EU Blue Card residence permit expired when living outside of Germany for 5 months
Dea Madam,
Dear Sir,
I'm an EU Blue Card holder in Germany. Recently Münster immigration office cancelled I and all other 3 family members' Blue Card residence permits when we have been staying outside of Germany for 5 months. I was suggested by the Bundesamt für Migration und Flüchtlinge (BAMF) to seek support and help from you to resolve the problem and claim back our residence. The back ground is as follows:
Since Jan. 2010 I've been working for company Saurer. Oct. 2019 I signed my new labor contract with our German company Saurer Technologies GmbH in Münster as senior sales manager starting from Jan. 2020. In Nov. 2019 I applied the Blue Card visa, and same time for my wife and my 2 sons. I rented also a flat starting from Jan. 2020. Middle of January 2020 I was in Müster and did the registration. Due to the Corvid-19 issue, I and my family members extended our visas and in Aug. 2020 we were in Münster to go through the admin processes including EU Blue Card residence permits. We left Germany 10 days after on 13th August . Due to the Covid issue my following trip to Germany in October was postponed and up to now I've been working from home. End of December I wrote to Müster immigration office for updating visa information and extension of the residence permits for my 2 sons. On 12th Jan. 2021 they informed me that I and my family's residence permits were all expired according to "§ 51 Abs. 1 Nr. 6 AufenthG" due to the reason we left Germany in 13th August 2020 and our living center now in Montreal/Canada is " nicht vorübergehenden ". After a few times back and forth explanation, Münster immigration office insisted on the decision to cancel our residence permits.
I've consulted in between Bundesamt für Migration und Flüchtlinge (BAMF) and got their reply on 23th January 2021. The stated that according to AufenthG § 51 (1) (10), that the Blue Card residence holders including the family members who have also the Blue Card Residence permits, are entitled to stay outside of Germany/EU countries for up to 12 months, and “no temporary purpose” can be assumed, if the foreigner gives up his accommodation and job in Germany and leaves the country with his property. As I have been working for my Muenster employer, obtaining my salaries, paying my income tax, social charges, insurance as an ordinary employee since my 1st salary in February 2020. I have also been paying my rent for the flat since January 2020 up to now. Counting from 13th August 2020 up to the date of residence cancellation it's only 5 months. During the phone call the officer in the hot-line of BAMF told me, that it was very unusual that Muenster immigration office made such decision. He suggested that I get in touch with you, the superior authority, to seek your support and help to resolve the problem. That is why I'm writing to you here.
As I have my next schedule visit to Munster beginning of March, I'm really expecting that you could take quick supporting actions on this matter as to return my residence. In case your need further information, kindly let me know.
Anfrage erfolgreich
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Datum8. Februar 2021
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10. März 2021
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