Entering Germany after 3 months (having a residence permit) of absense and having received a UK's residence permit

Question

I'm not an EU citizen.

The situation is:

I lived in Germany for 3 years, still registered there and have a bank account. I have a German residence permit (niederlassungserlaubnis) received after a Blue Card.

I got a job in the UK, went there and received UK's residence permit. I wasn't sure if I want to stay in the UK and now I want to go back to Germany.

Am I eligible to go back to Germany bearing in mind that I was absent in Germany less than 6 months?

The law seems to be rather vague and it is specified that if intentions of staying abroad are not permanent then you may be able to return.

Answer 1

Yes, § 51 (1) no. 7 AufenthG states that when a foreigner does not return within a period of 6 months or a longer period stipulated by the foreigner authorities, the granted residence title will be invalidated (erlischt).

So either return within 6 months or get an extension granted (in writing) to clear up your affairs in the UK.

§ 51 (1) no. 6 AufenthG does indeed imply that, but returning within a (nowadays) normal probation time and the fact that you retained your residence and account should be valid arguments against this vague paragraph, whereas § 51 (1) no. 7 AufenthG is very clear.

(Just don't tell the registry authorities that you left without 'saying goodbye'…)