Non Eu National out of Germany for more than a year.

I am an Indian and have a residence card(aufenhaltstitel) for Germany which is valid until 2020 but I have been out of Germany for more than an year. I was told that your residence card gets invalid once you leave Germany for more than 180 days or once you de-register. So I went to the German Embassy to apply for the FRV but was sent back that your visa is still valid as your husband is a EU Blue card holder and you have not been de-registered, you are authorised to travel back with this visa.
The plastic card says
Art des titels
Aufenthaltserlaubnis
Anmerkungen
30

Will I be stopped at the passport control and they might say my card has been invalidated?

Anonygal23 wrote: ↑

Sat Sep 28, 2019 2:45 am

I am an Indian and have a residence card(aufenhaltstitel) for Germany which is valid until 2020 but I have been out of Germany for more than an year. I was told that your residence card gets invalid once you leave Germany for more than 180 days or once you de-register. So I went to the German Embassy to apply for the FRV but was sent back that your visa is still valid as your husband is a EU Blue card holder and you have not been de-registered, you are authorised to travel back with this visa.
The plastic card says
Art des titels
Aufenthaltserlaubnis
Anmerkungen
30

Will I be stopped at the passport control and they might say my card has been invalidated?

Hi,
From what I know, Act on the Residence section 51 (10) on EU Blue Card holder's dependants the period should be 12 months. That is to say that your residence might be revoked if you are out of EU for a year. However some other factors are also in play. For instance, your husband's continued stay in Germany and his Blue Card's validity still holds. It is unlikely to invalidate yours now as you can, technically, get a new one through him.
I am inclined to believe that the embassy is right, yet to be 100% sure, you should consult relevant authorities in Germany. Second opinion always makes decisions easier.

Hello
Thanks for your reply. The Foreign office in germany is saying the situation is a bit tricky and what the border control will do we can't say. Some of them say yes the card is within its validity period so yes I can travel while a few of them say that its been more than an year so we don't exactly know the situation. They asked to carry the mail from the embassy and travel(although its going to be a huge risk). But is it possible that border control refuse me entry? Even though my card is valid until 2020. My husband says we have not yet been de-registered. My home country consulate says that de-register yourself from Germany only then we can start with your fresh FRV application else you travel on this visa?
What are the possibility that the border control will refuse me entry? My husbands Blue card is valid until 2022.

I understand the conundrum that you are facing. You have already tried to follow the precise path yet the embassy declined to issue you a visa. You have asked the relevant authorities and they seem clueless as to what might happen. The law is also obscure in your case but I suppose there is a provision somewhere that allows the embassy to be 100% sure that you do not need a visa.
Still it is entirely your choice to go ahead or not. The worst that can happen [if your first entry in Schengen zone is Germany] is to be given a warning and since you have the embassy letter that confirmed that you did not need a visa as your card was valid - they will let you in. I don't suppose they will deny you entry (that is entirely my opinion) unless you were the primary Blue Card holder who stayed out beyond 12 months. Otherwise, just fly via any other Schengen country and transit to Germany. I would transit to Germany via another Schengen country if I was in your shoes.

Hey thanks for replying. I think I am going to land myself into huge trouble. My port of entry is Frankfurt. I booked my tickets based on the embassy because they are 100% right in almost all cases but then somehow I had a doubt that maybe stayingaway for too long might create trouble for me. So my husband went to auslanderbehorde in frankfurt and asked for their opinion and they were for most part clueless and to top it half said I can travel and the rest said its very risky. But everyone said do carry a print out of the mail you got from the embassy that is the only thing that can save us. All odds are against me and Frankfurt Airport is not the best one I have heard. And I have entered Germany through other schengen countries before but not through Frankfurt.
I am not the primary holder of the residence card, my husband is. And he has been in Germany all throught, out for maybe a few weeks and then back. And I dont hold a blue card, I have an aufenhaltstitel.

PS: The embassy didnt give me any official letter. I mailed them after I returned back home, and they replied immediately. Hope the frankfurt passport control will not disregard the mail.

Anonygal23 wrote: ↑

Sat Sep 28, 2019 2:49 pm

PS: The embassy didnt give me any official letter. I mailed them after I returned back home, and they replied immediately. Hope the frankfurt passport control will not disregard the mail.

Print the email and show the authorities ONLY when they ask about it, assuming they tell you the card is having issues of validity. Otherwise, just stand there and let them do their job. Going ahead and showing them without any prompt from them will only give a reason to create an issue. Frankfurt is very thorough but they seem to target overstaying of people with visitor visas [visa waivers and schengen visa holders - purely empirical].

I am hopeful that you will have a smooth passage and do update us on what happened. Fingers crossed