What is § 18c AufenthG?
If you have received or wish to receive a Settlement permit for skilled workers, you have generally already been working as a skilled worker in Germany for a longer period of time. There are a few exceptions to this rule. In principle, however, most people with a Residence permit 18c AufenthG have previously had a Residence permit as a skilled worker and then switch to Settlement permit § 18c AufenthG.
The reasons for Settlement permit for specialists
Many of the applicants had either a Residence permit Blue Card in accordance with Section 18b AufenthG or a Residence permit Blue Card Germany in accordance with Section 18g AufenthG. The background to the Blue Card lies in a project of the EU member states from the year 2000. The aim of the so-called Lisbon Strategy was to make the EU more economically attractive and thus combat the creeping shortage of skilled workers in many EU states. Over the years, the strategy was adapted and the Residence permit Blue Card and EU Blue Card developed from this.
Who receives § 18c AufenthG?
People who work as skilled workers in Germany and have been in Germany for three years with a Residence permit 18 para. 3 no. 1 and 18 para. 3 no. 2, 18a, 18b, 18d or 18g (now with the Skilled Immigration Act, formerly 18b para. 2) AufenthG are granted Residence permit § 18c AufenthG. In addition, highly qualified skilled workers with an academic education can be granted this Settlement permit in exceptional cases if they have a positive integration prognosis.
The variants of § 18c AufenthG
§ Section 18c (1) AufenthG: Settlement permit for skilled workers
- Requirements: At least 3 years of employment in Germany under the residence titles 18a, 18g, 18b, or 18d.
- Proof required: employment as a skilled worker, 36 months of voluntary contributions to pension insurance, fulfill the requirements for the granting of Settlement permit § 9 paragraph 2 sentence 2 AufenthG.
- Exceptions: In the case of pension insurance and proof of residence if you have successfully completed vocational training or studies in Germany.
§ Section 18c (2) AufenthG: Facilitations for holders of an EU Blue Card
- Basic requirement: No proof of 36 months of pension contributions required.
- Simplification: 27 months of contributions and stay are sufficient; with B1 language certificate, reduction to 21 months possible.
§ Section 18c (3) AufenthG: Settlement permit for highly qualified skilled workers
- Special feature: Settlement permit without the approval of the Federal Employment Agency if integration is assured and there is no danger to the Federal Republic of Germany.
- Target group: Highly qualified people with an academic background, e.g. scientists or teachers in management positions.
- Facilitation by the state government: possibility of approval by the highest state authority.
Requirements for § 18c AufenthG
In order to obtain the Settlement permit in accordance with § 18c AufenthG, applicants must fulfill various requirements, which may vary depending on their individual background and professional situation. These requirements are fundamental to the assessment of your suitability and include
Membership of the authorized group of persons:
- Skilled workers with specific residence permits (Section 18 (3) No. 1 and No. 2, 18a, 18b, 18d, 18g AufenthG)
- Highly qualified specialists
Proof of work:
- Employment contract stating that you will be employed for at least 6 months in accordance with § 18c AufenthG
- Proof of salary (last 12 months, or 3 months for EU Blue Card holders)
Further important evidence:
- Proof of residence (rental agreement or purchase contract)
- German language skills (at least A1 level)
- Proof of livelihood for themselves and their family without state aid
- Naturalization test (proof of basic knowledge of the German legal and social order)
- Proof of pension insurance contributions (duration varies depending on Residence permit)
Necessary documents for § 18c AufenthG
There are different versions of § 18c AufenthG. There are different conditions for each version of § 18c AufenthG and accordingly you must provide different documents to Foreigners' office for the application. The orientation is that the requirements of Section 9 (2) sentence 1 numbers 2 and 4 to 6 8 and 9 of the Residence Act are always met, which sets out the basic requirements for Settlement permit .
The respective documents for the variants are summarized here. If you can present these conditions, you can obtain a Settlement permit :
§ Section 18c (1) AufenthG:
- Pension insurance contributions: 36 months (24 months for German training/studies)
- Residence: 3 years with § 18a/b/d/g (2 years with German education/studies)
- Employment contract
- 12 Salary statements
- Proof of livelihood
- Proof of residence
- Proof of identity
- Language certificate A1
- Naturalization test
- Application form
§ Section 18c (2) AufenthG:
- 27 months of compulsory or voluntary pension insurance contributions (21 months with B1 certificate)
- Residence: 27 months with EU Blue Card (21 months with B1 certificate)
- Employment contract
- 12 Salary statements
- Proof of livelihood
- Proof of residence
- Proof of identity
- Language certificate A1 or B1
- Naturalization test
- Application form
§ Section 18c (3) AufenthG:
- Qualification as a highly qualified specialist
- 2 years of professional experience
- Expectation of integration (through employment contract/self-employment)
- Living without state aid
- Proof of residence
- Proof of identity
- Knowledge of the German language
- Application form
- No minimum stay required (for highly qualified specialists)
Naturalization with § 18c AufenthG?
The situation with possession of § 18c AufenthG
If the Settlement permit is granted in accordance with Section 18c AufenthG, it offers a number of advantages. The advantages concern family reunification, travel, but also the application for a Settlement permit for the spouse and the application for the Naturalization. Below you can see why the Settlement permit is very popular for skilled workers.
Advantages with § 18c AufenthG
One major advantage of § 18c AufenthG is that family reunification is easier. Securing a livelihood is already a prerequisite for the granting of § 18c AufenthG. At the same time, proof of livelihood and an employment relationship is a decisive advantage for family reunification. These documents make the application process much easier for you and demonstrate your ability to provide for yourself and your family. This will also make your application easier and the family reunification process will be quick and uncomplicated.
Another plus point is traveling with § 18c AufenthG. It is uncomplicated, similar to other settlement permits. Short stays of up to six months are possible without any problems, while longer stays require prior notification to Foreigners' office . When applying to Naturalization , you also benefit from the already fulfilled requirements of Section 18c AufenthG, which significantly simplifies the process and saves time when obtaining documents.
- Easier family reunification with § 18c AufenthG through proof of a secure livelihood and an employment relationship.
- Travel is uncomplicated with § 18c AufenthG, similar to other settlement permits, with the possibility of short stays of up to six months.
- The naturalization process is simplified by the requirements already fulfilled for § 18c AufenthG, which saves time in obtaining documents.
Settlement permit for spouses of § 18c AufenthG
If you are in possession of a Settlement permit in accordance with § 18c AufenthG, you can also apply for such a Settlement permit for your spouse under certain conditions. Proof of marriage or family cohabitation is required. A further condition is that your spouse has been legally resident in Germany for 3 years and can present a B1 language certificate and a successful naturalization test (Test Leben in Deutschland). The legal basis is § 9 Para. 3a AufenthG.
Revocation/withdrawal of § 18c AufenthG
According to § 51 AufenthG, it is possible to revoke Settlement permit if, for example, the conditions for which you were granted the right of residence as a holder of a residence permit under § 18c AufenthG no longer apply.
If you stay outside Germany with your Settlement permit for longer than the specified 6 months, it is important that you report this to Foreigners' office . If you do not report this to the authorities, your permit will only be revoked if there is an interest in deportation in accordance with § 54 Para. 1 No. 2-5 or Para. 2 No. 1-7. These are serious criminal offenses, incitement to hatred or violation of the free democratic basic order.
Longer absence with § 18c AufenthG
An absence longer than 6 months without notifying Foreigners' office is not possible with a Settlement permit 18c AufenthG. This will result in the Settlement permit expiring. For this reason, it is very important that you communicate this to the responsible Foreigners' office in advance of a longer absence.
If you have already been living legally in Germany for 15 years or are in possession of EU permanent residence and have reached the age of 60, a twelve-month period is possible instead of the six-month period in accordance with Section 51 (10) sentence 2 AufenthG.
The step to Naturalization with § 18c AufenthG
Your path to Naturalization with § 18c AufenthG is simple. With your Settlement permit for skilled workers, you already have some of the requirements that are also necessary for applying for Naturalization . This makes the application process easier for you and saves you a lot of time.
Application procedure with § 18c AufenthG
After receiving the Settlement permit in accordance with § 18c AufenthG, it is advisable to apply for Naturalization immediately, especially since the naturalization conditions are expected to be further simplified with the new Naturalization Act in summer 2024.
Start by collecting all the necessary documents and make an appointment at Foreigners' office to initiate the naturalization procedure. After completing the application form and submitting all documents, the Immigration Office has 12 weeks to process the application. If necessary, submit a Lawsuit for failure of act. Once your application has been successfully examined, you will receive the naturalization certificate that makes you a German citizen.
Documents and proof required with § 18c AufenthG
With the naturalization test, language certificate B1, proof of livelihood and Clarification of identity , you already have almost all the documents you need. All you need is a signed declaration of loyalty with a commitment to the free democratic basic order, proof that you have no relevant criminal convictions and proof of the necessary legal residence.
With the new Naturalization Act from the summer, you can apply for Naturalization after 3 years with special integration achievements. This includes voluntary work or proof of a C1 German language certificate. Otherwise, Naturalization will be possible for you after 5 years with the new law from the summer instead of the previous 8 years.
Summary
Settlement permit in accordance with Section 18c AufenthG is a very complex topic. We have summarized the most important points for you here:
- Residence permit Section 18c AufenthG is a Settlement permit for skilled workers. The Residence permit has three different versions: Sec. 18c (1) AufenthG, Sec. 18c (2) AufenthG and Sec. 18c (3) AufenthG.
- Holders of the right of residence § 18 Para.3 No.1 and 18 Para.3 No.2, 18a, §18b, §18d and §18g AufenthG can apply for Settlement permit 18c Para.1 AufenthG if they have lived in Germany for 3 years with these residence permits and meet various requirements.
- If you have completed German vocational training or a German degree, you can apply for Settlement permit 18c (1) AufenthG after just 24 months and only have to provide evidence of 24 months of payments into the pension system.
- Holders of an EU Blue Card (18g AufenthG) can apply for Settlement permit after just 27 months in accordance with Section 18c (2) AufenthG and require an A1 language certificate. With a B1 language certificate, holders of an EU Blue Card can also apply after 21 months and only need to have paid into the pension system for 21 months.
- Highly qualified specialists with an academic education can apply for Settlement permit in accordance with Section 18c (3) without a 3-year stay. This includes teaching staff and academic staff with a prominent function or academic staff with special specialist knowledge.
- With Settlement permit § 18c AufenthG an application for Naturalization is easier. Many of the conditions for Naturalization are already included. This saves time.
Do you still have questions?
FAQ - The most important questions and answers on Section 18c AufenthG
§ Section 18c AufenthG is a Settlement permit for skilled workers. The Residence permit has three different versions: Section 18c (1) AufenthG, Section 18c (2) AufenthG and Section 18c (3) AufenthG.
Skilled workers who previously had Residence permit 18a AufenthG, 18b AufenthG, 18d AufenthG, 18f AufenthG or 18 Para.3 No.1 and 18 Para.3 No.2 can apply for Settlement permit § 18c AufenthG. In addition, a highly qualified skilled worker with an academic qualification (degree) can also apply for Settlement permit 18c AufenthG in accordance with Section 18c (3).
You can obtain the Residence permit § 18c AufenthG under different conditions. According to Section 18c (1) AufenthG, you can obtain the permit if you have lived in Germany for three years as a skilled worker with a Residence permit , have paid into the pension system for 36 months and have an employment contract. According to Section 18c (2), you can obtain Settlement permit if you have previously held an Residence permit EU Blue Card (18g AufenthG). Highly qualified skilled workers can apply in accordance with Section 18c (3) AufenthG.
Naturalization with § 18c AufenthG is easier than with many other residence permits. The reason for this is that you already have many of the requirements from your Settlement permit in accordance with § 18c AufenthG and can save time organizing the documents.
Family reunification with § 18c AufenthG is uncomplicated. By securing your livelihood and having an employment contract, you meet important conditions that simplify the application for family reunification. Family reunification is therefore easy for you to apply for.
Traveling with § 18c AufenthG is possible for 6 months without any problems, whether inside or outside the EU. If you are absent for longer than 6 months, you must inform Foreigners' office , as your Settlement permit will expire if you do not notify them.
