Hello,
I have a three-year residence permit according to the Paragraph 22 of the German Immigration Law, and I have been transferred from Afghanistan to Germany by the German government. I wanted to ask what happens after my three-year residency is over, and is it possible for the german government to not extend my residency?
My other question is, how long can I live outside of Germany without causing any problems for my residency?
Thank you in advance and waiting for your response.
Hello A ,
in general, the residence permit according to section 22 of Immigration Law can be extended for another three years, as long as the humanitarian reason for the issuance of the permit still persists (section 26 of Immigration Law). We unfortunately cannot tell you whether or not the German government will change how it rates the humanitarian and safety situation in Afghanistan in the coming years.
Apart from this, it is important that you apply for the extension before your current permit expires. Also, after five years of holding the residence permit, you will become eligible for permanent residency, as long as you fulfil other requirements. If you came to Germany as a minor (under the age of 18), the requirements differ a bit. You can read up more about the possibility of obtaining a permanent residency after §22 here (unfortunately only available in German but you can use a translator extension) https://www.nds-fluerat.org/leitfaden/24-status-bei-aufnahme-aus-dem-ausland/aufenthaltsrechtliche-situation/#_ftn10
And to your second question: in general, for holders of German residence permit, one can stay outside of Germany for maximum 6 months. If one exceeds this period, the permit will be revoked. There are few exceptions to this rule and one could also apply for a permission to stay outside of Germany for more than 6 months but this is accepted only for very specific reasons (for example taking care of an ill family member outside of Germany).
Also, please check the entry requirements of the country you want to visit. You can visit countries inside Schengen zone without a visa up to 3 months (out of 6 months period) with a German residence permit. You are not allowed to work there though. For more information about travelling with §22, please check this site, again only in German: https://www.nds-fluerat.org/leitfaden/24-status-bei-aufnahme-aus-dem-ausland/wohnen-umziehen-reisen/
Finally, it is important to note that travelling to Afghanistan with §22 might cause issues with the residence permit as immigration offices could raise questions about the safety status of the person in Afghanistan, which was the basis of the issuance of the residence permit.
I hope this was helpful for you and let us know if you have further questions.
Best wishes
Seoyoung