What is the Settlement permit?
The Settlement permit offers you a permanent residence permit in Germany, which gives you many rights and freedoms. However, one of the main requirements - 60 months of compulsory pension insurance contributions - can be a hurdle.
To begin with, we will take a look at the legal basis for issuing a Settlement permit and the differences between a Settlement permit and a residence permit.
Definition and legal basis according to § 9 AufenthG
- Unlimited Residence permit: Settlement permit allows you to live and work in Germany permanently.
- §Section 9 of the Residence Act (AufenthG): According to this law, Settlement permit is issued if certain conditions are met. One of these is the payment of 60 months of compulsory pension insurance contributions.
- Exceptions: However, there are important exemptions that allow you to avoid this condition. Skilled workers and spouses can benefit from these regulations.
Difference between residence permit and Settlement permit
Before you apply for the Settlement permit , it is important to understand that it is different from the residence permit.
While the residence permit is limited in time, the Settlement permit offers you permanent security and rights in Germany, e.g:
- Unrestricted work opportunities
- Freedom of movement within the EU
- Unrestricted access to state benefits
Standard requirements for the Settlement permit
In order to obtain a Settlement permit in Germany, certain requirements must be met. Some of these requirements are essential, while others, such as the 60 months of compulsory pension insurance contributions, do not apply in certain circumstances. Let's take a closer look at the most important requirements.
60 months of compulsory pension insurance contributions
One of the main requirements for Settlement permit is proof that you have paid at least 60 months of compulsory or voluntary contributions to the statutory pension insurance scheme. This shows that your livelihood is secure in the long term. However, there are exceptions and cases in which you do not have to pay in the 60 months of pension insurance.
These exceptional cases are:
- Residence permit as a highly qualified specialist: In this case, less must be paid in 36 months or 24 months.
- Blue card: In this case, a deposit of only 21 or 27 months is required.
- Family reunification with Germans: (No proof is required here. The main thing is that the marital partnership continues to exist.
- Refugees after 3 years: As a refugee, you can obtain the Settlement permit after 3 years or 5 years without having to provide proof of pension insurance.
Sufficient language skills and integration course
Another important criterion is sufficient knowledge of the German language. Normally, a B1 language certificate is also expected when applying to Naturalization . As with the 60 months of compulsory pension insurance contributions, there are exceptions here too.
The integration course is important in accordance with Section 9 (2) sentence 8 AufenthG in order to demonstrate basic knowledge of the legal and social order and living conditions in Germany.
Other requirements (e.g. livelihood, housing, security)
In addition to pension contribution payments and language skills, there are other requirements that are decisive for the issue of the Settlement permit :
- Secured livelihood: You must prove that you are financially independent and do not claim any state benefits.
- Sufficient living space: Your living space must be large enough to provide you and your family members with an appropriate living situation.
- No danger to public safety: If you violate the law or pose a danger to public safety, you may be refused Settlement permit .
If you meet these requirements and have been in possession of a residence permit in Germany for five years (legal residence), you can apply to Foreigners' office and receive a Settlement permit .
This is how Settlement permit works without 60 months of compulsory contributions
If you are unable to complete the 60 months of pension insurance contributions, this does not mean that you cannot apply for Settlement permit . There are several exemptions that allow you to take this important step without having to prove the full contribution period. Below you can find out how these rules apply specifically to skilled workers, graduates and spouses.
Exemption for skilled workers
As a skilled worker in Germany, you may be able to obtain Settlement permit as a skilled worker under § 18c AufenthG after significantly fewer months of contributions. This applies in particular if you work in an occupational field that is recognized by Germany as particularly qualified or urgently needed.
Important prerequisites for skilled workers:
- You have completed qualified vocational training or a course of study in Germany or abroad.
- You have been working in one of the recognized specialist professions for at least three years.
- You have paid contributions to the statutory pension insurance scheme for at least 36 months (or made corresponding contributions to a private pension insurance scheme).
Settlement permit on completion of training
Have you successfully completed your vocational training or studies in Germany? Then you can benefit from even more extensive exemptions that shorten the path to Settlement permit .
Special requirements for the award to graduates:
- If you have completed vocational training in Germany, you can apply for Settlement permit after just 24 months of pension insurance contributions.
- After successfully completing your studies in Germany, the 24-month rule also applies.
Crediting of periods for spouses
Even if you have not reached 60 months yourself, you can benefit from your spouse's contribution months in accordance with Section 9 (3) AufenthG.
How does crediting work?
- Spouse regulation: If you live with your spouse in a marital partnership, it is sufficient if one spouse can provide proof of 60 months of contributions to the German pension insurance system. This can enable you to receive the Settlement permit even if you have not paid the contributions yourself.
Settlement permit without sufficient language skills (B1)
Many people fear that they will not be able to obtain the Settlement permit if they cannot provide proof of B1 level. However, there are also exceptions that allow you to obtain the Settlement permit without the formal B1 requirement. These simplifications are particularly important for people who have already been able to integrate in Germany but have not been able or allowed to attend an integration course.
No obligation to participate in the integration course
Normally, successful participation in an integration course is a central component of Settlement permit, especially when it comes to proving your language skills. However, there are situations in which you were neither obliged nor entitled to take part in such a course. In these cases, formal proof of language proficiency is not required.
Who is exempt from this obligation?
- Persons who were not entitled to participate: If you were not admitted to the integration course when your residence permit was first issued, you are exempt from the obligation.
- No obligation to attend: If you have never been obliged to attend an integration course, basic language skills may suffice.
Sufficient oral communication
Even without an official language certificate, you can still apply for Settlement permit in accordance with Section 9 (2) sentence 5 AufenthG if you are able to communicate orally in German in a simple manner. This is considered a sufficient level to get by in everyday life.
What does "simple communication" mean?
- Everyday conversations: At A1 level, you should be able to hold simple conversations in everyday life, e.g. when shopping, visiting the doctor or dealing with the authorities.
- Oral communication: The focus is on oral communication, written skills or a language certificate are not required in these cases.
Which persons are affected by this regulation?
Not everyone can benefit from this exception. There are specific groups of people who can make use of the simplified language requirements.
Who can take advantage of this scheme?
- Persons not entitled to an integration course: If you are not entitled to an integration course in accordance with § 44 Para. 3 No. 2 of the Residence Act, you can invoke this regulation.
- No obligation to attend an integration course: Persons who are not obliged to attend an integration course in accordance with Section 44a (2) No. 3 AufenthG are also covered by this exception .
- Cases of hardship: If you are unable to meet the language requirements due to physical, mental or psychological limitations, proof of language proficiency will not be required.
Further options for the issue of a Settlement permit
In addition to the well-known standard requirements, there are other ways in which you can obtain the Settlement permit - even if you do not meet certain requirements such as pension insurance contributions or language skills.
Exceptions are made in special cases to make it easier to obtain the permit. Let's take a look at the options for hardship cases, spouses and the self-employed.
Hardship cases and special circumstances
In certain situations in which it is not possible for you to meet the regular requirements due to personal circumstances, the Residence Act provides for hardship regulations. These allow you to obtain the Settlement permit despite not meeting the requirements.
When is a case of hardship recognized?
- Illness or disability: If you are unable to fulfill the 60 months of pension contributions or the language requirements for physical, mental or psychological reasons, these requirements will be waived.
- Particularly stressful family situations: Family or economic hardship can also be considered a reason for an exemption, e.g. if you have to look after a sick family member and are therefore unable to fulfill certain conditions.
Proof of pension by the spouse
If you have not been able to make the required 60 months of pension insurance contributions yourself, your spouse can also provide proof. This is a frequently used option for married couples to obtain a joint Settlement permit .
How does it work?
- Spouse regulation: If you live in a marital partnership, it is sufficient for one spouse to provide evidence of 60 months of pension contributions.
- Secured means of subsistence: In a married partnership, the earning spouse can also provide evidence of secured means of subsistence.
This arrangement is particularly advantageous for couples where one partner was temporarily not in employment or was raising children, for example. This means you can still receive Settlement permit together.
Special features for the self-employed and entrepreneurs
Special rules apply to the self-employed and entrepreneurs when it comes to Settlement permit . As the self-employed often do not pay regular contributions into the statutory pension insurance scheme, there are alternative forms of proof that can be accepted.
Which proofs are accepted:
- Private pension insurance: If you have paid into a private pension insurance or a pension scheme, these contributions can be taken into account instead of the statutory pension insurance.
Settlement permit apply for
Conclusion on Settlement permit without 60 months of compulsory contributions
The Settlement permit can also be reached without the 60 months of pension insurance contributions if you take into account the various exemptions and special cases. Here we have summarized the most important points for you and give you recommendations
Summary of the most important points
- 60 months of contributions as a basic principle: The standard requirement, with no exceptions, is proof of 60 months of contributions to the statutory pension insurance scheme.
- Skilled workers and graduates: Receive the Settlement permit after just 24 or 36 months of contribution payments.
- Spouse regulation: Contributions of the spouse can be taken into account.
- Cases of hardship and special circumstances: Exemption from the requirements in the event of illness or family hardship.
- Self-employed persons: Can provide evidence of private pension insurance or financial security.
Recommendations at Settlement permit without 60 months of compulsory contributions
- Check whether you can benefit from one of the exemptions.
- Gather all the necessary evidence in good time (e.g. proof of pension or income).
- If you are unsure, seek advice from a specialist lawyer in order to submit the application successfully and smoothly.
FAQ - The most frequently asked questions about Settlement permit without 60 months of compulsory contributions
As a rule, you must pay into the statutory pension insurance scheme for 60 months in order to receive the Settlement permit . However, there are exceptions that shorten this period.
Yes, under certain conditions you can also receive Settlement permit without 60 months of compulsory contributions, e.g. as a skilled worker, graduate or by crediting your spouse's contributions.
In addition to statutory pension insurance contributions, voluntary contributions, private pension insurance or corresponding contributions to pension schemes are also accepted.
Yes, if you live in a marital partnership, the 60 months of compulsory contributions can also be proven by the spouse.
Yes, skilled workers with certain qualifications can obtain a permanent residence permit after just 3 years if they meet the other requirements.
As a rule, you must have lived in Germany for at least 5 years and have a residence permit in order to apply for Settlement permit .
