I have an Aufenshaltstitel valid till 2020 September (Aufenhaltserlaubnis) (Familienangehoriger), (Anmerkungen §28 Abs.1 s. 1 Nr.1) is what it says on my card.

I have been out of Germany for more than 6 months and recently when I spoke to the Auslanderbehorde they said my card is invalid as I stayed out of Germany for more than 6 months :O ....

What should be my next step to go back to Germany.

My wife who is a German by birth and I are both in my home country right now.


1 Answer 1


Your residence permit was issued based on §28 (1)(1) AufenthG.

  • Spouse of a German citizen that resides in Germany

If you and your German spouse no longer reside in Germany, then the residence permit expires automatically, since the conditions it was issued against are no longer fullfilled.

Only if your spouse remained in Germany and/or you applied for an exception of the 6 month rule before leaving (need 12 months to take care of parents), would the residence permit had remained valid.

Once this condition is again fulfilled, a new residence permit will be issued.

You should contact the local German embassy / consulate, which will probably issue a D-Visa based on §28 (1)(1) AufenthG.

Section 28 AufenthG
Subsequent immigration of dependants to join a German national

  • (1) The temporary residence permit shall be granted to the foreign
    1. spouse of a German,
    2. minor, unmarried child of a German,
    3. parent of a minor, unmarried German for the purpose of care and custody

if the German’s habitual residence is in the federal territory.


  • I appreciate your fast reply and thank you for your time, Also I would rate your answer the 5-star solution for anyone in the same situation as me, I have written to the embassy and now waiting for a reply.
    – User8
    May 10, 2020 at 16:10

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