Leaving Germany: what must I do with my residence registration?

You would be expected to change your registration of residency, otherwise they would expect you to file tax return as and pay social contributions etc.

But I have to warn you that you might not understand the rights of your residency if you ae a non EU citizen. With an unlimited residency (unbefristete Aufenthaltserlaubnis) you lose it after a year out of the country. And I don't think just coming back for a day or 2 in between will count.

A settlement permit (Niederlassungserlaubnis) will possibly allow more time outside of Germany without losing one's status but it depends on multiple factors. First of all,  one should be intending to return rather than abandon their residency. And they have to be able to pay their way upon return. This means if they go away for more than a year and come back with no job and would need social assistance then they can be denied. I think one can leave with a settlement permit up to 5 years - if it is to another EU country with intention to return and financial independence. Otherwise people are mistaken to think that they can leave indefinitely even with a settlement permit. And like I mentioned, I don't think just coming back for a short visit counts. One should definitely talk with the immigration officials at the office for foreign residents (Auslandereinwohneramt) about their intention s and exactly how it should work to leave for any period of more than a year.

Hi Tom,

Thanks for the insight and for pointing things that I have neglected or misunderstood.
Just some more background about my situation and intention:
-  I do have a Niederlassungserlaubnis;
- I want to keep my residence (Wohnsitz) registration;
- I am planning to spend some years abroad, keeping the option to switch back my habitual residence to Germany later;
-  I do not mind continuing my contribution to social security (in particular, medical and nursing care) and paying tax in Germany;
-  I have no intention to depend on social assistance any time in the future.

Regarding the duration of absence from Germany without risk of losing my residence title, after reading the relevant Gesetz § 51 (AufenthG), I think you are right:  it should be 6 months, not 12.

The problem I face is that when I asked my medical insurance company about keeping the medical contribution while abroad, they said that it may not be possible if I have de-registered my residence.
I have no intention to de-register.  But when I read the Meldebehörde website, it says that anyone  leaving Germany must de-register.

So my question is:  if I want to spend some years abroad and rent out my own apartment in Germany during that time, can I choose not to give up my Wohnsitz registration, so that I can keep contributing medical insurance and my Niederlassungserlaubnis?

By law, you have to de-register (and indicate that you are moving abroad). You then cannot keep your German health insurance as a non-resident.
You can avoid this only by keeping an abode here, meaning at least a lockable room that is available to you at all times. It does not matter whether you actually ever stay there or not. Then you have to keep your German health insurance, although that does not cover you for stays abroad of over three months, as far as I know.

Thanks beppi.

If a person is not staying in Germany for a long time (say, more than half a year), but keeps his registration and room, then he/she is allowed to stay with the health insurance.  And if that person doesn't mind the German taxation implication and insurance payment, then he/she can continue to stay abroad.  Does that mean there is no risk of losing the Niederlassungserlaubnis in such a case?

Pat87 wrote:

If a person is not staying in Germany for a long time (say, more than half a year), but keeps his registration and room, then he/she is allowed to stay with the health insurance.

Yes, that is correct. He even HAS TO stay in the German health insurance - even if that does not cover him at the foreign place he actually spends his time at.

Pat87 wrote:

Does that mean there is no risk of losing the Niederlassungserlaubnis in such a case?

The visa is lost after six months actually staying abroad (unless prior arrangement is made with the foreigner office), regardless of the above.
How they would find out (and cancel the visa) if you have an abode, registration, etc. and only travel within the Schengen area (undocumented) is a good question, but legally the visa would be void after six months.

Pat87 wrote:

Thanks beppi.

If a person is not staying in Germany for a long time (say, more than half a year), but keeps his registration and room, then he/she is allowed to stay with the health insurance.  And if that person doesn't mind the German taxation implication and insurance payment, then he/she can continue to stay abroad.  Does that mean there is no risk of losing the Niederlassungserlaubnis in such a case?

Honestly this idea of maintaining a room sounds complicated and expensive. It would likely create a situation where one has to pay tax and health care in both countries!

Like I mentioned, you should really ask the immigration officials in your town, posing the questions as a hypothetical at the beginning to find out what is possible. The thing is that there is actually a lot of flexibility and one might be given official permission to stay away a few years. But it depends on where and having definite intention to return and not needing assistance. From my understanding, up to 5 years can be possible if it is in other EU countries.

And even having a registered place, it is possible the officials find out and revoke the Niederlassungserlaubnis anyway. Pretty questionable when they see from your taxes that you have been continually working outside the country.

But say you get  a longer stay abroad approved; definitely get something in writing! It could be that you return and other officials take a different view of the situation. If the official who gave approval has left or you don't know who they were - and you don't have something in writing showing approval, then it could be a disaster for you.

Your situation is a good example of the limitations of residency permits. Even official sources often refer to a unbefristete Aufenthaltserlaubnis or Niederlassungserlaubnis as "permanent"  although they are actually quite limited when it comes to leaving and wanting to return. This is why people intending to stay in Germany indefinitely should really consider the option of getting German citizenship if they can.

You mean the residence permit instead of visa? I always have the same question about how they find out that one has been away for more than 6 months.  Every time I leave/enter Germany, they check my foreign passport, and have a look a the residence permit without scanning it.  How do they keep a record of the duration of absence outside Germany?

TominStuttgart wrote:

Your situation is a good example of the limitations of residency permits. Even official sources often refer to a unbefristete Aufenthaltserlaubnis or Niederlassungserlaubnis as "permanent"  although they are actually quite limited when it comes to leaving and wanting to return. This is why people intending to stay in Germany indefinitely should really consider the option of getting German citizenship if they can.

In that case, maybe I should consider keeping my habitual residence in Germany and spending less than 6 months every year outside in a "second home".

Getting German citizenship is not an easy thing...  I tried last year and got rejected.  I met all the requirements, except that I could not produce a B1 language certificate...  Long story:  I actually successfully passed B1 exam 7 years ago. But at that time, all I got was a letter saying that I successfully passed, and I thought that was what I was supposed to get as proof.  I did not realize that they (BAMF or Telc) should have sent me a certificate.  When I asked BAMF and Telc last year to provide me with a  certificate, they said they could not since their electronic records are kept for 6 years only.  No German citizenship unless I pass the exam again and re-apply.

Pat87 wrote:

You mean the residence permit instead of visa? I always have the same question about how they find out that one has been away for more than 6 months.  Every time I leave/enter Germany, they check my foreign passport, and have a look a the residence permit without scanning it.  How do they keep a record of the duration of absence outside Germany?

I don't know for certain, but I know in other countries that they can tell by your tax records, i.e. if you're not there, so not working and paying taxes, it sets a flag.

How they track it is a good question. You are right, passports are only sometimes scanned on entry - so there cannot be 100% surveillance.
But the legal situation is such that the onus is on you: If you were away and return after more than six months by knowingly using the by now invalid visa (the "residence permit" is your visa), you are committing an illegal act and are liable for prosecution (incl. deportation) even if found out later on.
It's not something I would gamble on. In addition, discussions of illegal acts are disallowed on this forum. So the topic should stop here.

Thanks beppi. Now it's much clearer to me regarding the limitations of permanent residence title.
So, leaving Germany for a long period is not a question anymore.

But if you don't mind, I have a different question:
I'm quitting my job later this year.  Under the current market condition and my age, finding a job may be very difficult. So, I may choose to take it easy and stay jobless for at least a while (but may do some freelancing later).  Considering that I have no intention to seek for social assistance (i.e. unemployment money, as I worry that doing so might put my residence title at risk), do I need to inform any authority once I become jobless, e.g. Bundes-Agentur für Arbeit, Finanzamt, Rente and Ausländeramt?  Will I still need to contribution pension if I have no income?  (by the way, for health insurance,  I have checked with my insurer and they offer to keep me on Auschlussversicherung as long as I have a residence registration here.)