. I will work in Germany for few more months and the application may not be processed by then.
In the case of having a job outside Germany, as the lady suggested, I may apply to the Ausländerbehorde for some permission so that they overlook it as an interruption in stay.
Another option is maintatining an Anmeldung as a Hauptwohnsitz within Germany, while working in Ausland. I am not familiar with the rules regarding Haupt- and nebewohnsitz and not sure, if I am allowed to register an appartment in Germany as my Hauptwohnsitz, while working abroad.
Any idea?
------
Of course, the obvious option is having the pass and then work anywhere as you suggested; but the economic condition makes it really tough.
chandrab
Usuario desde 23/06/2009
Creado 24/06/2009 14:20
Re: Maintaining Daueraufenthalt-EG and applying for Einbürgerung
>>In the case of having a job outside Germany, as the lady suggested, I may apply to the Ausländerbehorde for some permission so that they overlook it as an interruption in stay.
The AB can issue this permission that your D-EG does not expire. Normaly they give this permission for people who have some medical emergencies, temporary transfer of workplace in another by the company or if they think Germany has some advantage of you doing this. Even in the case ABH issues this permission, does not mean Eiburgerungsamt will consider this period outside germany when evaluating you application.
>>Another option is maintatining an Anmeldung as a Hauptwohnsitz within Germany, while working in Ausland. I am not familiar with the rules regarding Haupt- and nebewohnsitz and not sure, if I am allowed to register an appartment in Germany as my Hauptwohnsitz, while working abroad.
This topic has been discussed a no of times about expiry of NE. Travelling once in six months or having a Hauptwohnsitz in germany to keep the validity are all grey areas which carry lots of risks. The correct word is 'Lebensmittelpunkt' for them deciding if what you do are legal or not.
See if you can find some information in the following link
http://www.aufenth.../aufenthaltsg.html#51
raj
Usuario desde 27/01/2004
Creado 29/06/2009 19:58
Re: Maintaining Daueraufenthalt-EG and applying for Einbürgerung
Also look at the StAg, § 12b (2):
http://www.aufenthaltstitel.de/stag.html
aalvarez
Usuario desde 09/01/2004