Ruling: Residence permit does not expire due to errors in advice from the immigration authorities

Many foreign nationals live with the justified concern that a longer stay abroad could automatically lead to the loss of their residence permit (see our VISAGUARD article on the expiration of residence permits pursuant to Section 51 Paragraph 1 of the German Residence Act). Indeed, the Residence Act stipulates that a residence permit generally expires if a person stays outside Germany for more than six months . But what happens if this exceeding of the deadline is attributable not to the individual concerned, but to a serious error on the part of the authorities ? The Higher Administrative Court of Bremen has issued an important and practically relevant ruling on this matter ( Higher Administrative Court of Bremen, decision of February 7, 2025 (Case No. 2 B 386/24 )).

The standard legal procedure is clear: According to Section 51 Paragraph 1 Number 7 of the German Residence Act (AufenthG) , a residence permit automatically expires if the person concerned stays abroad for more than six months without having previously applied for an extension (so-called certificate of continued validity). In practice, this regulation repeatedly leads to significant problems – for example, after family emergencies, illness, or unforeseen travel extensions.

Six months abroad – and still no expiry date?

In the case at hand, an applicant lost her German physical residence card ( eAT ) while abroad . She contacted the German embassy or consulate and applied for a visa to return to Germany. This is precisely where the chain of bureaucratic errors began: the responsible immigration authority should have recognized that no visa was required for re-entry, as the applicant had only lost the physical card. However, the applicant was not informed of this. Even more seriously, the immigration authority refused to authorize the German embassy to issue a national visa . This effectively blocked the applicant's return to Germany, resulting in the six-month deadline being exceeded.

Bad faith conduct and errors in advice by the authority

In its decision of February 7, 2025 (Case No. 2 B 386/24), the Higher Administrative Court of Bremen clarified that in such exceptional cases, authorities may not invoke the expiration of a deadline if they have prevented its observance through their own misconduct . The error committed by the immigration authority was classified as "serious" and "utterly incomprehensible." Consequently, the applicant's residence permit could not be revoked, even though she had in fact been abroad for more than six months.

This decision is of great importance to many people residing abroad who find themselves entangled in complex bureaucratic processes. If a missed deadline is not due to the individual's own fault , but rather to faulty or omitted advice from the authorities, this can, in individual cases, protect them from losing their residence permit. Crucially, however, the error by the authorities must be clearly documented and legally investigated.

Seek advice early on. Expiry of residence permit

From a legal perspective, this case demonstrates once again how important it is not to rely solely on informal information when facing problems abroad . Especially in cases of lost residence permits, visa applications, or impending deadlines, legal advice should be sought early on. Often, serious consequences can be avoided in advance if there is clarity about the actual legal options available.

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• Court rulings in migration law