Residence permits - both in their limited and permanent form - may expire. In Sect. 51 AufenthG, the Residence Act provides for the following cases in which a residence permit expires, in some cases without further action by the Immigration authorities:
upon expiry of the period of validity
The duration of the residence permit is always printed on the permit. If you have an electronic residence permit, you will find this information directly under your name in the "Valid until" section. If you wish to stay in Germany for longer than the registered period of validity, you must apply for an extension of your residence permit.
upon the occurrence of an invalidating condition
A residence permit is accompanied by ancillary provisions, which may also include an invalidation provision, e.g. "Expires within four weeks after termination of employment". In this case, should your employment be terminated, your title automatically expires after four weeks without further notice or order by the immigration authorities. Here, too, you must immediately submit a new application if you wish to continue your stay in Germany.
upon withdrawal of the residence permit
A residence permit is withdrawn by the immigration authorities if it was not granted in conformity with the law. If this happens, you will be heard by the immigration authorities before the withdrawal actually takes place by administrative act.
revocation of the residence permit
The immigration authorities revoke a residence permit by administrative act if there have been subsequent changes to the facts of the case. Here, too, you will first be heard beforehand and will then receive an administrative decision of revocation.
upon expulsion of the foreigner
If a foreigner's residence endangers public security and order, the free and democratic order or other considerable interests of the Federal Republic of Germany, he or she will be expelled. The previous residence permit thus expires.
- upon announcement of a deportation order pursuant to Section 58a:
If a foreigner poses a particular or a terrorist threat to the security of the Federal Republic of Germany, deportation can be pronounced without prior notice of expulsion.
if the foreigner leaves Germany for a reason which is not of a temporary nature
You are leaving Germany for a "reason which by its nature is not temporary" if it is clear at the time of your departure from Germany that you are not only staying abroad for a short period of time, but that you are moving your principal residence there. Even if you are considering living in the Germany again at a later date, there is reason for the expiry of your residence permit if there is no concrete willingness to return and if the time you will stay abroad is not sufficiently determined.
if the foreigner leaves Germany and fails to re-enter within six months or within a longer period set by the immigration authorities
If you leave Germany for more than six months, a residence permit expires automatically, unless the immigration authorities has agreed to an extension of the re-entry period (e.g. if you plan to stay in order to care of a sick relative for eight months and subsequently return to Germany for the long term). Please submit an informal written application for examination stating the reasons for the more than six-month absence and the intended date of return.
if a foreigner files an application for asylum after being granted a residence permit pursuant to Sections 22, 23 or 25 (3) to (5)
Exceptions (not a complete list)
- An EU Blue Card or a permanent residence permit under the EU Blue Card does not expire after a 6-month absence from Germany, but only after twelve months.
- Residence permits for students and researchers do not expire if they make use of the Europe-wide mobility that is part of this residence permit.
- The permanent residence permit of a foreigner and the permanent residence permit of his/her spouse living in conjugal union with him/her does not expire on leaving Germany for a reason that is not merely temporary or after six months if
- the foreigner has been legally residing in Germany for at least 15 years,
- his/her livelihood is secured and
- there is no interest in expulsion.
- If the foreigner is required to serve in the military of his/her home country, the residence permit does not expire if the 6-month period is exceeded, provided that he/she re-enters Germany within three months after discharge from military service.
- The EU long-term residence permit shall expire only if
- revoked on account of fraudulent misrepresentation, threats or bribery,
- the foreigner is expelled or is served with a deportation order pursuant to Section 58a,
- the foreigner is resident for a period of twelve consecutive months outside of the area in which the legal status of a long-term resident can be acquired; the period shall be 24 consecutive months for a foreigner who previously held an EU Blue Card and for his dependants who previously held a temporary residence permit pursuant to Sections 30, 32, 33 or 36,
- the foreigner remains outside of the federal territory for a period of six years or
- the foreigner acquires the legal status of a long-term resident in another member state of the European Union.