Renewal of German Residency Permit

[schwarzselma]

I have a question regarding renewing a German residency permit. I am a dual citizen: American and Swiss. I currently live and work in Munich, Germany. I have an unlimited/permanent work contract with my German employer. My German residency permit was issued in November 2014 in Munich (using my Swiss citizenship) and will expire in December 2015 (I received a short term permit as when I received it I did not yet have a job...now I do with an unlimited contract).

I will be in the United States between September 2015 and January/February 2016 due to a family health issue. While I am in the USA, I MAY still be able to work for my current German employer via ''Home Office.'' As I will not be in Germany when my German residency permit expires, do I need to renew my residency permit before I leave Munich or can I renew it when I return in 2016? Would I only need to renew it before I leave IF I work remotely with my current employer?

I will not have an address in Munich so I am deregistering with the KVR. Not sure if this matters.

I have contacted the Munich KVR several times, but have not received an answer yet so I thought I would try here. Thanks!

[ALKB]

I am confused - why would you need a work/residence permit as a Swiss national? What does your permit say exactly?

In general:

Will you be out of Germany for longer than 6 months?

Any German residence permit (even "indefinite" ones) loses validity as soon as you stay outside of Germany for six months or longer unless you go to your local Ausländerbehörde and inform them beforehand, putting your stay abroad into the system.

You don't need a German residence permit to work for a German company remotely.

As a Swiss national you should not need a permit in the first place. The only thing you'd have to do is to register your address, as everbody else including Germans have to do as well.

[schwarzselma]

Hi ALKB,

Thanks so much for your response! When I moved here last year, I also thought I would only need to register my address but the Ausländerbehörde told me I also needed the residency permit. This is from bamf.de: ''Nationals of Switzerland and their family members also enjoy freedom of movement within the EU, but must apply for a special purely declaratory residence permit for Swiss nationals (section 28 of the Residence Act).'' I received the permit the same time I registered my address and was very easy...guess it is just a formality for Swiss citizens.

I will only be out of Germany about 4-5 months BUT my current residence permit expires while I am away.

My permit does not say anything regarding working, living, etc. Just has my picture, name, DOB, place I was born and Swiss passport info and valid until 12-12-15. I guess it shouldn't be an issue to just apply for a new residence permit when I return in January. My main concern was if I needed the permit to be valid while working abroad for a German employer, but you answered that. Thanks again for your help!

[the hurricane]

I am confused - why would you need a work/residence permit as a Swiss national? What does your permit say exactly?

In general:

Will you be out of Germany for longer than 6 months?

Any German residence permit (even "indefinite" ones) loses validity as soon as you stay outside of Germany for six months or longer unless you go to your local Ausländerbehörde and inform them beforehand, putting your stay abroad into the system.

You don't need a German residence permit to work for a German company remotely.

As a Swiss national you should not need a permit in the first place. The only thing you'd have to do is to register your address, as everbody else including Germans have to do as well.

@ALKB your statement is incorrect. First of all, Swiss nationals are entitled to free movement as any other EU nationals; however, they still must apply for a resident permit in Germany as opposed to other EU nationals.

[ALKB]

I am confused - why would you need a work/residence permit as a Swiss national? What does your permit say exactly?

In general:

Will you be out of Germany for longer than 6 months?

Any German residence permit (even "indefinite" ones) loses validity as soon as you stay outside of Germany for six months or longer unless you go to your local Ausländerbehörde and inform them beforehand, putting your stay abroad into the system.

You don't need a German residence permit to work for a German company remotely.

As a Swiss national you should not need a permit in the first place. The only thing you'd have to do is to register your address, as everbody else including Germans have to do as well.

@ALKB your statement is incorrect. First of all, Swiss nationals are entitled to free movement as any other EU nationals; however, they still must apply for a resident permit in Germany as opposed to other EU nationals.

Yes, we have established that already.

I had thought that they had done away with actual permits for Swiss nationals a while ago, but I am happy to learn something new