What was the case about?
The case in question involved a man of Turkish nationality. He had originally entered Germany through marriage to a German citizen. He later received a residence permit as the father of a German child, which was extended several times.
Since 2009, he had finally held a Settlement permit —that is, a permanent right of residence. In the years that followed, more children were born, who also hold German citizenship.
In May 2022, the man left for Turkey. According to his own account, he was unable to return for an extended period because he was subject to a travel ban. He did not return to Germany until January 2025. In total, he spent nearly three years abroad.
Shortly after his return, he contacted the relevant Foreigners' office. He wanted to clarify whether his Settlement permit was Settlement permit valid. At the same time, he applied for a new electronic residence permit (eAT) and, alternatively, a new residence permit.
However, the authorities determined that his Settlement permit had expiredSettlement permit his prolonged stay abroad. They also rejected his application for a new residence permit, ordered him to leave the country, and threatened to deport him.
The man filed a lawsuit challenging the decision and also sought interim relief to allow him to remain in Germany until a final decision was reached. He argued that he had not stayed abroad for so long of his own volition. However, the Administrative Court of Hanover rejected the motion for interim relief.
When can a Settlement permit ?
In its ruling, the court confirmed the current legal situation: Although a Settlement permit valid indefinitely, it may expire under certain conditions. The basis for this is Section 51 of the Residence Act. That provision stipulates that a Residence permit expires, Residence permit other things, if a person leaves Germany and does not return within a specified period.
For the Settlement permit , there is a clear rule: Anyone who stays abroad for more than six consecutive months may Residence permit their permanent Residence permit . An exception is possible only if the Foreigners' office approves a longer period Foreigners' office departure.
In addition to extended stays abroad, the law lists other reasons for the expiration or loss of the Settlement permit, such as:
- a loss resulting from serious criminal offenses
- a subsequent revocation if the Settlement permit was issued Settlement permit on false information or documents
In practice, however, a long stay abroad is the most common reason for losing one's Settlement permit.
That was precisely the decisive factor in this case: The plaintiff had been abroad for significantly longer than six months and had not previously Foreigners' office to the Foreigners' office an extension.
For this reason, both the Foreigners' office the court assumed that his Settlement permit had Settlement permit .
Special rule: Does a long stay in Germany protect against loss?
The man argued that he had lived legally in Germany for more than 15 years prior to his departure. The law does indeed provide for a special provision in § 51(2) of the Residence Act for such cases. According to this provision, the Settlement permit is not lost Settlement permit a prolonged stay abroad if a person has previously resided in Germany for at least 15 years.
However, this provision applies only under certain conditions. Specifically, it applies if there is a positive prognosis at the time of departure. In practice, this means that the special provision takes effect if the individual’s livelihood remains permanently secured without government assistance and there is no interest in deportation.
But that was precisely where the plaintiff’s case fell short: Before leaving the country, the man had been receiving social benefits and had been unemployed for an extended period. In the court’s view, this indicated that he did not have a stable financial situation. Consequently, the special provision did not apply to the plaintiff.
Loss of Settlement permit: What does the ruling mean for those affected?
The ruling shows that even a Settlement permit is Settlement permit valid indefinitely in every case. Anyone planning to stay abroad for an extended period should carefully check the applicable time limits.
The six-month rule is particularly important. Anyone who needs to or wishes to stay abroad for a longer period should Foreigners' office the Foreigners' office well in advance to clarify whether an extension can be granted —otherwise, they risk losing their Settlement permit.
In addition Settlement permit a Settlement permit can be revoked for other reasons, such as serious criminal offenses or if it was originally issued based on false information or forged documents.
Furthermore, the decision makes it clear that a long stay in Germany is not automatically sufficient to Settlement permit the loss of a Settlement permit . It always depends on the specific legal requirements and the circumstances of the individual case.
