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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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For members

GERMAN CITIZENSHIP

How much do you need to earn to qualify for citizenship in Germany?

Applicants for German citizenship need to be able to support themselves financially, but it's often unclear what that means in practice. Here's how to work out if your income is high enough for citizenship.

How much do you need to earn to qualify for citizenship in Germany?

Out of the requirements for qualifying for a German passport, supporting yourself financially is one of the most important – and one of the most confusing.

Many foreigners assume that the authorities have a magic number in mind and will often worry about whether their income is above or below this threshold.

In reality, though, the law is much more flexible. In section 10 of the nationality law, it states that applicants must show that they “can support themselves and their dependent family members without claiming benefits under the Second or Twelfth Book of the Social Code.”

In other words, that your income is healthy enough to not rely on the state for things like long-term unemployment benefits.

According to Fabian Graske, an immigration lawyer at Migrando, around €1,500 gross per month for a single person is usually considered enough to live on. 

That said, there isn’t really a one-size-fits-all approach to this quesiton. 

When it comes to working out if your income is high enough, you’ll need to take into account a number of factors that your case worker at the naturalisation office will also weigh up. 

That’s why it’s important to ask yourself a number of questions that go beyond just how much you earn: 

How high are your living costs? 

In Germany, there are huge regional differences in the cost of living, so what someone can afford to live on varies hugely from place to place.

For example, someone living in pricey Munich is likely to need much more money for rent or their mortgage than a resident of much more affordable places like Halle or Leipzig, so you should consider whether what you earn is enough to offer a basic standard of living in the city or town you live in. 

READ ALSO: Requirements, costs and permits – 6 essential articles for German citizenship

It is worth mentioning, though, that what you actually pay for rent and bills matters more than the averages. If you’re lucky enough to find an apartment with unusually low rent in Berlin, for instance, you can probably get away with earning less money as well. 

Are you single or do you have a family?

If you’re single and have no children, you’ll likely get a lot more lenience from the authorities when it comes to having a lower-than-average income.

A family sit at a lake.

A family sit at a lake in Bavaria. Image by Eva Mospanova from Pixabay

Of course, if you have dependents such as kids or a spouse who doesn’t work (or both), you’ll need to ensure not only that your own living costs are taken care of, but also that your family can survive on your income alone.

That naturally means you’ll be expected to earn a certain amount more for each dependent child or adult.

On the plus side, any income your spouse does earn will be counted alongside your own, so if you’re the one who is supported by their partner, the authorities will also take this into account. 

Is your job stable or unstable?

One key thing to think about when applying for citizenship is the security of your work contract. Someone who has a long-term contract with an employer and has passed their probationary period will be in a much better position than someone who is still on a three-month trial, for example.

This doesn’t mean you shouldn’t submit a citizenship application after just starting a new job, but be aware that the authorities may well wait to process your application until you’ve passed the initial probation and have been put onto a longer-term contract. 

A similar rule of thumb applies to people who are currently claiming Arbeitslosengeld I (ALG I), or unemployment insurance. Though this doesn’t disqualify you from citizenship, it may delay your application until you can find a stable job. 

READ ALSO: Can I still get German citizenship after claiming benefits?

Do you need to rely on welfare payments to get by?

A key aspect of German naturalisation law is working out whether you’re likely to be a financial burden on the state by relying too much on the welfare system.

The entrance to the Jobcenter in Düsseldorf,

The entrance to the Jobcenter in Düsseldorf, North Rhine-Westphalia. Photo: picture alliance/dpa | Oliver Berg

While everyone needs a helping hand from time to time, claiming benefits like long-term unemployment benefit (Bürgergeld) or housing benefit (Wohngeld) to top up your income sadly shuts you out of the naturalisation process and could also make it hard for you to qualify in the future. 

Luckily, this doesn’t apply to all types of state support – Kindergeld, ALG I and Bafög don’t count, for example – so seek advice from a lawyer or your local citizenship office if you’re unsure.

How old are you?

Though this is hard to fully quantify, age can sometimes play a role in assessments of your financial fitness in Germany.

A young person fresh out of university or vocational college may be seen as someone with high earning potential over the years, so in some cases the authorities may take a more relaxed approach to their current income.

In contrast, an older person coming to the end of their working life could be held to slightly stricter standards. 

This is also why it can be important to show that you have sufficient pension contributions or another form of security for the future, such as owning your own home or having lots of savings. 

READ ALSO: How can over 60s get German citizenship under the new nationality law?

What counts as ‘income’ under German law?

It’s important to note that income doesn’t just have to mean the salary you get at your job: income from rental properties, side hustles and freelance gigs can also be included, as well as things like alimony payments after divorce.

Once again, if you’re unsure, just ask. The citizenship offices are there to advise you and should give you clear instructions about what kind of documents count as proof of income in your application. 

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