1. extended period of stay abroad for holders of the EU Blue Card:
- Normally, a residence permit expires in accordance with Section 51 (1) no. 7 AufenthG if the holder has been abroad for more than six months without interruption.
- However, an extended period of up to twelve months applies to EU Blue Card holders and their family members (Section 51 (10) AufenthG). This means that they can stay abroad for up to one year without their residence permit expiring.
2. application to settlement permits pursuant to Section 18c (2) AufenthG:
- The twelve-month period also applies to foreigners who have received a settlement permit pursuant to 18c (2) AufenthG.
- It is therefore important that the correct legal basis is entered in the electronic residence permit when the settlement permit is issued.
3. principles for stays abroad:
- Since Section 51 (10) AufenthG only extends the time limit, the previous rules from Section 51 (1) (7) AufenthG apply accordingly, but with the proviso that the time limit is 12 months instead of 6 months.
- According to the Federal Administrative Court (judgment of 11.12.2012, BVerwG 1 C 15/11), stays abroad are harmless if they are limited in time and do not result in a significant change in living conditions in Germany.
- It is important that the absence is uninterrupted Several shorter stays abroad are not added together and do not lead to the expiry of the residence permit as long as the 12-month period is not exceeded.
4. abuse through repeated short entries:
- However, if there are several trips abroad and the reasons for the absence are not only temporary, the right of residence may expire in accordance with 51 (1) no. 6 AufenthG.
- The practice of entering Germany only briefly shortly before the 12 months expire in order to obtain the residence title does not prevent the title from expiring.
5. extension to 24 months for certain persons:
- For holders of an EU permanent residence permit who previously had an EU Blue Card and their family members, the period is extended to 24 months (Section 51 (9) no. 3 AufenthG).
To summarize:
- EU Blue Card holders and their family members can stay abroad for up to 12 months without their residence permit expiring.
- Several short stays abroad are not added together and do not lead to the loss of the title, provided the trips are temporary and the center of life remains in Germany.
- Abuse through regular short entries in order to circumvent the time limit is not permitted and can lead to the expiry of the residence permit.
- The period is extended to 24 months for certain persons with EU permanent residence.
Important:
These regulations are intended to ensure that holders of the EU Blue Card and comparable titles have their center of life in Germany and do not permanently move it abroad without their residence title expiring. Every situation is unique, so we are happy to help you with an individual legal assessment.