Re-entry to Germany with a permanent residence permit after 6 months abroad

[hdd]

I have the following question.

I (German citizen) lived with my wife (Indian citizen) for several years in Germany. She has a 'Niederlassungserlaubnis' (permanent residence permit) from this time. We moved abroad in August 2023 to the UK. Usually the Niederlassungserlaubnis expires after 6 months abroad. There is however a special case if one is married to a German citizen. The relevant law (paragraph 51 of the 'Aufenthaltsgesetz') says that a Niederlassungserlaubnis doesn't expire if the spouse is a German citizen and the marriage still persists. Now it says further that the immigration office can issue a declaration that confirms this (for this one has to make a joint statement that the marriage persists) which can be necessary for traveling back to Germany. I quote:

"Zum Nachweis des Fortbestandes der Niederlassungserlaubnis stellt die Ausländerbehörde am Ort des letzten gewöhnlichen Aufenthalts auf Antrag eine Bescheinigung aus."

I haven't been able to get this document. I contacted the local immigration office multiple times over the last months with the request to issue this document, but I never got an answer. They also don't have a telephone service... This is pretty much in keeping with my previous experiences with the immigration office (a completely incompetent mess).

We would like to travel soon back to Germany (just for vacations).

1) Does anybody have experience in traveling to Germany in such a situation without this declaration? We would travel together, and I could of course confirm to the immigration officers at the airport that we are still married, and that therefore the Niederlassungserlaubnis is still valid. Yet German knowledge tells me that the lack of a particular paper may prevail over basic common sense [I also talked with an immigration lawyer very shortly about this. Her opinion was that she doesn't really know, that it might work, but she is not certain]. Or does anybody have some advice? I guess my chances would be worse if I try another Schengen country? I don't want to get a visa if not necessary.

2) We traveled to Germany over Christmas for a few days. Would this influence the 6 months expiry at all?

3) I don't understand the usage of this document anyways. Obviously, this document can't be valid for a long time (what if the relationship status changes?). Would I have to get a new one each time I travel? And how should this work in practice?

Thanks a lot.

[Ticktack]

If unsure, why not travel to Poland, Czech, Netherlands or any of the bordering countries closer to your destination and take a train from there.
It's extra stress, but a way around the uncertainty.

[Angel99]

I have the following question.

I (German citizen) lived with my wife (Indian citizen) for several years in Germany. She has a 'Niederlassungserlaubnis' (permanent residence permit) from this time. We moved abroad in August 2023 to the UK. Usually the Niederlassungserlaubnis expires after 6 months abroad. There is however a special case if one is married to a German citizen. The relevant law (paragraph 51 of the 'Aufenthaltsgesetz') says that a Niederlassungserlaubnis doesn't expire if the spouse is a German citizen and the marriage still persists. Now it says further that the immigration office can issue a declaration that confirms this (for this one has to make a joint statement that the marriage persists) which can be necessary for traveling back to Germany. I quote:

"Zum Nachweis des Fortbestandes der Niederlassungserlaubnis stellt die Ausländerbehörde am Ort des letzten gewöhnlichen Aufenthalts auf Antrag eine Bescheinigung aus."

I haven't been able to get this document. I contacted the local immigration office multiple times over the last months with the request to issue this document, but I never got an answer. They also don't have a telephone service... This is pretty much in keeping with my previous experiences with the immigration office (a completely incompetent mess).

We would like to travel soon back to Germany (just for vacations).

1) Does anybody have experience in traveling to Germany in such a situation without this declaration? We would travel together, and I could of course confirm to the immigration officers at the airport that we are still married, and that therefore the Niederlassungserlaubnis is still valid. Yet German knowledge tells me that the lack of a particular paper may prevail over basic common sense [I also talked with an immigration lawyer very shortly about this. Her opinion was that she doesn't really know, that it might work, but she is not certain]. Or does anybody have some advice? I guess my chances would be worse if I try another Schengen country? I don't want to get a visa if not necessary.

2) We traveled to Germany over Christmas for a few days. Would this influence the 6 months expiry at all?

3) I don't understand the usage of this document anyways. Obviously, this document can't be valid for a long time (what if the relationship status changes?). Would I have to get a new one each time I travel? And how should this work in practice?

Thanks a lot.

Hi,

Yes since you are a German spouse your Niederlassungserlaubnis does not expire. You were supposed to contact the Ausländerbehörde of your habitual residence to issue you a certificate confirming the continued existence of your settlement permit so that you can re-enter the country without any problems. However you can still request for this certificate from the Ausländerbehörde of your last residence in Germany.

Or do as @Ticktack said, enter via a different schengen country with your spouse. It's very likely you will enter without any problem.