What was the case about?
The case involved a woman who had lived in Germany for many years and had Settlement permit . In May 2023, she registered her primary residence in Austria with her partner, who lives there. A few weeks later, she married the Austrian citizen.
Shortly after the wedding, the woman also applied for a “Residence permit ” (residence permit for family members) in Austria. The marriage later ended in divorce. In March 2024, she told an Austrian government agency that she wanted to return to Germany after the divorce.
However, the German Federal Office for Migration and Refugees ( Foreigners' office ) had since concluded that the woman had moved her primary residence to Austria. As a result, her German residence permit (Settlement permit ) had expired.
The woman appealed the decision. She argued that she had never completely given up her residence in Germany. She had remained registered in Germany, had an apartment and a bank account there, and had continued to receive medical treatment from German doctors. In addition, she had regularly stayed in Germany even after her wedding.
Staying Abroad: When Does the " Settlement permit" Expire?
The fact that a “Settlement permit ” is valid indefinitely does not mean that it remains in effect permanently under all circumstances. Section 51 of the Residence Act (AufenthG) governs when the “ Residence permit ” expires.
When staying abroad, two sections of the law are particularly important.
Rule No. 1: The " Settlement permit " expires after six months abroad
As a general rule, the “ Settlement permit ” may be revoked if the holder leaves Germany and does not re-enter within six months (Section 51(1)(7) of the Residence Act). An exception may be granted if Foreigners' office a longer period is approved prior to departure.
There are also other exceptions. Anyone who is at least 60 years old and has been legally residing in Germany for at least 15 years has twelve months, rather than six, to re-enter the country. Under certain conditions, this also applies to a spouse with Settlement permit.
Another exception applies to individuals who have been legally residing in Germany for at least 15 years. If they have sufficient means of support and there is no reason to deport them, their right of residence ( Settlement permit ) does not expire even during a prolonged stay abroad.
Another exception applies if the deadline is exceeded solely because the person is fulfilling their statutory military service obligation in their country of origin. In this case, the right of residence under Section Settlement permit does not expire if the person re-enters the country within three months after the end of their military service.
Rule No. 2: The " Settlement permit " Expires Upon Departure
In addition, however, the “ Settlement permit ” may also expire much earlier—namely, upon departure from Germany (Section 51(1)(6) of the Residence Act). This is the case when a person leaves Germany not just temporarily, but permanently.
This means that a “ Settlement permit ” (residence permit) can be revoked even before the six-month period expires if a person permanently relocates their primary place of residence abroad. Factors that may indicate this include, for example, a new primary residence, a shared apartment with a spouse, or long-term employment abroad.
What was the court's decision?
The Bavarian Administrative Court rejected the plaintiff's motion. In the judges' view, there were no serious doubts that her Settlement permit had expired.
From the court’s perspective, there were several reasons to believe that the woman had permanently left Germany and moved her primary residence to Austria:
- In May 2023, the plaintiff registered her primary residence in Austria
- She married an Austrian citizen and lived with him in Austria
- She applied for a " Residence permit " for family members in Austria
The fact that the woman was still registered in Germany and had an apartment there did not affect the decision of the Foreigners' office and the court’s decision. In the judges’ view, a registered address alone is not sufficient to demonstrate that the center of her life remains in Germany. Even individual doctor’s appointments and visits to government offices in Germany were not sufficient to establish this.
It is also important to note that once the “ Settlement permit ” has expired, it does not automatically become valid again if the person in question wishes to return to Germany at a later date.
Conclusion: What does this mean for owners of a Settlement permit?
During stays abroad, the " Settlement permit " may expire for two reasons:
- Six-Month Time Limit: If a person leaves Germany temporarily—but for longer than six months—the “ Settlement permit ” may expire. Exceptions are possible if the “ Foreigners' office ” grants a longer period.
- Permanent Departure: If a person moves their center of life abroad—for example, by establishing a new primary residence— Settlement permit ation may expire as soon as they leave Germany.
Whether a departure is temporary or permanent always depends on the individual case. Key factors include, for example, the reason for the stay abroad, its duration, and the individual’s personal and professional ties to Germany and to the other country.
Anyone planning to spend an extended period abroad with a German " Settlement permit " should therefore check before leaving the country what implications this will have for their " Settlement permit ."
