hello all,

I am new here, I hope you can help me!

I have NE here in Germany, and now my employer asks me if I am interested to work outside Germany for 1 Year. the company is paying my flights back to Germany once a month for a Weekend!

will I lose my NE in that case, I mean will they consider this as noncontinuous residency for more than 6 months? even if iam not outside Germany for the whole period?

thank you

will I lose my NE in that case, I mean will they consider this as noncontinuous residency for more than 6 months?

No. Germany does not care where you work, even on Mars planet, as long as you keep your NE. You can keep your NE forever, as long as you are registered in a house in Germany. This is the only thing they care. How you earn your money (legally), nobody cares, because you have an unlimited permit. If you don't earn your money legally, NE can be deleted immediately.

even if iam not outside Germany for the whole period?

No. This is like as though you are jobless. Your job contract is bound to abroad (to Germany) you stay in Germany. Perfectly legal.

You just need to care your registration in Germany.

For the case where you stay longer than 6 months outside Germany without interruption, if you don't inform Ausländerbehörde in advance, you can lose your NE, because it is stated in law (
http://www.aufenthaltstitel.de/aufenthaltsg.html#51 ):

(1) Der Aufenthaltstitel erlischt in folgenden Fällen:
...
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.

AufenthG §51.1.7 says that you will lose your NE if you stay longer than 6 months without informing alien office.

God bless part (4) above gives you chance to lengthen 6 months.

Take the copy of the law, go to Alien Office and tell them you want to stay outside of Germany for 1 year because of business reasons, you might not fly to Germany for 1 year and you don't want to lose your NE. I think they will ask you to take a written confirmation from your employer, stating that your employer wants you to send, say, USA. They will consider the law sentence above and will put stick on a passport, which will save your NE.

If this is not the case, you don't need to do anything. The only thing you might need to consider is whether your salary outside of Germany can be taxed in Germany or not.

HTH.
Klenze17.

Hello dedodedo and klenze17

Thanks for starting this discussion.

I guess it is good to inform the Ausländerbehörde about the secondment. But do you know if this period is subtracted for the citizenship application?

Thanks in advance.

Sun

Thanks for the useful informations. My case is also somewhat similar. I am living in germany since 2002. I did PhD and also got sailary during my PhD and paid taxes. I finished in december 2006 and from January 2007 till march 2008 i worked in Austria (vienna). During this whole time i still had my german aufenthalts valid but i did not register to a house in germany. Now I am working in germany again and willing to apply for permanent residence. Will the time spent in vienna create problem for my application??
I would be very thankful for advice and help. what should i do?

After your Ph.D, On what grounds did you get a residence permit? I mean because you worked for a GErman employer? and then had a intra-company transfer to Austria.

Did you pay taxes in Germany or in Austria?

Thank you very much for the fast reply. In april 2006 i applied for residence permit extension and i got residence permit valid till april 2008 (according to rule §16). So the time i came back was fitting to the residence permit and now i have residence permit till november 2009 (according to rule §20). During my stay in Austria i was paying taxes there in Austria. As i see in the forum many people informed the auslanderamt before they leave country. But i did not know this thing and i thought only keeping residence permit will be enought to have continuity of residence. I am feeling depressed to see other informations. Can i ask my employer for a letter that my stay in austria was for an educational purpose? i don´t know what to do?
will be very thankful to you for advice!

covering one mistake with another sound not like a good idea.

I believe the german tax office will get inform about your activity in Austria some how.

good luck.

"January 2007 till march 2008 i worked in Austria (vienna). During this whole time i still had my german aufenthalts valid but i did not register to a house in germany"

Wrong.. your German residence permit became automatically void.. because of your long stay in Austria.. the printed date on the sticker doesn't have any value..
You are now in Germany illegally.. and the German Government Offices will find out this fact soon or later.. if you want to build your future in Germany on a solid basis then try to get a fresh residence permit from scratch, as your previous one is now VOID

Regards,

Lacrima

thanks for the informations.
Does it mean that my study time i spent in germany from 2002 till 2006 are wasted?
Is there any way that i do not loose these years? During my stay in Austria i still had my german bank account and O2 phone contract running. I don´t know if it makes any sence. It would be very depressing that i will have to start from the scratch again. if this would be the case i may loose my interest to stay in germany as i will have to wait 8 years again:-(

I was never illegal in germany. immediately after comming in germany i got my new job contract. and now i have aufenthalts till end of 2009.
Looking forward for helpful Advices.

Holding a bank account and German O2 contract does not mean that a person has held rightfull residence.

If you withhold facts, this might have consequences for your future residence permit.

Does it means that i am living in germany since only april this year? :-(

It is time you consult a lawyer.

could you please tell me good lawyer in germany or specifically in Hamburg area who can help me in this specific problem.

http://www.trust7.com/en/dienste/visa

http://www.vpmk.de/en/expertise/immigration-law.html

Ask for Katja.

Good luck
Detlef

Could you please how much approximately will be the cost of having an advocate in my situation? thanks again for useful information and making my situation clear.

why dont you ask the lawyer yourself mate.

Hi Raj,

thanks for your comment ;-)

Sometimes I do not believe my eyes when I read a message!

Ciao
Detlef