How long can I leave Germany per year with Niederlassungerslaubnis?

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Hello,

 

I've a Niederlassungserlaubnis (permanent residence permit) and I do know that, this card will expire if I leave Germany (EU) more than 180 consecutive days.

However, I just don't know, it the law requires how many days per year, one has to live actually in Germany.

My situation is for this year 2022:

 

- From 01st. January - 31st. March: I stayed in Germany

- From 01st. April - 30th. July: I stayed in my home country (out of EU): 120 days

- From 01st. August - 30th. September: I stayed in Germany

- From 01st. October - 17th. March, 2023: I stay in  my home country (out of EU): 170 days

 

Will everything ok if I returned to Germany before the end of March, 2023 (180 days out of Germany)? 

OR I will need to return to Germany earlier (e.g. before the end of January, 2023)? 

 

Thanks,

 

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Hi, not an expert here, just sharing my knowledge and opinion (as everybody else here).

The spirit of the law is about "center of life", meaning (in my understanding): where do you work, have friends and relations, family, where do you participate on social activities, where do you see the doctor and do sports, where your home is, etc.
The 6 months is more about a guidance, meaning: if you are out for 7 months your center of life won't be here...you won't have many friends, work, etc.
Is not about days in the calendar.

Said that, nobody is proactively checking. It would be a titanic task to check on the hundred of thousands of people automatically. Different is if you go trough an airport and get registered there. I remember was a guy here that was asked at the airport: how long you been outside the country? he said 8 months and his permit was canceled.

 

I guess you will be ok, he will ask when you left, you say: more or less 5 months ago, he will say ok and let you go. But if he wants check on the computer and start asking questions you could be in trouble. If he asks where do you work? where is your home? etc etc what would be the answer?

 

Good luck!

 

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12 hours ago, travelerworker said:

Hi, not an expert here, just sharing my knowledge and opinion (as everybody else here).

The spirit of the law is about "center of life", meaning (in my understanding): where do you work, have friends and relations, family, where do you participate on social activities, where do you see the doctor and do sports, where your home is, etc.
The 6 months is more about a guidance, meaning: if you are out for 7 months your center of life won't be here...you won't have many friends, work, etc.
Is not about days in the calendar.

Said that, nobody is proactively checking. It would be a titanic task to check on the hundred of thousands of people automatically. Different is if you go trough an airport and get registered there. I remember was a guy here that was asked at the airport: how long you been outside the country? he said 8 months and his permit was canceled.

 

I guess you will be ok, he will ask when you left, you say: more or less 5 months ago, he will say ok and let you go. But if he wants check on the computer and start asking questions you could be in trouble. If he asks where do you work? where is your home? etc etc what would be the answer?

 

Good luck!

 

 

Hi,

 

Thanks for you reply. I still work remotely from my home country and keep my address, pay tax as usual. So technically I just don't physically stay in Germany.

In general, I think the police at the airport will see everything from the computer when he scanned my passport.

It will say the last day which I left Germany and how many dates between this day and the day when I came to Germany.

 

 

 

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https://www.hamburg.com/welcome/entry-residence/general-regulations/13841268/stay-abroad/

 

This information below doesn't answer for my question, but it can help for someone else to understand why his residence permit will be expired:

 

Quote

Settlement permit

In principle, a settlement permit also becomes invalid 6 months after leaving the country. It does not expire until 12 months after leaving Germany

  • if the foreigner has reached the age of 60 years
  • and has resided legally in Germany for at least 15 years.

The same applies to the spouse with settlement permit, if they are living together and the spouse is also at least 60 years old.

A settlement permit does not become invalid even in the case of a longer stay abroad if:

  • the foreigner has legally resided in Germany for at least 15 years. In addition, the livelihood must be secured (this also applies to the spouse with an unlimited residence title) or
  • the foreigner is married to or in a registered civil partnership with a German citizen.

 

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Hmm it seems to me that your permit becomes invalid if you leave for a reason which is "not temporary" or you leave for more than 6 months.

 

Detail seems to be here http://www.gesetze-im-internet.de/aufenthg_2004/__51.html

Unofficial English translation here: https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p1050

 

It looks like you can ask for more time if you need it though which would be the ( or within a longer period set by the foreigners authority ) part of clause 7.

 

So if you need to go for more than six months, why not just ask?

 

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On 10/13/2022, 1:46:50, pappnase said:

Hmm it seems to me that your permit becomes invalid if you leave for a reason which is "not temporary" or you leave for more than 6 months.

 

Detail seems to be here http://www.gesetze-im-internet.de/aufenthg_2004/__51.html

Unofficial English translation here: https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p1050

 

It looks like you can ask for more time if you need it though which would be the ( or within a longer period set by the foreigners authority ) part of clause 7.

 

So if you need to go for more than six months, why not just ask?

 

 

 

Thanks for pointing out the links, I actually asked ABH via email but it seems they are too busy to answer my question.

My reason to leave Germany in 2022 more than 6 non-consecutive months is about caring a family member, I still work remotely though.

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Without approval from Ausländerbehörde stamped on passport, when you return after 6 months, your entry to Germany will be denied.

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On 10/18/2022, 9:42:44, Ashvath said:

Without approval from Ausländerbehörde stamped on passport, when you return after 6 months, your entry to Germany will be denied.

 

Yes, I'm aware of that, but I'm not sure what happens if I only stay 5 consecutive months and a half for example. 

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5 hours ago, xxria said:

 

Yes, I'm aware of that, but I'm not sure what happens if I only stay 5 consecutive months and a half for example. 

 

If I were you, I would try and make an appointment with your local foreigner registration office, ie the place where you originally registered with on coming to Germany.

 

If you cannot get an appointment just turn up and insist on talking to someone about it. If you get turned away, turn up again a couple of days later.

 

Emails can often get ignored, its much harder, to ignore somebody who is in front of you. 

 

Sorry just noticed u are probably already out of the EU, so maybe ask a friend in Germany to do the above for you, or try and telephone them, you cn get cheap telephone cards in Vietnam.

 

Try to get them to show you, were the rules are written down for your situation.

 

If that does not work and its import for you, then you probably will have to contact a professional immigration agent in Germany, and pay for there advice.

 

Sorry, I do not want to appear as unfriendly, but if its important to you then its worth getting to the bottom of it.

 

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If you've been in Germany for more than 15 years you can do whatever you want.

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20 hours ago, yesterday said:

 

If I were you, I would try and make an appointment with your local foreigner registration office, ie the place where you originally registered with on coming to Germany.

 

If you cannot get an appointment just turn up and insist on talking to someone about it. If you get turned away, turn up again a couple of days later.

 

Emails can often get ignored, its much harder, to ignore somebody who is in front of you. 

 

Sorry just noticed u are probably already out of the EU, so maybe ask a friend in Germany to do the above for you, or try and telephone them, you cn get cheap telephone cards in Vietnam.

 

Try to get them to show you, were the rules are written down for your situation.

 

If that does not work and its import for you, then you probably will have to contact a professional immigration agent in Germany, and pay for there advice.

 

Sorry, I do not want to appear as unfriendly, but if its important to you then its worth getting to the bottom of it.

 

 

Many thanks for your suggestions. I'm impressed, that somehow you know I come from Vietnam.

Yes, currently, I'm staying in Vietnam and I had to take the flight urgently before I could visit migration office in my city.

 

I've sent and email to them about 3 weeks and I'm still waiting for their answer. I really wanted to know about the answer yes or no, but I will be a bit patient more and wait for their reply.

 

You are truly friendly, I appreciated.

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19 hours ago, Krieg said:

If you've been in Germany for more than 15 years you can do whatever you want.

Thanks, however, I didn't stay for this long time, so I don't have this luxurious option.

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2 hours ago, xxria said:

 

 I'm impressed, that somehow you know I come from Vietnam.

 

Its written in your user profile, its no magic :D. I enjoyed my trip to Vietnam, people were friendly to me, I want to go back, miss the food and friendly people, and lots to see, plus its maybe a little bit warmer there.

 

Quote

I've sent and email to them about 3 weeks and I'm still waiting for their answer. I really wanted to know about the answer yes or no, but I will be a bit patient more and wait for their reply.

 

Go and see them, emails are often ignored. I had a look on the internet, at least talk to the German embassy, in Hanoi, or ring them up.

German Embassy in Hanoi, Vietnam 29, Tran Phu B.P. 39 Hanoi Vietnam

(+84) 4 38 43 02 45 / 4 38 43 02 46 (+84) 4 38 45 38 36 / 4 38 45 38 37

 

I do not know which city you are in, but I guess they have one in Saigon or Ho Chi Men City, maybe they have an Embassy near you local city, look it up on the internet. You normally get a better response talking to people while they are in front of you.

 

 

Quote

You are truly friendly, I appreciated.

 

I just try to give back the friendly feelings I got while I was in Vietnam, love me meet Vietnamese people while I am here in Munich.

 

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On 10/28/2022, 4:33:46, yesterday said:

 

Its written in your user profile, its no magic :D. I enjoyed my trip to Vietnam, people were friendly to me, I want to go back, miss the food and friendly people, and lots to see, plus its maybe a little bit warmer there.

 

 

Go and see them, emails are often ignored. I had a look on the internet, at least talk to the German embassy, in Hanoi, or ring them up.

German Embassy in Hanoi, Vietnam 29, Tran Phu B.P. 39 Hanoi Vietnam

(+84) 4 38 43 02 45 / 4 38 43 02 46 (+84) 4 38 45 38 36 / 4 38 45 38 37

 

I do not know which city you are in, but I guess they have one in Saigon or Ho Chi Men City, maybe they have an Embassy near you local city, look it up on the internet. You normally get a better response talking to people while they are in front of you.

 

 

 

I just try to give back the friendly feelings I got while I was in Vietnam, love me meet Vietnamese people while I am here in Munich.

 

 

 

Thanks a lot. I'd love to know you in real life if we could ever have a chance to meet in Munich.

With all the useful information and friendly suggestions, I truly appreciate your comment. 

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10 minutes ago, xxria said:

 

 

Thanks a lot. I'd love to know you in real life if we could ever have a chance to meet in Munich.

With all the useful information and friendly suggestions, I truly appreciate your comment. 

 

Sure, whenever you are in Munich, just contact me, we can go for a coffee

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1 minute ago, yesterday said:

 

Sure, whenever you are in Munich, just contact me, we can go for a coffee

 

Thanks ^_^. I hope you have a great weekend for now.

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On 10/28/2022, 11:33:46, yesterday said:

I do not know which city you are in, but I guess they have one in Saigon or Ho Chi Men City

I just wanted to be THAT person and point out that Saigon IS Ho Chi Minh City...

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On 11/16/2022, 3:54:25, kaffeemitmilch said:

I just wanted to be THAT person and point out that Saigon IS Ho Chi Minh City...

Yes, you are right. Saigon is the old name of Ho Chi Minh City. Ho Chi Minh is savior of Vietnam from French and American wars.

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Finally, I've my answer from the Migrationsamt in my residential city in Germany, so I could be relief now.

 

Ihre Niederlassungserlaubnis erlischt nicht durch eine pauschale Addition mehrerer Auslandsreisen, die jeweils die Sechs-Monats-Frist nicht überschreiten.

Es sei denn, dass die Wiedereinreise nach Deutschland jeweils kurz vor Ablauf von sechs Monaten nach der Ausreise wieder kurzfristig erfolgt.

Da dies in Ihrem Fall nicht gegeben ist, brauchen Sie sich keine Sorgen machen, dass Ihr Aufenthaltstitel, während der von Ihnen angegebenen Reisezeiträume, erlischt.

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