Legal basis for orientation
Understand the legal basis to avoid misunderstandings. In this section you will find the most important information about Settlement permit and relevant regulations.
Settlement permit according to § 9 AufenthG
The Settlement permit is an indefinite Residence permit permit that allows you to live and work permanently in Germany. Pursuant to Section 9 of the Residence Act, this title can only be provided with an ancillary provision under certain legally defined conditions.
Important paragraphs and provisions
Important provisions in residence law include the link between Settlement permit and the validity of your passport. If your passport expires, you only need to have a so-called passport transfer carried out without the requirements being checked again. This ensures that your residence permit remains valid as long as you comply with the necessary official steps.
Why can an indefinite Residence permit not expire?
Many people are unsure whether their Settlement permit can expire. This uncertainty is unfounded, as the Settlement permit is recorded as an indefinite Residence permit . Here you can find out why your residence permit does not expire and how it relates to your passport and the associated card.
Validity of the Settlement permit
The issue of the Settlement permit is valid indefinitely, which means that it does not expire like other Residence permit permits. This is stipulated by law and offers you the security of being able to live and work in Germany permanently.
Important facts on validity:
- Unlimited: The Settlement permit itself has no expiration date.
- Legal certainty: Once issued, it remains valid as long as there are no serious reasons that could lead to its withdrawal.
Dependence on passport and card
The validity of your Settlement permit is linked to the validity of your passport and the associated card.
Here are the main points you should bear in mind:
Binding to the passport:
- Passport expiry: When your passport expires, you must apply for a new one.
- Passport transfer: Your Settlement permit will be transferred to the new passport without the need to check the requirements again.
Validity of the card:
- Card validity: The card that documents your Settlement permit is generally valid for 10 years.
- Renewal of the card: After the card has expired, a renewal is necessary to keep the documentation of your permanent residence permit up to date.
We have summarized the most important points in a table below:
Element | Validity | Required measure |
|---|---|---|
Settlement permit | Unlimited | No extension necessary |
Passport | Period of validity of the passport | Apply for a new passport, transfer passport |
Settlement permit-Card | 10 years technical validity | Renewal of the card after expiry |
Passport transfer - What you need to know
If your passport has expired, you don't need to worry about your residence permit. Transferring your passport is a straightforward process and no new requirements will be checked. Here are the steps and important information you need to know.
Steps for passport transfer
The passport transfer is done in a few simple steps. Here is a detailed overview:
- Book an appointment: Make an appointment with your local Foreigners' office.
- Present your new passport: Bring your new passport to the appointment and present it.
- Fingerprints and signature: Your fingerprints will be taken and you will be required to provide a signature.
- Pay the fee: Pay the fee of 67€ for the passport transfer.
- Collect your new card: You can pick up your new Settlement permit card after about 6 weeks.
Necessary documents and procedures
To transfer your passport, you need the following documents and have to go through certain procedures:
Required documents:
- New passport
- Old Settlement permit-card
- Biometric photo (if required)
Procedure:
- Data recording: No prerequisites will be checked again at your appointment, only your current data will be recorded.
- Fingerprints and signature: Your fingerprints will be scanned and you will be required to provide a signature.
No re-examination of the requirements
When you transfer your passport, your residence requirements will not be checked again. This means that the process is simple and straightforward. All you have to do is present the new passport and pay the fee.
The greatest difficulty in obtaining a passport is that some embassies do not issue new passports (for example, the Afghan embassy). The step-by-step model for Clarification of identity is important. Here, alternative identity options such as a birth certificate, marriage certificate, driving license or witness statement are checked step by step.
If the Clarification of identity is not possible despite the attempts, you must then prove through a lawyer who accompanies you that you have tried to obtain a passport in the form of a passport replacement but that this is objectively impossible or subjectively unreasonable.
Effects of an expired passport or card
What happens if your passport or Settlement permit card has expired? Here is the most important information on the consequences and how you can continue to travel and work.
Travel without passport transfer
Even if your passport or card has expired, you can still travel. Here are the main points you should bear in mind:
Travel with an expired passport:
- You can leave the country with your valid old passport.
- Applying for a new passport in your home country
- Travel back to Germany with your old and new passport.
- Carry out the passport transfer after your re-entry to Germany.
Alternative: Apply for a fictitious certificate:
- You can apply for a fictitious certificate for the period until your card is renewed.
- This certificate allows you to stay in Germany legally and travel with a valid old passport until the new passport or card is issued.
Steps for traveling without passport transfer:
- Leave the country with your old passport: Use your valid old passport to leave Germany.
- Apply for a new passport in your home country: Apply for a new passport from the competent authority in your home country.
- Enter with old and new passport: Present both passports when returning to Germany.
- Transfer your passport in Germany: Make an appointment at Foreigners' office and carry out the passport transfer.
Working without passport transfer
You can continue to work in Germany even without a current passport transfer. Here is the essential information:
Labor law provisions:
- Your Settlement permit remains valid even if the passport or card has expired.
- Inform your employer about the status of your passport transfer.
Steps to ensure the ability to work:
- Retain your work permit: Your work permit will remain valid as long as the Settlement permit is valid.
- Documentation: Keep copies of your old passport and Settlement permit card so that you can provide proof if required.
Frequent misunderstandings and clarification
There are many misunderstandings surrounding permanent Residence permit. Here we clarify the most common myths and give you important tips to avoid misunderstandings.
Myth Residence permit and validity
A common misconception is that the Settlement permit can expire. In fact, the Settlement permit is valid indefinitely. Here are the facts:
- Unlimited validity: Once issued, the Settlement permit does not expire.
- Binding to the passport: The validity is bound to the validity of your passport, not to the permit itself.
- Renewal of the card: The card documenting the Settlement permit must be renewed after 10 years, not the permit itself.
Misunderstandings and clarifications
There are some misconceptions about the rights and obligations associated with an expired passport or card. Here we clear up the misunderstandings:
Myth 1: Re-examination of the requirements
Clarification: No new requirements are checked when you transfer your passport. Only your current data will be recorded and the new card issued.
Myth 2: Loss of work permit
- Clarification: Your work permit remains valid as long as the Settlement permit is valid. Simply inform your employer about the status of your passport transfer.
Myth 3: Travel restrictions
- Clarification: A passport must always be available. What is important: Your passport must be valid. You can then travel and re-enter the country with a new passport. If your card has expired, you can also have a fictitious certificate issued. This is then valid for your unlimited Residence permit with the old passport.
Summary of the clarifications in bullet points:
- No re-examination of the requirements for passport transfer
- Work permit remains valid
- Traveling with an expired old passport and applying for a new passport in your home country
For your overview, here is a table on the myth and fact of the permanent residence permit:
Myth | Fact |
|---|---|
The Settlement permit expires | The Settlement permit is open-ended |
The permit must be renewed regularly | Only the card must be renewed every 10 years |
Clarification of misunderstandings and legal issues
Inform yourself in good time:
- Clarify any uncertainties about the validity of your Settlement permit.
- Use trustworthy sources such as Foreigners' office or legal advice.
- It is very important to apply for a new passport at your embassy or in your home country in good time. Don't waste any time!
Early appointment for passport transfer
Why book early?
- Avoid stress and potential legal problems by booking an appointment early at Foreigners' office .
- Reliable planning ensures that all necessary steps are carried out on time.
Here is a table of common misunderstandings and clarifications for you
Misunderstanding | Clarification |
|---|---|
The Settlement permit expires | The Settlement permit is valid indefinitely |
New requirements must be met | No new requirements are checked |
Work and travel restrictions with expired Settlement permit | You can work with a valid passport, but you are obliged to cooperate. You cannot travel without a valid passport. You can apply for a fictitious certificate for the expired Settlement permit card |
Unlimited Residence permit, what now?
Conclusion on the subject of expired Settlement permit
Summary of the most important points
The validity of Settlement permit and the associated processes can be confusing.
Here we summarize the most important points so that you are well informed and know how to proceed:
Unlimited validity
- Your Settlement permit is unlimited and does not expire.
- The validity is linked to your passport.
Renewal of the card
- The card that documents your Settlement permit must be renewed every 10 years.
- This does not apply to the permit itself, but only to the documentation.
No loss of rights
- Even with an expired passport or card, you retain your rights in Germany.
- Inform your employer and use a fictitious certificate if necessary.
Important measures
- Book an appointment early.
- Have the required documents ready.
- Passport transfer without re-examination of the requirements.
- Pick up new card after 6 weeks.
FAQ - The most important questions about expired permanent residence permits
Anyone who now applies for Naturalization in Germany can have dual citizenship. The current Naturalization Actwhich came into force on June 27, 2024, allows multiple citizenships. It is important that you meet the requirements for Naturalization in Germany. Your home country should also allow dual citizenship.
To apply for dual citizenship, you must submit an submit an application to the relevant naturalization authority and submit all the necessary documents to Naturalization in accordance with § 10 StAG must be submitted. It may also be helpful to seek the assistance of a lawyer.
By belonging to several countries you may live and work in these countrieshave unrestricted access to education and healthcare as well as the opportunity to acquire property. You benefit from visa facilitation, extended freedom to travel and the opportunity to exercise your political rights.
Countries like Germany, the USA, Canada, Italy, the Philippines and Turkey allow dual citizenship. In Germany, citizens of all countries can in principle have dual citizenship as long as the laws of their home country allow it.
As a rule, dual citizenship is not possible with countries that do not recognize dual citizenship themselves or have strict regulations against it. Examples of this are: China, Japan, Austria, the Netherlands, Senegal.
Due to your multiple citizenship, you are generally obliged to pay taxes and perform military service in to pay taxes and perform military service in these countries. Stricter controls in these countries are also possible.
