Significance of the Settlement permit
The Settlement permit in Germany is a coveted Residence permit that offers numerous benefits. But what requirements do you need to fulfill to obtain this permanent Residence permit ? In this section, we explain the most important basics and differences.
Basics of § 9 AufenthG
According to § 9 AufenthG, the issue of a Settlement permit is an indefinite Residence permit residence permit that grants you a permanent right of residence in Germany.
However, Settlement permit is only granted to you under certain conditions:
- Five-year residence permit: You must have held a residence permit for at least five years.
- Secured livelihood: Your livelihood must be secured without you having to rely on state assistance.
- Pension insurance contributions: You must have made at least 60 months of compulsory or voluntary contributions to statutory pension insurance. Periods of childcare or home care are taken into account.
- Public safety and order: There must be no serious reasons of public safety or order against you.
- Permission for employment: If you are an employee, you must be permitted to work.
- Permits required: You must be in possession of all the necessary permits to pursue your gainful employment on a permanent basis.
- German language skills: You need sufficient knowledge of the German language.
- Knowledge of the legal and social order: You must have a basic knowledge of the legal and social order and living conditions in Germany.
- Sufficient living space: You must have sufficient living space for yourself and your family members.
Difference to residence permit and permanent residence permit
The Settlement permit differs from the residence permit and the EU permanent residence permit in several important respects:
- Residence permit: This is usually limited in time and subject to certain conditions. It can be extended, but does not offer the same permanent rights as the Settlement permit.
- EU permanent residence permit: This not only allows you permanent residence in Germany, but also the right to live and work in other EU countries, subject to certain conditions.
Here is a table showing the differences between a residence permit, Settlement permit and EU permanent residence:
Feature | Settlement permit | Residence permit | Permanent residence EU |
|---|---|---|---|
Period of validity | Unlimited | Temporary | Unlimited |
Access to the labor market | Full access | Restricted, depending on the type of permit | Full access |
Acquisition of the permit | Strict requirements (e.g. 60 months of pension contributions) | Depending on the purpose of your stay (e.g. study, work) | Strict requirements |
Rights in other EU countries | No special rights | No special rights | Right to live and work in EU countries (certain conditions) |
Extension | Not required | Required | Not required |
General requirements for the Settlement permit
In order to obtain a Settlement permit in Germany, various general requirements must be met. These requirements are designed to ensure that you are able to settle permanently in Germany and integrate into society.
Minimum length of stay
One of the basic requirements is that you have been in possession of a residence permit for at least five years. This period of time is necessary to ensure your retention and integration in Germany.
Securing a livelihood
Your livelihood must be secure, which means that you and your family must not be dependent on state support. This can be demonstrated by a regular income or sufficient financial reserves.
Important points:
- Regulated income
- No dependence on social benefits
- Proof through payslips or bank statements
German language skills
You must be able to demonstrate sufficient knowledge of the German language. This is usually proven by a language certificate at level B1 or higher. Language skills are essential for integration and everyday life in Germany.
Language certificates:
- B1 for sufficient knowledge of the German language
- Proof through passed language courses or certificates
Proof of social security contributions
Another important aspect is proof of compulsory or voluntary contributions to statutory pension insurance. You must have made contributions for at least 60 months. Periods of childcare or home care are also taken into account.
Details on pension insurance:
- At least 60 months of premium payments
- Recognition of periods of childcare or nursing care
- Proof in the form of pension certificates or pension insurance certificates
Proof of residence
You must have sufficient living space for yourself and your family members living with you. This is usually evidenced by a rental agreement or proof of ownership.
Important documents:
- Rental agreement or proof of ownership
- Proof of living space and number of rooms
Impunity
There must be no serious reasons of public safety or order against you. This means that you must not have committed any criminal offenses that could jeopardize your Settlement permit .
Securing your livelihood
In addition to a secure livelihood, you must also prove that you have the necessary permits for your work and that you are permitted to work in Germany.
Professional licenses:
- Employment or gainful activity must be permitted/allowed
- Proof of professional qualifications
Proof of integration Naturalization test
You must provide proof of basic knowledge of the legal and social order as well as living conditions in Germany. Successful completion of an integration course or passing a naturalization test can provide this proof.
Proof of integration:
- Certificate of participation in an integration course
- Certificate of passing the naturalization test
You can see the requirements for Settlement permit again as a table here:
Prerequisite | Description | Proof |
|---|---|---|
Minimum length of stay | Possession of a residence permit for at least five years | Residence permit, Registration certificate |
Securing a livelihood | No dependence on social benefits | Employment contract, wage certificates |
German language skills | Sufficient knowledge of the German language (B1) | Original proof of language certificates |
Social security contributions | At least 60 months of compulsory or voluntary contributions to statutory pension insurance | Pension insurance history |
Proof of residence | Sufficient living space for yourself and your family | Rental agreement, proof of ownership |
Impunity | No serious violations of public safety or order | Police clearance certificate |
Proof of integration | Basic knowledge of the legal and social order and living conditions in Germany | Certificate of participation in integration course, certificate of naturalization test |
Special requirements and exceptions
In addition to the general requirements, there are also special regulations and exceptions that are taken into account when applying for Settlement permit . These make it easier for certain groups of people to access Settlement permit.
Exceptions for pension insurance months
In some cases, the full 60 months of pension insurance contributions do not have to be proven. This applies in particular to:
- Refugees: If you have residence status in accordance with §25 Para. 2 AufenthG, you benefit from easier conditions. In this case, 60 months of pension insurance contributions are not required. In this case, it is possible to receive the Settlement permit even after 3 years.
- Students and trainees: If you are in training or studying for a recognized school, vocational or university degree, this requirement is also waived. Here too, Settlement permit is possible even before 5 years of legal residence.
- Spouse: If your spouse meets the requirement of 60 months of pension insurance contributions, you can also receive a Settlement permit , even if you do not meet this requirement yourself.
Settlement permit for special residence permits
There are also special regulations for people who have certain Residence permit :
- Residence permit before 01.01.2005: If you already had a Residence permit before 01.01.2005, you only need an A1 certificate to obtain the Settlement permit . This regulation makes it easier for long-time residents to obtain an Settlement permit .
- Holders of a residence permit in accordance with Section 18c of the Residence Act: If your spouse has a Residence permit in accordance with Section 18c of the Residence Act, you can obtain a Settlement permit after just three years, provided that you live together as a couple and meet the other requirements.
Further facilitations and special regulations
There are other simplifications and special regulations that are taken into account at Settlement permit :
- Childcare and home care: The time you spend looking after your children or caring for relatives is taken into account for pension insurance contributions.
- Cases of hardship: In certain cases of hardship, some conditions may be waived. This applies in particular if you are unable to fulfill certain conditions due to physical, mental or psychological illnesses or disabilities.
Settlement permit Apply: Prerequisites and procedure
Applying for a Settlement permit can be a complex process. To help you with this, we have created a step-by-step guide and summarized the most important information on the required documents and responsible authorities.
Step-by-step instructions on how to apply
Step 1 Preparation:
- Check whether you meet all general and special requirements.
- Find out about the relevant authorities and contacts in your region.
Step 2 Collect documents:
- Compile all the necessary documents and evidence (see next subheading).
Step 3 Fill out the application form:
- Download the application form from the website of your local Foreigners' office or collect it there.
- Fill out the form carefully and completely.
Step 4 Make an appointment:
- Make an appointment with the responsible Foreigners' office to hand in your application and to appear in person.
Step 5 Submit application:
- Submit your application together with the collected documents and evidence to Foreigners' office .
- Pay any fees that may be incurred.
Step 6 Personal interview:
- Attend the agreed appointment and have a personal conversation with the person in charge.
Step 7 Wait for processing time:
- Wait for your application to be processed. This can take several weeks to months.
Step 8 Decision received:
- After processing, you will receive a decision on your application at Settlement permit.
Documents and evidence required
To apply for a Settlement permit , you will need a variety of documents and proof. Make sure you have all the required documents in order to avoid delays.
List of required documents:
- Application form: Completed and signed form of the Foreigners' office
- Passport: Valid passport
- Residence permitProof of previous residence permit
- Registration certificate: Current registration certificate of your place of residence
- Language certificates: Proof of German language skills (B1 certificate in exceptional cases A1 certificate) or other proof corresponding to B1 such as school reports.
- Proof of income: Salary slips for the last few months
- Pension certificates: Proof of pension insurance contributions paid
- Proof of residence: rental contract or proof of ownership
- Health insurance: Proof of valid health insurance
- Certificate of good conduct: Current police certificate of good conduct
- Proof of integration: Certificates of participation in integration courses or naturalization test certificates
Responsible authorities and contact persons
You can apply for Settlement permit at the Foreigners' office in your place of residence. This authority is responsible for examining your application and issuing the residence permit.
Responsible authorities:
- Foreigners' office: In every city or district there is a Foreigners' office which is responsible for your application.
- Contact: Employees of Foreigners' office, who will support you with your application and answer your questions.
Contact us:
- Websites: Check the website of your local Foreigners' office for information on opening hours, contact persons and the possibility of making an appointment online.
- Telephone: Call Foreigners' office to clarify any questions or to make an appointment.
- In person: Visit Foreigners' office during office hours to submit your application or obtain further information.
Common mistakes in the prerequisites and how to avoid them
The process of applying for Settlement permit can be complex and sometimes confusing. It's important to avoid common mistakes to prevent delays or rejections. Here are the most common mistakes and how you can avoid them.
Incomplete application documents
One of the most common errors when applying for Settlement permit is incomplete or missing application documents. This can lead to considerable delays. In extreme cases, your application may be rejected.
Tips for avoidance:
- Use a checklist: Use a checklist to ensure that you have submitted all the necessary documents and evidence.
- Double check: Check all documents again thoroughly before submitting them.
- Early procurement: Apply for all necessary documents such as certificates of good conduct or registration certificates in good time.
Misunderstandings regarding requirements for Settlement permit
Misunderstandings about the requirements can also lead to problems. Make sure that you understand and fulfill the requirements exactly.
Common misunderstandings:
- Language skills: Make sure that your language certificates meet the required standards (at least B1 or higher).
- Pension insurance contributions: Make sure you can prove you have the required 60 months of contributions or benefit from the exemptions.
- Secure livelihood: Make sure that your income is sufficient to secure your livelihood without state assistance.
Clarifications:
- German language skills: At least level B1, higher is better.
- Pension contributions: At least 60 months or equivalent evidence.
- Proof of income: Salary slips for the last few months.
Tips for a successful application
To increase your chances of a successful application, you should consider the following tips:
Preparation:
- Start early: Start preparing and obtaining the necessary documents at an early stage.
- Obtain information: Inform yourself thoroughly about the requirements and the application process.
Documentation:
- Complete documentation: Make sure that all required documents are complete and up-to-date.
- Have copies ready: Make copies of all submitted documents for your own records.
Communication:
- Making an appointment: Make an appointment in good time at Foreigners' office.
- Ask questions: Do not hesitate to ask questions if anything is unclear. The staff at Foreigners' office are there to help you.
- Keep in contact: Keep in touch with Foreigners' office and check the status of your application regularly.
Summary of tips for a successful application
Tip | Description |
|---|---|
Start early | Start preparing and obtaining the necessary documents at an early stage. |
Obtain information | Inform yourself thoroughly about the requirements and the application procedure. |
Complete documents | Make sure that all required documents are complete and up-to-date. |
Have copies ready | Make copies of all submitted documents for your own records. |
Making an appointment | Make an appointment in good time at Foreigners' office. |
Ask questions | Do not hesitate to ask questions if anything is unclear. |
Keep in touch | Keep in touch with Foreigners' office and check the status of your application regularly. |
Changes and current developments in the Immigration law
The Immigration law in Germany is subject to regular changes in order to adapt to current social and political developments. One of the most important changes concerns the Naturalization Act, which will come into force on 27 June 2024 and will bring significant changes.
Changes for Settlement permit with the new Naturalization Act
From 27 June 2024, the new Naturalization Act will come into force, which provides for significant changes to Section 10 of the Citizenship Act (StAG).
One of the key innovations is the shortening of the waiting period for Naturalization. Instead of the previous eight years, you can now apply for Naturalization after just five years. This means that you can apply for Naturalization immediately after receiving the Settlement permit and no longer have to wait three years.
Important changes:
- Shortened waiting period: Naturalization possible after five years.
- Direct application: Possibility to apply for Naturalization immediately after receiving the Settlement permit .
Effects on existing and new applications
The new Naturalization Act applies to both existing and new applications. From June 27, 2024, all applications can be processed in accordance with the new regulations.
In addition to the shortened waiting period of five years, there is also the option of Naturalization after three years if special integration achievements are made. These include
- Voluntary commitment: Proof of voluntary activities.
- Educational or professional achievements: Successes and qualifications in the school or vocational sector.
- Language skills: Obtain a C1 certificate for German language skills.
Another important innovation is the possibility of dual citizenship. With the new law, you no longer have to give up the citizenship of your home country in order to obtain German citizenship.
With Settlement permit you can live in Germany forever and you will never have to extend your stay again. In this comprehensive article, we explain everything you need to know about Settlement permit .
Conclusion on the requirements for Settlement permit
Applying for Settlement permit is an important step on the way to permanent residence in Germany. It is important to know all the requirements and to prepare carefully in order to submit the application successfully. In this section, we summarize the most important points and provide an outlook on future developments.
Summary of the most important points
The requirements for Settlement permit include a number of criteria designed to ensure that applicants are well integrated and financially secure.
General requirements:
- Minimum length of stay: Possession of a residence permit for at least five years.
- Secure livelihood: You and your family can cover your own living expenses without state assistance.
- German language skills: Sufficient knowledge of the German language (at least A1).
- Social security contributions: Proof of at least 60 months of contributions to statutory pension insurance.
- Proof of residence: Availability of sufficient living space.
- Impunity: No serious violations of public safety and order.
- Securing a livelihood: Possession of the necessary permits to pursue gainful employment on a permanent basis.
- Proof of integration: Participation in integration courses or passing the naturalization test.
Special requirements and exceptions:
- Pension insurance months: relief for refugees, students and trainees, as well as spouses.
- Special Residence permit: Simplified conditions for holders of residence permits before 01.01.2005 and according to §18c AufenthG and for holders of refugee status according to § 25 para.2 AufenthG.
Tips for avoiding mistakes:
- Complete application documents: Use checklists and double-check your documents.
- Clear communication: Make sure that you understand all the requirements and obtain information at an early stage.
- Early preparation: Start obtaining all the necessary documents in good time.
Future prospects for the Settlement permit
The most important new features include:
- Shortened naturalization period: possibility of Naturalization after just five years instead of the previous eight years.
- Special integration achievements: Naturalization possible after just three years with proven voluntary work, academic or professional achievements and a C1 language certificate.
- Dual citizenship: Possibility to keep the citizenship of the home country.
- Apply directly for Naturalization : You no longer have to wait 3 years to apply for Naturalization .
These changes offer many advantages and make the path to German citizenship and permanent settlement in Germany easier and more attractive. It is worth staying informed about these opportunities and preparing accordingly.
With good preparation and the right knowledge of the requirements and procedures, you can maximize your chances of successfully applying for Settlement permit and possibly also for German citizenship.
FAQ - The most important questions about the requirements for Settlement permit
The requirements include at least five years of residence with a residence permit, a secure livelihood, sufficient knowledge of German, 60 months of pension insurance contributions, sufficient living space and no serious criminal offenses.
The Settlement permit is unlimited and offers more comprehensive rights and security compared to a temporary residence permit.
From 27 June 2024, the naturalization period will be shortened to five years, allowing dual citizenship. Special integration achievements can make Naturalization possible after just three years. You will then no longer have to wait 3 years to apply for Naturalization after receiving Settlement permit.
The Settlement permit is unlimited, i.e. it is valid for an unlimited period of time. In principle, the Settlement permit is passport-bound and is valid for a maximum of 10 years. After that, you will receive a new card (passport transfer) without a new check
Yes, the Settlement permit can expire, but only in extreme cases if you commit serious crimes or if your passport has expired.
