living abroad with German spouse while keep my valid Daueraufenthalt-EU
Hello, so my case is like this:
I currently have a Daueraufenthalt-EU. I was living and working in Munich, but my German boyfriend moved to the USA for work two years ago. I came to the USA last September, and we got married at the end of last year. I am still living in the USA and waiting for my residency permit.
I understand that anyone holding a Daueraufenthalt-EU should not leave the EU for over 12 months unless they receive permission from the immigration office. Before December, we had not actually decided to get married, so it was not possible for me to apply for this confirmation a year earlier.
In January of this year, I sent an enquiry to the Munich immigration office to ask for more information about the 'Bescheinigung für längeren Auslandsaufenthalt', and I only received a response from them in May. They asked me to provide more information and some documents, which I did. I have not heard back from them since.
I am concerned that my Daueraufenthalt-EU may expire in September if I have not received the Bescheinigung from them by then. Or, since it is still being processed, will it still be valid?
Is there another way my husband and I could proceed without leaving the USA? I am also waiting for a residence permit here, and if I leave, I will have to start the process again from abroad.
Thank you for any help in advance.
Hello @julia77 ,
Thank you for your question.
If your Daueraufenthalt-EU holder status is not officially confirmed for a stay beyond 12 months outside the EU, the permit is at risk of expiring automatically once that period ends. The fact that the Bescheinigung is still being processed does not guarantee the permit remains valid after September unless the immigration office explicitly approves the extension before that date. In some federate states, submitting an application grant an extension until it is resolved. But you have to make an inquiry to the office in Munich to check if this apples in your case.
In your situation, the best immediate step is to follow up again with the Munich immigration office in writing, stressing the urgency and the approaching 12-month limit. You can also inform them that you are married to a German citizen and are waiting for a US residence permit, which makes travel and starting over from abroad especially difficult.
If no decision arrives in time and the permit expires, you would likely still be able to apply for a new German residence permit later from the US based on your marriage. This is a well-established legal pathway but would require a new application, likely through the German consulate.
To assess the timing, risks, and best course of action in your case, it would be advisable to consult a migration lawyer or legal advisory service. They can help clarify whether there are any grounds for preserving your current permit or what your best options are going forward.
I hope this has been helpful!
All the best!