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I am a non-eu citizen on a spouse temporary visa for Germany. I have been admitted into a Masters course in Italy and need to apply for my visa to start the semester online in September. I won't be physically moving to Italy until February so need to maintain my German visa until then at least. Simply applying and getting the student visa for Italy won't automatically cancel my German visa, will it?

  • You do not need a student visa for Italy to pursue your course remotely from outside of Italy. You only need the Italian visa if you are going to be in Italy. – phoog Jun 22 at 19:13
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No, through the application itsself your German residence permit will not become invalid.

Only when you permanently leave the country (i.e. you deregister your residence in Germany and leave) does the residence permit become invalid.

The corresponding paragraph is § 51 (1)(6) AufthG

(1) The residence title shall expire in the following cases:
...
6. if the foreigner leaves the federal territory for a reason which is not of a temporary nature,
...


Sources:

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  • This seems to say that if the course of study in Italy is temporary it will be possible to retain the German residence permit throughout. Is there any guidance on when a course of study is considered temporary? As far as I know all courses of study are temporary, but sometimes they last for a long time. Is there a minimum length? – phoog Jun 22 at 19:16
  • @phoog He wrote that he is moving to Italy in February. No meantion of returning. A Masters course takes longer than a year, so a normal Titel would expire during that period. My understanding of his question is will the present title remain valid until he leaves in February despite an application for Italy. The answer to that scenario is yes. – Mark Johnson Jun 22 at 19:55
  • @phoog, the expiration of Niederlassungserlaubnis is indeed 6 months, but there are some exceptions from §51, see expatriates.stackexchange.com/a/19206/13223. However, in such cases, it is much better to apply for these exceptions before leaving Germany. – Andrey Sapegin Jul 13 at 14:36

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