Having +5 year EU PR from Austria and Migration to Germany ?

Hello Everyone,

I am new to this forum so i might be not knowing if my question is really valid to this forum. Please guid me regarding my query if you have this info.

So basically i am from india and i got 5 years EU PR ( EU daueraufenthalt) while living in Austria for +5 years and working in a company. Now i want to move to Germany for my further full time studies and want to leave my job in Austria.

So my questions are :
will i be able to hold still my EU PR after moving to Germany ?
Will i get any advantage of it while living in germany ?
Do i have to still take student visa if i study in Germany ?
can i acquire both at the same time EU PR and student visa of Germany ?

I hope to get relevant answers from your side.
Hope to hear from you all ! Thanking You

Regards,
Ashish

I understand that the EU PR status is not portable between member states - so you will have to start again in Germany.
On what basis did you obtain PR, as family member of an EU citizen?

@alterhase58, it seems that the EU daueraufenthalt is issued under a different Directive (2003/109/EC) than the one (2004/38/EC) that we usually treat of on these forums.

It looks like it is portable across most countries in the EU other than Denmark and Ireland (and the UK was exempt from this Directive too when it was a member-state). It also has different provisions for loss of the status (a 1 year absence from anywhere in the EU).

ashishmexpert wrote: ↑

Fri Sep 18, 2020 7:12 am

Hello Everyone,

I am new to this forum so i might be not knowing if my question is really valid to this forum. Please guid me regarding my query if you have this info.

So basically i am from india and i got 5 years EU PR ( EU daueraufenthalt) while living in Austria for +5 years and working in a company. Now i want to move to Germany for my further full time studies and want to leave my job in Austria.

So my questions are :
will i be able to hold still my EU PR after moving to Germany ?
Will i get any advantage of it while living in germany ?
Do i have to still take student visa if i study in Germany ?
can i acquire both at the same time EU PR and student visa of Germany ?

I hope to get relevant answers from your side.
Hope to hear from you all ! Thanking You

Regards,
Ashish

Information from the German government:

https://www.bamf.de/EN/Themen/Migration ... -node.html

Hi,

Thank you very much for your fast responses. This helped me a lot in upgrading my information. Now it is clear for me that if i completely move to Germany i have to start fresh with residence permit.
This actually really pity that moving to another EU states you cannot gain any advantage of having already EU PR from other state.

Is it also possible if i enter in my country within two years just to have a visit from Germany back, will i be able to still hold my PR or do i have to really show my permanent address in Austria ?

Regards
Ashish

We do not have much experience on these forums of immigration within the rest of the EU (outside the UK and Ireland) on the basis of anything other than a spousal visa. Therefore our answers may not be entirely accurate.

It seems that the specific type of PR that is granted under that Directive is portable across the EU as a form of ordinary residency. So you would be able to move to Germany under favourable conditions/requirements. After five years of residence in Germany, you can then apply for PR in Germany, which will cease your Austrian PR.

The key thing to remember about the EU is that while it has standardised rules, etc, it is still a Union of separate Member-states and a lot of the rules would depend on implementation by the relevant member-states.

Another way to understand your PR is that it is not an EU wide PR, but permanent residence in Austria acquired under EU law. So it is Austrian PR, but under EU law, it has a limited amount of portability to certain other EU countries.

Also keep in mind that naturalisation and citizenship are purely matters for the Member-states and you may want to look at the rules of residency as regards acquiring citizenship in the relevant member-state that you would want to settle in on a permanent basis.

You may want to use @ALKB's link and the link to the Directive in my earlier post for further research.