Multiple entry rules for residence permit holders

I'm working at Germany and I'm staying with my Wife and Child. We all hold residence permit till December 2009. My wife and Child will be travelling to India and will return to Germany after 7 months in April 2009. I have some questions in this regard

1. Do I need to deregister them at the Rauthaus (Townhall)?
2. Does the residence permit expire if they leave country for a longer duration? My family will be returning in April 2009?
3. Do I need to change my tax class during this period?
4. Are there any other administrative formalities to be done when they return from India?

Kindly help me if you know answers to the above questions.

Regards,

Vasu

1. Not if their coming back before 180 Days, no
2. Sometimes, yes. The limit is usually 180 Days.
3. No. Even if they are not here your still going to be married right? Same job right?
4. See #1

Your best bet is to either re plan the trip for not more than 5 months. In conjunction with this
it would also be a good idea to let the local Amt's know that they will be out of the country so
they can provide you with any needed permissions and documents so they can re-Enter Germany.
Your local Rathaus/Auslander Amt/etc. can provide you with more details.

1. Yes. You need to do an Abmeldung (De-registration) for them. Even if the duration would have been less than 180 days, why wouldn't you do it? Do you plan to keep their health insurances running during this time? If not, I am sure the insurance company will be asking for this Abmeldung form to cancel their insurances.
2. Yes, it will be considered expired if they plan to stay away for more 180 days. As DK suggested, it is better to plan the trip for not more than 180 days.
3. Yes, you need to. My first-hand experience. Dosen't matter if you are married. I changed mine recently after my wife left for India.
4. None (unless asked for). I was asked to produce a certificate from a Government office (Taluka, Panchayat, or some such thing) by the Insurance company that would state that my wife and kid are staying in India. It was only after this certificate that their insurances could be cancelled. Wife was insured publicly with BKK and kid privately. I could not get such a certificate from the offices. Finally, one from the local police station helped.

Regards,
Bandu.

1. Do I need to deregister them at the Rauthaus (Townhall)?

Not necessary, they are coming back anyways after an extended holiday

2. Does the residence permit expire if they leave country for a longer duration? My family will be returning in April 2009?

Yes, after 180 days. But you can inform the Foreign office about the extended holiday and they may update her file about the visa being still valid.

Interesting link regarding Anmeldung

http://www.dw-world.de/dw/article/0,2144,3506210,00.html

Thank you all for your valuable information and suggestions.

As has been said, after six months out of Germany, the residence permit will be canceled unless prior approval is received from the Ausländerbehörde.

Relevant law--
http://www.gesetze-im-internet.de/aufenthg...R195010004.html
AufenthG §51.1
(1)
Nr.7 wenn der Ausländer ausgereist und nicht innerhalb von sechs Monaten oder einer von der Ausländerbehörde bestimmten längeren Frist wieder eingereist ist,
...
(4) Nach Absatz 1 Nr. 7 wird in der Regel eine längere Frist bestimmt, wenn der Ausländer aus einem seiner Natur nach vorübergehenden Grunde ausreisen will und eine Niederlassungserlaubnis besitzt oder wenn der Aufenthalt außerhalb des Bundesgebiets Interessen der Bundesrepublik Deutschland dient.

Can't you just go and ask your local authority? And then, if you need to, tell them when you leave?

Isn't that ultimately a better bet than asking us strangers, how ever well meaning we are ?

I have a visa to stay in Germany (Aufenthaltserlaubnis) and a registered addy, but wish to do some traveling, and i am wondering if there is a limit of time in which I can be AWAY from Germany without infringing upon my Aufenthaltserlaubnis. Not necessarily to a single country (which for my american passport and many countries I am limited to 3 months as a tourist) but rather if I take one trip for one month, then come back to Germany, and 2 months later take another trip for 3 months, etc.

almost like an inverse shengen '3 months within 6 months' rule. does anyone know if there are any limitations like this?

These trips are not within the EU if that matters (#1 to US and #2 to oz; I'm thinking I might as well stay a bit longer in the US if it won't hinder trip #2)

Or for that matter, what if one is outside of Germany for 4 or even 6 months straight, even though one is registered with an aufenthaltserlaubnis and a living address in Germany? Basically I don't want any rude surprises when I come back and present my passport at the airport.

thanks.. (and yes, i did try searching first..)

Topics merged by admin

ok (thx for the merge) this mostly answers my question. The limit is 180 days, but just curious, within how long of a time frame? For a single trip, or in total over n days?

See the above posts, and try using the search feature.. Any stay outside of Germany for 180+ days and you will loose your permits/visas
unless you get it cleared with the German Amts/Govt. first and get permission for an extended absence.

RIGHT I understand that . . . but if you read my post you will see that I am asking about within how long of a period are the 180 days calculated. Just a single trip?? In other words, leave for 5 months, then come back for a week, and then leave again for 3 months, in the same sense as pre-shengen cross the border for a stamp sort of thing.

Under AufenthG §51.1.7, you have to return to be living in Germany within six months. Multiple trips are allowed. HOWEVER, you should note that there are other things that can cause the residence permit to be canceled, as contained in AufenthG §51 and §52. If you read German, you should read those sections here: http://www.gesetze-im-internet.de/aufenthg...R195010004.html

What are the terms of your residence permit? Are you required to be working? studying? Is it tied to a specific employer? etc.

You can go to the Auslaenderamt and request an extension of your allowed time out of the country without your residency permit lapsing. You just have to let them know that you'll be gone longer than 180 days, and they'll be flexible.

We flew out of Germany for a permanent move to the US on 1 February, 2007, but we had to renew our residency permits in January, 2007 because they were expiring. The guy at the Auslaenderamt did ask us if we were very sure we were leaving for good and mentioned that if we thought we might return to live, he could do some paperwork to extend our residency permits for longer than they would normally expire.

They just want you to talk to them ahead of your planned absence, and you should have no problem.

thanks for your help. my german's ok but not up to legal documentation without some serious effort/help from friends. my visa is freelance, no other requirements other than stipulations on the kind of work i'm allowed to do for germans. 2 yrs with renewal next july. after 3 yrs total i can apply for PR.

with that in mind, i wonder how the shengen countries might differ in this context. amis are allowed 90 days w/in 6mos as a tourist in all shengen. but now, with a 2year visa for germany, does this still mean i'm technically only allowed 90d w/in 6mos in the shengen countries OUTSIDE of germany? most certainly, as the german visa is not recognized eu-wide.

so, by going outside of shengen, perhaps it is technically legal that one could be in germany 10 weeks out of the year and not break any rules, solong as one comes back every 6mos. but these stamps on ones passport might not sit so well with the auslaenderbehorde when one goes to renew. Given that the renewal is in no small degree up to the temperament of the case worker, i wouldn't want to push it too far. i'm interested in finding what the de facto limitations are. it's nice to use berlin as a home base at this point, but there's nothing work-related keeping me in Germany ... though i might decide i want to stay later on.

i could go ask an immigration lawyer, but maybe someone here has a quick answer.

Hi everyone..!

I've left germany with a valid residence permit. so far I've been gone 4 months. I intend to stay out of Germany for another 4 months.

Does anyone know if its possible to notify them you'll be gone longer than 180 days while out of the country..?

Would one just contact the foreigners office of my region you think...?

Thanks all..!

hi

I have a question that I would greatly appreciate any insight on

I have been in berlin since the 3 or October, and I will be here until December 20th. This is under three months so I do not have to have a residence permit. However I will be coming back for a few weeks at the end of December-January. I will be living in the same apartment and I have registered with the local Burgeramt.

My question is..does the 90 period of not needing a residence permit start over again when you leave the country and come back?

Thank you, any info appreciated.

You are only allowed 90 days in a 180 day period - an answer easily found above in the same forum. Or, contact your closest Ausländerbehörde.

Yes and no..

Yes, if you out of the country for another 90 days...
No, not if your only gone for a few weeks..

You need to get a an extended visa before you leave or get a resident permit..
Not doing so could cause problems when you return. The most severe of which
would be denied entry, deportation back to where you came, a fine, and/or
a long term ban on entering German and other EU countries.

Get yourself sorted out.. Then go on vacation.