0

I am a third country national. I lived in Germany for 3.5 years. At that time, I was an employee (with an employment contract) at a research institute. Also the research worked allowed me to get a PhD degree in Germany. Based on the current law, my time in Germany + a German degree qualifies me for German PR. At that time, I had a simple work visa (Aufenthaltstitel).

However, after that time in Germany, I moved to Austria for job. I live right on the border with Germany, so living in Germany and working in Austria is not a big deal. However, the authorities at that time said without PR it wont be possible. Therefore, I moved to Austria and I have been working here for 2 years.

As my girlfriend (who is third country national, but will get German citizenship in a year) lives in Germany, we are thinking if I can stay with her on German side and keep working in Austria.

So this brings me to following questions:

  1. If I move back to Germany, while keeping the Austrian job, do my previous years in Germany count and give me a PR directly?
  2. If that does not work, can I still get German residence permit and still work in Austria? Here it does not say that I need to have a job in Germany: https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html

My aim is to get a Permanent Residence Permit or EU-Long Term residence permit and eventually get citizenship of a EU country (I am considering Austria or Germany due to my previous stays in these countries. However, getting citizenship of Germany is easier and faster.)

Improve this question
4
  • Do you mean a Niederlassungserlaubnis under § 18c?
    – Relaxed
    Commented May 27 at 17:11
  • It could be easier the other way around: For your girlfriend to become German and then come to live with you in Austria.
    – Relaxed
    Commented May 27 at 17:32
  • Yes for the PR I meant Niederlassungserlaubnis. Btw thanks a lot for your answer below, it does support the interpretation I had in mind.
    – vitesh shah
    Commented May 28 at 18:56
  • Yes but under § 18c or § 9? I am guessing § 18c based on the timeframe you mentioned but a link to the entire statute in English too broad Why do you think a job in Germany is not required? I can look up the text myself but a reference to the actual section would be useful.
    – Relaxed
    Commented May 28 at 19:36

1 Answer 1

Reset to default
0

If I move back to Germany, while keeping the Austrian job, do my previous years in Germany count and give me a PR directly?

Both § 9 and § 18c use the word seit (since). The English translation is not as clear cut and I am not familiar with any relevant case law but that does suggest holding a residence permit for an uninterrupted period of time immediately before your application.

Also compare that with the requirements for contributions to the statutory pension insurance scheme (which are phrased differently) and the rules around stays outside Germany in § 9 and § 9b. It seems quite clear that not all stays in the past are meant to count towards permanent residence requirements.

Not only that but in § 18c at least, there is in fact a requirement to have a job fulfilling certain requirements, which implicitly means a job in Germany. The residence permit also needs to be based on §§ 18a, 18b, 18d or § 18g, which presumably won't be the case if you have a job in Austria.

And if you want to get a Niederlassungserlaubnis under § 9 then you would not benefit from any of reduced delays for skilled workers or people who completed a degree in Germany. You are back to the regular requirements (5 years of residence and 60 months of contributions).

If that does not work, can I still get German residence permit and still work in Austria? Here it does not say that I need to have a job in Germany: https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html

What residence permit would you be looking at? One route would be the family reunion route, which indeed doesn't require a job in Germany. On the other hand, skilled workers permit do effectively require a job in Germany.

Family reunion is easier if you are married. You also need to figure out what the requirements are to be allowed to work in Austria if you don't reside there anymore.

EU long-term residency rules are separate but here as well, a two-year interruption means you're starting from scratch.

Improve this answer
2
  • In the case, where my previous stays do not count, then I was looking at normal residence permit "Aufenthaltstitel". My idea there was (if I was still allowed to keep current job), I get the normal residence permit, then use the fact that my German is C1 + my degree from Germany to get quicker Niederlassungserlaubnis. However, that also doesnt seem to be working according to the answer.
    – vitesh shah
    Commented May 28 at 19:03
  • Aufenthaltstitel is not any specific permit, regular or otherwise. A Niederlassungserlaubnis is an Aufenthaltstitel as is a Blue Card so I am not sure what you have in mind. But only permits for skilled workers come with the lower residence requirements, that's why I make a distinction between § 18c and § 9. Trying to think in terms of sections in the law rather than vague document names might help.
    – Relaxed
    Commented May 28 at 19:43

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Not the answer you're looking for? Browse other questions tagged or ask your own question.