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Is the German residence card still valid if it has not entered the country for half a year?

What should I do if I stay outside Germany for more than 6 months during the epidemic? Is long-term residence still valid?

I can't return to Germany as scheduled due to COVID-19 epidemic, flight or various circumstances. I will stay outside Germany for nearly six months. What should I do? Is the previous long-term residence still valid? Will it be cancelled? Will it affect future visa renewal? Today I will specifically answer the question about re-entering Germany.

Many friends will consult the German housekeeper. I have obtained a permanent residence permit in Germany, so do I need to enter the country once every six months?

The answer is yes.

According to Item 7 of Article 5 1 of the German Residence Law, if a foreigner leaves Germany and does not re-enter the country within six months, his residence will automatically become invalid. The idea of German legislation is that if a foreigner has left Germany for more than six months, it is inferred that his life center is no longer in Germany and he no longer needs a residence permit in Germany.

But all rules have exceptions. For example, if a person needs to leave Germany for more than six months for just reasons, he can apply to the competent immigration office of his last place of residence. Immigration will determine the last time to enter Germany according to the needs of the parties. As long as the person concerned returns to Germany within the time set by the Immigration Bureau, this situation will not invalidate his residence. The time given by immigration is longer than six months.

If your residence permit has expired, you can apply for Wiedereinreisevisum at the China Consulate. The application materials are as follows:

visa application form

passport

Old residence permit

Visa photo

Old visa card

insurance certificate

Air tickets when leaving Germany

School registration certificate

Freeze accounts (853 euros per month for six months) and 75 euros.

All the above are originals plus two copies.

However, on July 6th this year, the EU promulgated a new regulation. At the time of entry, the D visa for studying abroad must be issued by the school, which means that students must return to Germany to study at the school or something, otherwise they will not be able to enter the country after getting the visa. Moreover, it is understood that the domestic Shanghai Consulate has closed the visa port of Wiedereinreise and can only apply through the normal port of Studentenvisum (but the materials remain unchanged). If there is no certificate issued by the school, the submitted materials may not be accepted, and it is difficult for Termin to make an appointment now.

Last but not least, if you hold the German permanent residency (Niederlassungserlaubnis) and have lived in Germany for 15 years. Because of the epidemic, you are still in China. Even if you have reached 15, you still need to submit an application to the Administration for Foreigners.

Q: Can I stay in China without applying for anything?

A: Actually, you still need to write to the Immigration Bureau/Aliens Administration Bureau to confirm that you can come back once in half a year.

According to the second paragraph of Article 5 1, foreigners who have lived in Germany for a long time have legally stayed in Germany for more than 15 years, or foreigners who have married Germans are guaranteed their livelihood and have no reason to be forcibly deported, so they are not bound by the seventh paragraph of Article 5 1.

However, the premise is that the parties concerned apply to the Immigration Bureau/Aliens Administration of their last residence in Germany for proof that their residence will not automatically expire according to their own needs. After obtaining the certificate explaining the situation in detail, the long-term residence will not be cancelled, and there is no restriction on returning to Germany within 6 months.

In addition, the immigrant's documents must be kept well, and attention should be paid to the validity period of the documents. Remember to communicate with the immigration office where you live in Germany before it expires.