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IMMIGRATION

How long can you leave Germany for without losing permanent residency?

The amount of time someone with a permanent residency card can leave Germany without jeopardising their right to stay depends on their individual circumstances. We break down what you need to know.

There’s only one residency card that allows a person to be away from Germany for as long as they want and still return without any issues – having a German passport.

Every other type of permit comes with a time limit – or other restrictions – on the right to remain in the Bundesrepublik. A permanent residency card (or Niederlassungserlaubnis) is no exception.

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General rule of six months

In general, a permanent residency permit (sometimes also called an unbefristete Aufenthaltserlaubnis, or unlimited residence permit) expires six months after a person leaves the country. 

However, the holder of permanent residency can apply to stay abroad for longer without giving up their unbefristete status in cases such as caring for a sick family member abroad or studying for a semester or two at a foreign university.

It’s important to note that the latter exception only applies for Gastsemester (or exchange semesters), and not doing your entire course of study for a degree at a university abroad.

Permit holders can also petition to extend their stay abroad when it “serves in the interests of Germany,” according to Germany’s Immigration Authorities (Landesamt für Einwanderung).

One example of this could be working for a corperation which is headquartered in Germany.

A German residence permit or ‘Aufenthaltstitel’. Photo: picture alliance/dpa | Daniel Karmann

Who is automatically exempt from the six month rule?

There’s no limit of time a permanent residency holder can remain abroad if they’re married to – or a registered partner with – a German citizen, a Berlin-based immigration law firm told The Local. 

This also applies for those who have a child – or children – under the age of 18 in Germany.

There’s also no time limit if a person has resided in Germany for a minimum of 15 years and can prove upon their return that they have a gesicherter Lebensunterhalt, or secured livelihood. This also applies to a spouse with a permanent residency card.

To avoid any issues at the border control, there’s still a special Bescheinigung über ein unbefristetes Aufenthaltsrecht (Certificate about a permanent stay) these groups will need to apply for to present to Border Control.

EU permanent residency holders

For those who have lived in Germany for at least five years it’s possible to receive an EU permanent residency card, or EU-Daueraufenthalt. Unlike with a Niederlassungserlaubnis, it entitles holders to live and work throughout the EU.

Holders are able to stay outside of the EU for up to six months without losing the card, and up to 12 months if they previously held a Blue Card.

For people who had the permit issued in Germany, it expires six years after a stay outside of the Bundesrepublik in another EU country or when they receive an EU-permanent residency card from another EU country. 

The conditions for when the card never expires are more or less the same as with the Niederlassungserlaubnis.

That means that those who are married to – or in a registered partnership with – a German, or have lived in the country for at least 15 years and have sufficient funds, shouldn’t have much reason for worry.

But they, too, will need to fill out a special form and other paperwork when re-entering Germany.

Blue Card holders

Many holders of an EU Blue Card are on the path to getting a Niederlassungserlaubnis. They are able  apply for permanent residency after only three years of living in the Bundesrepublik.

However, they may lose their Blue Card status after 12 months of living outside of Germany. 

However, holders of the Blue Card can apply to remain abroad for longer when their stay is in the interest of Germany, for example working for an international company headquartered in Frankfurt.

READ ALSO: What happens to your EU Blue Card if you lose your job in Germany?

Brits with an Aufenthaltsdokument-GB

British citizens who were covered by the post-Brexit Withdrawal Agreement are allowed to live and work in Germany for an unlimited amount of time – just like EU citizens and people with a permanent residency permit.

However, if you are in this situation, there are two different types of residence documents you may have been issued – and each has its own rules when it comes to spending time outside of Germany.

If you had lived in Germany for less than five years at the time when your residence document was issued, you’ll most likely be covered by very similar rules to that of an ordinary permanent residence permit. That means you can spend up to six months outside of the country without losing your rights, or twelve in exceptional circumstances.

However, if you had been here longer than five years when your card was issued, you would have been entitled to ‘Daueraufenthalt’ (long-term residence) rights. This means that you’ll not only be able to live and work in Germany for an unlimited time, but you’ll also have the right to spend up to five years abroad without losing your residence status. 

READ ALSO: Reader question: Is my British residency title the same as permanent residency in Germany?

This article is intended to serve as a guideline, and not provide concrete legal advice. We recommend contacting a legal service if you have specific concerns about obtaining, keeping or losing permanent residency status.

Member comments

  1. From what I have read, since 2017 Germany no longer allows registered partnerships, is this the case?

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IMMIGRATION

‘Shift to the right’: How European nations are tightening migration policies

The success of far-right parties in elections in key European countries is prompting even centrist and left-wing governments to tighten policies on migration, creating cracks in unity and sparking concern among activists.

'Shift to the right': How European nations are tightening migration policies

With the German far right coming out on top in two state elections earlier this month, the socialist-led national Berlin government has reimposed border controls on Western frontiers that are supposed to see freedom of movement in the European Union’s Schengen zone.

The Netherlands government, which includes the party of Dutch far-right leader Geert Wilders, announced on Wednesday that it had requested from Brussels an opt-out from EU rules on asylum, with Prime Minister Dick Schoof declaring that there was an asylum “crisis”.

Meanwhile, new British Prime Minister Keir Starmer of the left-wing Labour Party paid a visit to Rome for talks with Italian counterpart Georgia Meloni, whose party has neo-fascist roots, to discuss the strategies used by Italy in seeking to reduce migration.

Far-right parties performed strongly in June European elections, coming out on top in France, prompting President Emmanuel Macron to call snap elections which resulted in right-winger Michel Barnier, who has previously called for a moratorium on migration, being named prime minister.

We are witnessing the “continuation of a rightward shift in migration policies in the European Union,” said Jerome Vignon, migration advisor at the Jacques Delors Institute think-tank.

It reflected the rise of far-right parties in the European elections in June, and more recently in the two regional elections in Germany, he said, referring to a “quite clearly protectionist and conservative trend”.

Strong message

“Anti-immigration positions that were previously the preserve of the extreme right are now contaminating centre-right parties, even centre-left parties like the Social Democrats” in Germany, added Florian Trauner, a migration specialist at the Vrije Universiteit Brussel, the Dutch-speaking university in Brussels.

While the Labour government in London has ditched its right-wing Conservative predecessor administration’s plan to send asylum seekers to Rwanda, there is clearly interest in a deal Italy has struck with Albania to detain and process migrants there.

Within the European Union, Cyprus has suspended the processing of asylum applications from Syrian applicants, while laws have appeared authorising pushbacks at the border in Finland and Lithuania.

Under the pretext of dealing with “emergency” or “crisis” situations, the list of exemptions and deviations from the common rules defined by the European Union continues to grow.

All this flies in the face of the new EU migration pact, agreed only in May and coming into force in 2026.

In the wake of deadly attacks in Mannheim and most recently Solingen blamed on radical Islamists, German Chancellor Olaf Scholz’s government also expelled 28 Afghans back to their home country for the first time since the Taliban takeover of Kabul.

Such gestures from Germany are all the more symbolic given how the country since World War II has tried to turn itself into a model of integration, taking in a million refugees, mainly Syrians in 2015-2016 and then more than a million Ukrainian exiles since the Russian invasion.

Germany is sending a “strong message” to its own public as well as to its European partners, said Trauner.

The migratory pressure “remains significant” with more than 500,000 asylum applications registered in the European Union for the first six months of the year, he said.

‘Climate on impunity’

Germany, which received about a quarter of them alone, criticises the countries of southern Europe for allowing migrants to circulate without processing their asylum applications, but southern states denounce a lack of solidarity of the rest of Europe.

The moves by Germany were condemned by EU allies including Greece and Poland, but Scholz received the perhaps unwelcome accolade of praise from Hungarian right-wing Prime Minister Viktor Orban, Moscow’s closest friend in the European Union, when he declared “welcome to the club”.

The EU Commission’s failure to hold countries to account “only fosters a climate of impunity where unilateral migration policies and practices can proliferate,” said Adriana Tidona, Amnesty International’s Migration Researcher.

But behind the rhetoric, all European states are also aware of the crucial role played by migrants in keeping sectors going including transport and healthcare, as well as the importance of attracting skilled labour.

“Behind the symbolic speeches, European leaders, particularly German ones, remain pragmatic: border controls are targeted,” said Sophie Meiners, a migration researcher with the German Council on Foreign Relations.

Even Meloni’s government has allowed the entry into Italy of 452,000 foreign workers for the period 2023-2025.

“In parallel to this kind of new restrictive measures, they know they need to address skilled labour needs,” she said.

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