RESIDENCE ACT

§ 51 Termination of the lawfulness of residence; continued validity of restrictions

(1) The residence title shall expire in the following cases:

1. upon expiry of its period of validity,

2. upon the occurrence of an invalidating condition,

3. upon withdrawal of the residence title,

4. upon revocation of the residence title,

5. upon expulsion of the foreigner,

5a. announcement of a deportation order pursuant to Section 58a,

6. if the foreigner leaves the Federal territory for a reason which is not of a temporary nature,

7. if the foreigner leaves the Federal territory and fails to re-enter the Federal territory within six months or within a longer period set by the foreigners authority,

8. if a foreigner files an application for asylum following the granting of a residence title pursuant to Sections 22, 23 or 25 (3) to (5);

a visa issued for several entries or with a period of validity in excess of three months shall not expire in accordance with numbers 6 and 7 above.

(9) The EC long-term residence permit shall expire only if … the foreigner is resident for a period of twelve consecutive months outside of the area in which the legal status of a long-term resident can be acquired; the timeframe is 24months after another for a foreigner who was owning a EU blue card before and the same with his family members who had a residence permit after sections 30,32,33 or 36. …

(10) Differing from paragraph 1 number 7 the deadline for the EU blue card and the permission for staying after sections 30, 32, 33 or 36 is 12 months for the family members of an owner of the EU blue card.