My friend made application for naturalization but it was denied as he had stayed abroad for more than 6 months.
Previously he stayed in Germany for 15 years with permanent resident. Once he returned his residence was started from the beginning by the Auslander behorde.
He applied for naturalization but it was denied because he had stayed outside Germany for more than 6 months.
He argued with Authority that according to 12B nr 2 even though he stayed abroad for reasons that are not temporary in nature he was allowed to claim up to a maximum of 5 previous years if it's towards naturalization.
The authorities asked what was the reason for non temporary interruptions.
Are family problems back home enough reason for non temporary interruptions?
Should he just be given the years back as long he had permanent residence?
Nationality act section 12b
[Interruptions of residence]
(2) If the foreigner has resided abroad for more than six months for a reason of a non-temporary nature, the previous period of residence in Germany may be counted towards the duration of residence which is necessary for the purposes of naturalization, up to a period of five years.