Aihal replied to Aihal's topic in LegalAccording to an immigration lawyer I consulted, the definition is intentionally vague and not well defined; and there is no such thing as a `presence test`; and its forbidden for the Amt doing the applications asking the BorderAmt for your travel dates etc. I had difficulty believing this, wanted to ask if anyone has a contrarian information.
Aihal posted a topic in LegalHi All, So I am technically eligible for German Citizenship. Been Permanent resident (Niederlassungserlaubnis) for 9+ years. Own a property and live in Munich (mostly). -but- during this COVID times, we got a taste for being digital nomad. While we never left Germany longer than 179 days in any outing; I am about to exceed the 180+ day barrier in aggregate. I mean every few months I fly in, hang around few days, collect mails, hang out with customers etc and fly out again. So purely for the purposes of German Citizenship application; Do they perform a `physical presence` test: - Do they ask times and durations of each travel (USA does this in their Citizenship application) - Do they ask German Border Police of your border passing records? Or do they even care so long you are a tax paying, property owning, with a proper anmeldung? As far I understood the key concept is "Lawful habitual residence" defined in here: https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/verfassung/stag-anwendungshinweise-06-15.pdf?__blob=publicationFile&v=5 as far as I can tell nothing specifically says anything about Physical Presence; and as far as I can tell, FinanzAmt will never try to prevent me from paying taxes, and keep my tax resident status. Best regards, AI HAL9000