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Temporary Permit in NL w/o Losing Niederlassungserlaubnis? "

ABA-Tech

I currently hold a German permanent residence permit (Niederlassungserlaubnis) and am considering applying for a temporary residence permit in the Netherlands. However, I’m concerned about whether this could impact or invalidate my German status.


Has anyone been in a similar situation or have experience with this? Are there any legal provisions that allow me to maintain my German PR while living temporarily in the Netherlands? Any advice would be greatly appreciated!"

See also

The Working Holiday Visa for GermanyWork visas for GermanyNon-EU citizen moving from another Schengen country to GermanyAdvice from people who applied for German freelancer visaPerson on non-German EU dependent visa applying for German visit visa
TominStuttgart

The general rule is that if one leaves Germany for over a year then the Niedelassungserlaubnis is considered abandoned. One can apply for an extension for up to a couple of years if one is going to work in another Schengen or EU country with the clear intent to return and have gainful employment  lined up.


Even less thatn 12 months can be a problem if one deregisters their residence with the intent not to return. If you really want to return, then best to keep an apartment and sublet it rather than give it up and have no German address.

ABA-Tech

No, my plan is to keep my main place of residence as Germany, where my family (kids/wife) would live an son goes to Kita. But still, I haven't found anyone with such an approach so I was a bit skeptical of the move.

TominStuttgart

No, my plan is to keep my main place of residence as Germany, where my family (kids/wife) would live an son goes to Kita. But still, I haven't found anyone with such an approach so I was a bit skeptical of the move. - @ABA-Tech


If only for a limited time it should not be a problem. If it is for over a year, then it comes in question. Usually one would only pay tax in the country where they are working as that is usually their legal residence. But if maintaining a residence in Germany, then both countries might expect you to pay income tax there. To get out of paying tax in one might lead to problems with residency in the other. Germany might eventually say that your residency permit is abandoned. If going for over 12 months, you have the option to ask for permission from your local German officials at the office for foreign residents (Auslanderienwohneramt) since your plan is to work in another EU country. Having your family remain in Germany would support your intention to eventually return. But it might mean you are given a time limit. But one cannot maintain the situation indefinitely anyway. Waiting until one has problems and only then asking is likely a mistake; might mean a refusal which would have been avoided if asked in time.