Permanent residence permit in Germany and temporal in UK

Greetings everyone,

I am not an EU citizen and not a citizent of UK. However, I do have a permanent residence permit for Germany and recently, since I switched my jobs, I have a limited residence permit (2 years) for UK.

If I keep my apartment in Germany, I should be able to keep my residence permit in Germany and the one in UK (it makes sense, because I would travel to Germany a lot).

However, do you see any potential legal or economical threats to this? I do not wish to break any law :).

I rather doubt this. Even having an apartment that you keep doesn't change the fact you decide to physically live and work elsewhere. Germany has unlimited residency (incorrectly often referred to even by official sources as permanent) - or a settlement permit, which has more protection. An unlimited residency will usually be annulled after 6 months away. A settlement permit can allow one longer time but only under the condition that one gets such a plan approved, including the intent to return and that one will have work upon returning.

Theoretically one could trick the system and stay off and possibly have it not be discovered. Maybe. But one would still be expected to file and pay taxes and social contributions in Germany. If it's seen that one is actually working out of the country then the game is up. At best one would end up having to be taxed double to keep from being discovered. Using any tax agreements avoiding it would be a red flag that you are no longer living or working domestically. And we are not allowed to give any advice here that would support breaking any laws.

There are some EU cross border rules so that one could say work in Germany but have an accommodation across the border in the Netherlands. These would regulate taxation and such. But one is not commuting from the UK – which has now left the EU.

It is always worth double checking with the local German office for foreign residents on the rules but I strongly suspect that your Germany residency would be deemed abandoned by going away for so long.

Thank you for your answer. I do not intend on to try to go any shady way, but I was just wondering if such thing is possible, because it would be very convenient for me (often trips to Germany).

Thank you. I will check with German authorities.

Contrary to Tom, I think it isprobably legally possible to keep a German residence permit from expiring as long as one has a residence (e.g. rented apartment), is registered at that address and visits at least once every six months (for more than a trivial duration - though I cannot tell you whether one, two or six weeks is required).
For doing so, one has to not only pay rent, but also keep a German health insurance (which isn't cheap if no employer pays half of the bill) and tax one's entire world income here (with some or all of it potentially covered by bilateral tax treaties that reduce double taxation).
Sound to me like a rather expensive deal!

I can add that the OP will lose his UK residency status if he is registered anywhere else for more than 2 years after 1 Jan 2021.  That said, I have no idea how they are going to enforce that.

beppi wrote:

Contrary to Tom, I think it isprobably legally possible to keep a German residence permit from expiring as long as one has a residence (e.g. rented apartment), is registered at that address and visits at least once every six months (for more than a trivial duration - though I cannot tell you whether one, two or six weeks is required).

For doing so, one has to not only pay rent, but also keep a German health insurance (which isn't cheap if no employer pays half of the bill) and tax one's entire world income here (with some or all of it potentially covered by bilateral tax treaties that reduce double taxation).
Sound to me like a rather expensive deal!


Of course if one comes back and stays a while then they are physically present. Not sure how long is required but the idea to go off for 2 years is not going to work and like mentioned officially being gone for 6 months or more can mean a residency permit being annulled. So how does one really work if they have to return within at least 6 months and then stay, possibly as long as they stay out...

Like I said, best to talk it over with officials. If one actually has a settlement permit it sounds like they are much more flexible as long as they know the person intends to return and will have a job when doing so... Just assuming it is not a problem could lead to a bad experience. Would especially be a shame to spend the money to maintain an apartment and then still lose their residency status. If so, and they manage to get a new one, it will be starting over with a limited one for the first 3 years as far as I know.

Thank you very much for your answers. I have NHS now and a European Health Insurance card, and my insurance in Germany accepted that as enough for cancelling my incurance in Germany. Just writing that to share it with others.
I am still checking with the authorities.

e1lobo wrote:

Thank you very much for your answers. I have NHS now and a European Health Insurance card, and my insurance in Germany accepted that as enough for cancelling my incurance in Germany. Just writing that to share it with others.
I am still checking with the authorities.


Strange. Having left the EU, I understood that UK NHS coverage would no longer be included in the EU health system... I haven't gotten to read the deal they made so I cannot say for sure but this sounds contradictory on many levels.

Update: I am including 2 links below about this subject. Seems there is some continuation of such benefits but there are conditions and limits. Usually it has to do with EU citizens in the UK that stay and apply for a settlement permit. I'm still not sure from what I read there if your situation is clear. Seems you would simply be switching to NHS coverage but having it would not entitle one to any coverage in the EU. I don't see a mention of new NHS coverage including one with a European Health Card?

What makes more sense is that being covered under the NHS is a proof of UK residency, meaning one no longer needs coverage in Germany or the EU as one is no longer a resident. This would mean no financial obligations to pay in Germany but could lead to all of the consequences of having abandoned residency in Germany, which I understood you were trying to avoid...

Not doubting your word but something doesn't add up here.... Hopefully there are no misunderstandings that will come back to harm you. Maybe Cynic has something to add here since he knows much more about the UK than myself.

https://www.gov.uk/guidance/healthcare- … -in-the-ukhttps://www.thetimes.co.uk/article/scra … -50k3k8p0f

I agree with Tom: Unless there is some specifics of the post-Brexit-deal that we don't know of, you can only be covered by a foreign health insurer during visits. For residency, a German insurer is mandatory.
Your German ex-insurer probably took your NHS papers as proof not that you have a different coverage now, but that you left the country and don't need any German coverage. They are actually not allowed to terminate your coverage otherwise!