Hello All

Could you please clarify me whether a resident permit visa (Aufenthalterlaubnis) holder can maintain the validity of the VISA if he or she visits Germany atleast once in every six months (180 days) although the total number of stay in Germany in a year could only be about 30 days?

Madan

Even for people with NE, it is a big risk. With just an Aufenthalserlaubnis one has no chance, unless you get special permission from the foreign office.

Raj fittingly pointed out the risk in assuming that the repeated re-entry within six months saves the validity of the residence title. In this context it is important to dispel a misconception that often exists. The basic rule is not that the residence title only expires unless you re-enter within six months.

The law rather envisions that the residence title expires when the foreigner leaves the Federal territory for a reason which is not of temporary nature. Of course, that begs the question of how the foreigner’s authority seeks to determine that the reason of departure in the first place was a permanent one, i.e. not of temporary nature.

It is here where the six months time window comes in to clear out the cases where six months have passed. That is clear cut and leaves little open to dispute.

If you, therefore, repeatedly only re-enter every six months it is easy for the authority to prove that your departure in the first place was not of temporary nature.

For those who need to leave Germany temporarily in excess of six months, the six months time frame, however, can be waived. For this the foreigner has to apply at the foreigner’s authority for a prolongment of this 6 month period before leaving.

Here the distinction between a residence permit and a settlement permit is worth mentioning.

This prolongment will generally be granted if the foreigner intends to leave the Federal territory for reasons of a temporary nature and is in possession of a settlement permit. Carriers of a residence permit can also apply for a prolongment along the just mentioned grounds. In their case, however, the foreigner’s authority’s has full discretion whether to grant such an extension or not.

Another benchmark is attained after 15 years of lawful residency in the Federal territory. The settlement permit of the foreigner and its cohabiting spouse, whose subsistence is ensured, will no longer expire upon leaving Germany regardless of their motives or their time of absence. To that effect, foreigners having resided for 15 years can apply for a certificate confirming the continued validity of the permit.

Rechtsanwalt_Jain@yahoo.de

Hello Both

Thanks for the immediate and detailed reply.
Let me explain my position a bit in detail... I have NE and, my wife and two kids have a residence permit. My second child was diagnosed with a medical problem just after birth for which an unsuccessful operation was performed here in Germany. Following to this, i have moved my family (wife and two kids) to my home country for medical treatment. I have acquired the permission from the foreign office for a stay of six months two times, already. During the last one year we have learnt that it is better to wait and perform an operation as there is a slight improvement on the child's health due to homeopathic treatment. My wife is insistent on a non-invasive approach for the treatment so she is willing to wait. I do not know whether i can keep providing this as a reason to the foreign office authority to get a permission to stay away from Germany for about six months. Some people told me that just by visiting Germany every six months is enough to keep the validity of the VISA which looks to be incorrect (according to your advice).

What should i do next?

Madan

Talk with the local authorities. If they accept an official report from a doctor then you get exceptional permission to stay longer than 6 months. §51.1.7 of AufenthG ( http://www.aufenthaltstitel.de/aufenthaltsg.html#51 ) enables that:

(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,

They give this permission (marked with bold above) for the foreigners who have to work outside Germany longer than 6 months. I would ask you to go there and talk with the officials and tell them your case because your case is different. They will tell you what to do or what you can't do.

Klenze17.

As said by Klenze17,

(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,

They give this permission (marked with bold above) for the foreigners who have to work outside Germany longer than 6 months. I would ask you to go there and talk with the officials and tell them your case because your case is different. They will tell you what to do or what you can't do.

Klenze17.


Guys be careful when translating. Its not they give, they take off the permit. erlischt means expires.

So the sentance

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,


1) The residence permit expires,

7. When the forgeiner goes out of country and doesnot travel back within 6 months or the time given by AB.

Hello All

Thanks for the reply...
As suggested, i went to the ausländerbehorde and explained them the same. They requested for a letter from the doctor with which they said that a decision will be taken upon whether to grant the permission to stay away from Germany for more than six months.

Madan

Hello All

Thanks for your kind reply. I received the permission from the foreign office that my wife and kids can stay outside Germany for one year. The letter from the german doctor explaining the medical status of my kid helped to obtain the permission.

Madan

@madan,

Good job. At first we thought the situation is for you and not for your family as you did not mention them in the first case. Even if the ABH did not give the permission, it is always possible for your family to come back on Dependent Visa anytime, so no problem there.