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My friend has been out of Germany for more then 6 months, he has been granted Asylum & had permanent visa now.
Can he come back smoothly or he will not be allowed to Enter Germany.
asked Dec 26, 2018 in Legal advice by akaash
permanent settlement permit expires 12 months after the holder has left Germany
If the permit holder is at least 60 years of age, and
If he/she has stayed in the federal territory legally for at least 15 years.
The same also applies to his/her spouse if the latter is living with him/her with a settlement permit, and provided that the spouse is also at least 60 years of age.
A permanent settlement permit will not expire, even after a longer stay abroad, if
The permit holder has stayed legally in Germany for at least 15 years and has secured means of subsistence (this also applies to his/her spouse with a permanent residence title), or
If the permit holder is in marital cohabitation or in a registered life partnership with a German national.
The Foreigners’ Registration Office or the citizens’ registration offices (Bürgerämter) will issue a certificate to this effect. This certificate may be required in order to re-enter Germany.
More information about the certificate
In all other cases, a longer time limit may be permitted upon request if
The stay abroad is only temporary (for example, to care for a close relative, or for a semester abroad during a degree), or
If the stay abroad serves the interests of the Federal Republic of Germany (see above under Residence permit

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1 Answer

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Dear @akaash,

Thank you for reaching out to the community and I'm very sorry for the longer waiting time.

The important question to ask here is - has your friend spoken about his intended leave with the Ausländerbehörde (Foreigners Office) before he left Germany?

Please have a look at Thorgen's answer from the following thread:

For how long can a refugee stay outside of Europe (maximum)?

As he explains:

"You can stay in a visa-free country for a maximum of 90 days within a period of 6 months. If you entered a country with a visa, the maximum length of your stay is determined by the terms and conditions of your visa.

If you plan staying abroad for more than six months I'd highly recommend to get in touch with with Ausländerbehörde first. Maybe they can make an exception. Otherwise your Aufenthaltsgestattung expires after six months."

 

You can also find a short explanation of "Asylum and Travel Restrictions in Germany" by Infomigrants here: http://www.infomigrants.net/en/post/12444/asylum-and-travel-restrictions-in-germany-what-you-need-to-know

I hope I was able to help. Please feel free to reach out to the community again if you need any further assistance!

All the best,

Isa

answered Jan 7 by Isa
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