hTTi

Hi, I am wondering if anyone can help with the topic of retaining residence permit. I have a residence permit for spouses of German citizens. My German husband is planning to move to a non-EU country for more than 6 months. He will lose his tax status here in Germany. I would like to stay in Germany as I want to apply for citizenship next year so I have to maintain residency here. My question is as my residence permit is tied to my husband, do I get to retain it, even if we don't live together in Germany? Obviously I will visit him in the other country, but he will not be registered in Germany for tax purposes and will not have Anmeldung. I will on the the other hand maintain a tax status in Germany (we will file separately) and will have an Anmeldung. I think what worries me is that spouses are supposed to live together and I don't know how German authorities treat these long distance arrangements. I would appreciate your advice.

Hmm, I am not sure. I don't even know if they check his tax status when you apply. Do you have an Aufenthaltstitel or a Niederlassungserlaubnis? If it's the latter you can definitely stay on your own.

@kaffeemitmilch Thanks for response! I have aufenthaltstitel, unfortunately. Okay well, I guess I need to talk to the lawyer about this. Thanks for your help anyways!

It seems to me that as long as he is German and you are married to him, your status shouldn't change.

Do let us know what you find out.

Even if he stays outside Germany for 6 months or longer, he may still be taxable in Germany if he still has a home or an apartment.

LeonG wrote: ↑Fri May 17, 2024 3:51 pm Even if he stays outside Germany for 6 months or longer, he may still be taxable in Germany if he still has a home or an apartment.

But this doesn't address the original question.

The term "Residence permit for spouses, parents and children of German citizens" is a translation of "Aufenthaltserlaubnis für Ehepartner, Eltern und Kinder von deutschen Staatsangehörigen".

I am not a lawyer, but the key is the phrase "deutschen Staatsangehörigen". Your husband is a "deutscher Staatsangehöriger" as long as he has a German Passport.

But again, I am not a lawyer.

I can only speak to my situation. I am currently still on an Aufenthaltserlaubnis, but my category is as the spouse of an ehemalige Deutscher (former German citizen). Each time I‘ve applied/renewed we’ve both been required to sign something very formal stating that we still live together as a married couple at our registered address (not just faking it). He had a legal right to that permit and I just got to tag along cuz we‘re a unit.

Have you thought about connecting with your case worker at the Bürgerbüro regarding your situation? Our guy is always very helpful and responds to questions that we email him about.

My 5th year here is almost up and I will soon be applying for my Niederlassungserlaubnis. Wishing you all the best resolving things.

Franklan wrote: ↑Sat May 18, 2024 5:35 pm I am not a lawyer, but the key is the phrase "deutschen Staatsangehörigen". Your husband is a "deutscher Staatsangehöriger" as long as he has a German Passport.

Its the other way around - a person can have a German passport as long as he/she is a German citizen (similar goes for other countries of course).

Back the the original question: can Julia stay here in Germany, while her German husband resides elsewhere, and Julia's visa is linked to the two of them living at the same (German) address?

I think the answer is No. Sorry.

I don't think tax matter at all. He will have to report for taxes wherever he's resident, period.

Not really related but....
Some countries (well, Italy at least) let a spouse apply for citizenship even if the couple never lived in the country. Only being married for some years, plus language, is sufficient.
The English wife of my Italian cousin got Italian citizenship, although she never lived in Italy.

Alberto wrote: ↑Mon May 20, 2024 10:41 pm Not really related but....
Some countries (well, Italy at least) let a spouse apply for citizenship even if the couple never lived in the country. Only being married for some years, plus language, is sufficient.
The English wife of my Italian cousin got Italian citizenship, although she never lived in Italy.

The mere awareness of this possibility will make a German civil servant's head explode.

When you say for longer than 6 months, how long are we talking about here? And, is this to a neighboring country? Will he be coming back to Germany, and if so, how often? You might be able to request temporary relief from the ABH depending on the answers to these questions.

There's this German forum where immigration caseworkers also weigh in: https://www.info4alien.de/cgi-bin/forum/YaBB.cgi. You are likely to find your answer there.