Hi- I have a question regarding the student residence permit in Germany. I am an admitted foreigner student in a one year MA programme at a German university. I have been granted a student residence permit for one year. I have accepted a job offer in the UK and decided to put my studies into a halt for the time being with the intention to pursue it later (potentially next year). In this case, my permit would have been already expired when I resume my studies. My question is: what are the legal implications for ex-marticulation as a foreigner student on my permit? would I be able to renew it when I resume my studies in the summer semester next year? are there any legal steps I should take before departing Germany (e.g informing the authorities)?
Ihre Anfrage möchte ich Ihnen auf Grundlage der angegebenen Informationen verbindlich wie folgt beantworten:
As soon as you leave the country your residence permit will expire. This is so because of Sec. 51.1 of the residence law:
The residence title shall expire in the following cases:
6. if the foreigner leaves the federal territory for a reason which is not of a temporary nature,
7. if the foreigner leaves the federal territory and fails to re-enter the federal territory within six months or within a longer period set by the foreigners authority,
But if you do not remain student the authority can reduce the validy:
"The residence permit shall be subject to a time limit which takes due account of the intended purpose of residence. Should a vital prerequisite for issuance, extension or the duration of validity cease to apply, it shall also be possible to subsequently reduce the length of validity."
I suggest you clarify the situation with the authorities before you leave
Ich hoffe, Ihre Frage verständlich beantwortet zu haben und bedanke mich für das entgegengebrachte Vertrauen. Bei Unklarheiten können Sie die kostenlose Nachfragefunktion benutzen.
Mit freundlichen Grüßen
Rechtsanwalt Ernesto Grueneberg, LL.M. Fachanwalt für Migrationsrecht
Rückfrage vom Fragesteller16. April 2015 | 18:13
Thank you very much for your answer. So just to confirm: essentially, I will lose my permit by the virtue of not being a student and leaving the country, correct?
and In case my permit expires and I would like in the future to resume my studies in Germany, would I be eligible to reapply for a new permit?
Antwort auf die Rückfrage vom Anwalt20. April 2015 | 12:02
You understood it correctly.
Regardning your question: yes you will be elegibly but the problem is that you don´t have a right to get the residence permit. That you once stopped studying hier can be grounds for refusal.