My wife is a pregnant (now in 6th month) and she wants to stay in India for almost 10 months (for delivery, visa for baby too), I want to know is there any article number that allows the blue card dependent to stay abroad for more than six months?

I asked the Ausländeramt they said it is not allowed for more than six months but I read in many blogs that blue card dependents are allowed maximum of 12 months. I would like to know about an article number that existed that allows to stay abroad for more than six months.

  • 1
    Yes, this is correct, the limit is 12 months for Blue card holders and their dependents. The relevant reference is § 51 Abs. 10 Aufenthaltsgesetz, see buzer.de/gesetz/4752/a65988.htm – Relaxed May 18 at 13:06

The limit for Blue card holders and their dependents is indeed 12 months instead of 6. The relevant reference is § 51 Abs. 10 Aufenthaltsgesetz, see http://buzer.de/gesetz/4752/a65988.htm

Additionally, the Ausländeramt even has some discretion to grant a permission to stay abroad for longer period of times in other cases so it's disappointing they would suggest that you are not allowed to do so.

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  • 2
    §51 (1)(7) AufthG does allow the foreigners authority to set a longer period. – Mark Johnson May 18 at 16:31
  • @MarkJohnson Indeed but § 51 Abs. 4 qualifies that a little (in particular by suggesting it's mostly intended of Niederlassungserlaubnis holders) and § 51 Abs. 10 is stronger so I would simply rely on that. – Relaxed May 18 at 16:34
  • For this case yes, but for others, this should be granted by the foreigners authority due to the given reason. – Mark Johnson May 18 at 16:41
  • (4) states: A longer period shall generally be granted... to holders possession of a permanent settlement permit. (basicly for any reason) For others, it can be granted for important, humanitarian, reasons. – Mark Johnson May 18 at 16:57
  • @MarkJohnson Maybe, I am not familiar enough with current practice to judge but it's not obvious when reading the text. It's not safe over-interpreting a translation, “wird in der Regel” sounds weaker to me. The only reason for an authorization by the Ausländerbehörde explicitly mentioned is the one in § 51 Abs. 4, the other exceptions are implicit (no authorization needed). I imagine such an authorization could also be granted in exceptional cases (that's what I meant by “mostly intended”) but that's a very weak thread to hang on. – Relaxed May 18 at 17:18

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