Expiry of the residence permit
All information on the expiration of the residence permit and the reasons for expiration.
Here you learn ...
in which cases the residence permit expires
when a residence permit expires when leaving Germany
when residence permits expire due to ancillary provisions
what you can do to prevent your residence permit from expiring
Table of Content
1. When does my residence permit expire?
2. Expiry of the residence permit upon departure
2.1 Departure for more than 6 months
2.2 Departure for non-temporary reasons
3. Expiry due to ancillary provisions
3.1 Expiry of student visas
3.2 Expiry of residence permits for self-employed persons
4. Expiry of residence permits
5. Prevent expiration of residence permit
6. Conclusion on the expiration of residence permits
1. When does my residence permit expire?
The expiration of residence permits is a central aspect of German residence law and particularly affects foreign nationals who are staying in Germany with a residence permit (e.g., residence permit, EU Blue Card, settlement permit). The loss of a residence permit can have serious consequences—including the obligation to leave the country. The relevant regulations regarding the expiration of residence permits can be found in Section 51 of the Residence Act (AufenthG) . This article covers all questions related to the expiration of residence permits.
The expiration of a residence permit should first be distinguished from subsequent reduction ( Section 7, Paragraph 2, Sentence 2 of the Residence Act ). In some cases, the residence permit does not expire, but its validity is subsequently reduced. The immigration authorities have this option if a prerequisite for granting a residence permit has subsequently ceased to apply (e.g., job loss or divorce from the spouse). However, the residence permit may not be reduced to a point in the past, but only to a point in the future.
2. Expiry of the residence permit upon departure
Of particular practical relevance for the expiry of residence permits is the provision according to which the residence permit expires if the foreigner stays outside Germany for more than six months without interruption ( Section 51 Paragraph 1 No. 7 of the Residence Act ) or if the foreigner leaves the country for a reason that is “not temporary ” in nature (Section 51 Paragraph 1 No. 6 of the Residence Act).
2.1 Departure for more than 6 months
In practice, the expiry of a residence permit due to leaving the country for more than six months is often very relevant ( Section 51, Paragraph 1, No. 7 of the Residence Act ). According to the law, a residence permit expires if the foreigner leaves the country and does not re-enter within six months or a longer period set by the immigration authorities. The immigration authorities usually check this using the entry and exit stamps in the passport . Expiry due to leaving the country for more than six months can, however, be prevented by obtaining a certificate from the immigration authorities that leave the country for more than six months is permitted. This certificate can even be applied for while you are still abroad. However, applying for a certificate while you are abroad is associated with a high level of risk, as you then have to inform the immigration authorities yourself of the reason for the expiry. If the immigration authorities then reject your application for an extension of the departure period, your residence permit will expire.
A special rule regarding the absence of 6 months applies to holders of an EU Blue Card and to holders of the EU long-term residence permit . According to Section 51, Paragraph 10 of the Residence Act, the validity period for the EU Blue Card and for residence permits issued to family members of an EU Blue Card holder is twelve months . The same applies to the EU long-term residence permit, although in this case the validity period is even 24 months if the holder of the EU long-term residence permit previously held a Blue Card ( Section 51, Paragraph 9, Sentence 1, No. 3 of the Residence Act ). Holders of a Blue Card and an EU long-term residence permit can therefore stay abroad for considerably longer without their residence permits expiring. It should be noted, however, that this rule only applies to the six-month period. If Blue Card holders leave the country for a “non-temporary reason” (Section 51, Paragraph 1, No. 6 of the Residence Act), their EU Blue Card will still expire. However, this rule only applies to the EU Blue Card and not to the EU long-term residence permit.
2.2 Departure for non-temporary reasons
Another common reason for the expiration of a residence permit is departure for a “non-temporary reason” ( Section 51, Paragraph 1, No. 6 of the Residence Act ). Departure for a “non-temporary reason” occurs when a foreign national leaves Germany without knowing for sure when they will return. In practice regarding residence law, this often leads to conflicts with the immigration authorities if it remains unclear whether the departure is temporary or permanent. A key indicator for assuming a non-temporary departure is deregistration of the residence with the residents’ registration office. Anyone who deregisters their residence in Germany usually signals a permanent departure – with the consequence that the residence permit expires according to Section 51, Paragraph 1, No. 6 of the Residence Act. Important: This expiration occurs regardless of the so-called 6-month period . This means: Anyone who leaves the country for a non-temporary reason can lose their residence permit on the first day after departure – not after six months.
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A special regulation for leaving the country for non-temporary reasons applies to the EU permanent residence permit . According to Section 51 (9) of the Residence Act, special provisions apply to the EU permanent residence permit because the EU permanent residence permit is based on European law. Accordingly, the relocation ban (leaving the country for non-temporary reasons) does not apply to the EU permanent residence permit. Holders of an EU permanent residence permit can therefore leave Germany permanently and deregister their residence here without the EU permanent residence permit expiring. This makes the EU permanent residence permit unique in German residence law. With the EU permanent residence permit, you only have to ensure that you enter the country once within 12 months . Otherwise, the EU permanent residence permit will also expire. To prevent expiration, a stay in Germany of just a few days is sufficient (see ECJ, judgment of January 20, 2022, C-432/20 ).
3. Expiry due to ancillary provisions
Residence permits can also expire if a so-called ancillary provision stipulates this. Ancillary provisions are additional provisions that can be included in the residence permit. This is particularly true for students and self-employed persons .
3.1 Expiry of student visas
Residence permits for students usually contain one of the following additional conditions:
Expires upon completion of preparatory measures
Expires upon completion of a university course at a (specific) German university
Expires upon completion of studies at a German university without a degree
Expires upon completion of studies in subject A at B University
In these cases ( e.g., in the case of deregistration ), the residence permit can quickly expire, resulting in illegal residence in Germany. However, these ancillary provisions are often formulated in an unlawful manner, so a lawyer may be able to prevent the expiration.
3.2 Expiry of residence permits for self-employed persons
There are also specific grounds for the expiration of a residence permit for self-employed persons and freelancers. The following ancillary provisions are particularly relevant here:
Expires when health insurance coverage ceases.
Expires when claiming benefits under SGB II or SGB XII
As a self-employed person or freelancer, you should therefore pay particular attention to the validity of your insurance and not apply for social benefits . Otherwise, your residence permit may become invalid and your stay in Germany illegal.
4. Expiry of settlement permits
Special provisions for the expiration of residence permits also apply to settlement permits . In principle, settlement permits also expire according to the standards mentioned above (i.e., in particular upon permanent departure). However, this does not apply if you, as the holder of a settlement permit, have already been residing in Germany for 15 years ( Section 51, Paragraph 2, Sentence 1 of the Residence Act ). The settlement permit of a foreign national living with a German national in a married partnership does not expire due to departure, as long as there is no reason for deportation. In these cases, the immigration authorities at the place of last habitual residence will issue a certificate upon request to prove the continued validity of the settlement permit.
5. Prevent expiration of residence permit
The expiration of a residence permit can have serious consequences for foreign nationals. In many cases, however, there are legal and practical options to prevent or avert the expiration . Early advice from a specialist lawyer is often crucial in this case. In practice, immigration authorities are willing to negotiate , particularly if the person concerned has not been guilty of any offenses in the past. Frequently, the evidence is unclear, especially if the foreign national can credibly demonstrate that they intended to return . In such cases, a discussion with a lawyer can often lead to a formal determination of expiration being waived or alternative solutions being found.
Summary of this Page
The expiration of a residence permit is a complex and practically relevant area of German residence law, with sometimes serious legal consequences, including the obligation to leave the country. The most important reasons for expiration – such as an extended stay abroad, non-temporary departure, or ancillary provisions – are regulated in Section 51 of the Residence Act. Holders of certain residence permits, such as the EU Blue Card or the EU long-term residence permit, enjoy longer periods of protection. However, they still need to exercise caution, especially in the case of final deregistration or long-term stays abroad. Anyone who does not want to jeopardize their residence permit should check in good time whether there is a reason for expiration or whether there is a risk of expiration. In many cases, there are options for prevention, for example by applying for a certificate or seeking legal assistance.
