The validity of a residence permit for a foreigner who left Germany for a long period of time is not canceled if the Migration Office has given permission for this period of absence.
The editorial office of the newspaper “MK Germania” received a question from a reader, which was answered by a lawyer cooperating with the publication.
– I am a Russian citizen and have a residence permit in Germany. At the current moment I receive an ALG 2 allowance, I work “on the basis” (Minijob). As far as I understand, by law I have the right to be absent from Germany for three weeks. It’s right?
I have the opportunity to work more and more interesting, but abroad. However, I have a lot to do with Germany and I don’t want to leave the country for good, lose my residence permit. What is the best thing to do in my situation? Can I go to work outside of Germany and not lose my citizenship? What does that require?
Anna R., Düsseldorf.
─ Dear Anna!
In accordance with Article 51 (1) No. 7 of the Residence Act (AufenthG), the period of validity of a residence permit “burns out” if a foreigner, having left the country, does not return to the country within six months or a longer period determined by the foreigners’ affairs authority .
According to § 51, paragraph 1, no. 6 of the Residence Act, the validity of a residence permit also expires if the foreigner leaves the country for reasons that are not temporary in nature. In this case, the residence permit expires before the six-month absence. For example, the residence permit of a foreigner who is supposedly leaving for a permanent job or study in another country expires upon leaving Germany. The purpose of leaving the country at the time of crossing the border is important. That is, the residence permit expires in this case before the expiration of the six-month period, even if the foreigner, while studying or working abroad, decided to return to the country and changed his plans.
If you did not leave Germany with the intention of permanently staying in another country, the residence permit remains valid if the trip lasts no more than 6 months.
If you leave Germany for a temporary purpose of more than six months (for example, work in a limited-term project), the residence permit does not expire if the Migration Office has given permission for this period of absence.
An application for an extension of the period must be submitted from abroad no later than six months before the expiration of this period. The application is submitted in free form with a description of the purpose of the departure or the reasons for the absence of the applicant at the place of permanent residence. In order to avoid problems, it is advisable to submit such an application before leaving, if at that moment it is already known that the temporary stay will exceed the period of six months.
However, if you have held a residence permit for at least 15 years, the following applies:
The period of validity of the settlement permit for a foreigner who has legally resided in the territory of the Federal Republic of Germany for at least 15 years does not expire in accordance with paragraphs 6 and 7 of clause 1 if his means of subsistence are secured and there are no grounds for expulsion (in accordance with paragraphs 5-7 of clause 5 § 54 or paragraphs 8-11 of paragraph 2 of § 55).
If you do not have a settlement permit for 15 years, but live in a marriage union with a German, the residence permit also does not expire (in accordance with subsection 1, paragraphs 6 and 7) unless there are reasons for expulsion (in accordance with section 54, paragraphs 5-7 or section 55, subsection 2, paragraphs 8-11). In this case, the Migration Office issues a certificate of the presence of a settlement permit. An application for obtaining this certificate is placed in a free form at the migration department at the place of residence of the applicant.
The three weeks you mentioned during which you can be absent are not connected with a residence permit. Thus, the right to leave of a person receiving benefits under the Social Security Act is exercised. In this case, the absence must be agreed with the department before you leave the territory. This is similar to a vacation at the enterprise. In the event of a longer absence, the right to receive the allowance disappears. Social payments, in the event that the department receives information, will be canceled and, as illegally paid funds, will be claimed back.
Ksenia KRUG, lawyer
Grabenstrasse 11 A, 40213 Düsseldorf
info@krug-recht.de
0211-542 13820, 0178-295 2201
www.krug-recht.de
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