General requirements for the Settlement permit
The general requirements for a Settlement permit are set out in § 9 AufenthG. In principle, the following applies:
- 5-year residence permit: You must have held a legal residence permit for Germany for at least 5 years.
- Secure means of subsistence: You must be able to support yourself and your family without having to rely on state assistance. This can be demonstrated by a regular income or sufficient financial reserves.
- 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.
- Exemption from punishment: There must be no serious reasons of public safety or public order against you. This means that you must not have committed any criminal offenses that could jeopardize your Settlement permit .
- Employment permit: You must be in possession of all the necessary permits to pursue your gainful employment on a permanent basis.
- 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.
- Proof of integration: You must have basic knowledge of the legal and social order and living conditions in Germany. Successful completion of an integration course or passing a naturalization test can provide this proof.
- Sufficient living space: You must have sufficient living space for yourself and your family members.
Which Residence permit entitle the holder to a Settlement permit?
A stay of 5 years with a lawful residence permit always entitles you to a Settlement permit if you fulfill all other requirements in addition to lawful residence. However, there are so-called prohibitions on changing purpose, which means that you may not change to a Settlement permit if you have a temporary Residence permit for a specific purpose.
The Settlement permit is blocked for you if you have the following residence permits for a specific purpose in accordance with the Residence Act (AufenthG):
- § Section 16a Vocational training and further vocational training
- § 16b Studies
- § Section 16d Measures for the recognition of foreign professional qualifications
- § 16e Study-related internship EU
- § 16f Language courses and school attendance
- § 17 Search for a training or study place
- § Section 20 Job search following stays in the federal territory
- § Section 25 (4a and 4b) Foreign nationals who are victims of a criminal offense
Different requirements depending on the city
The requirements for the Settlement permit can vary depending on the type of Settlement permit . There are different types of Settlement permit for certain groups of people such as refugees, skilled workers or the self-employed. However, there are no differences in the requirements depending on the authority or city. The requirements are therefore the same in every city.
Exceptions to the general requirements
There are exceptions to the general requirements for the Settlement permit for certain groups of people. This means that you no longer have to meet some of the requirements in full or you can obtain the Settlement permit after just 3 years.
Settlement permit without 60 months of compulsory contributions
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 come to Germany as a refugee and have a Residence permit in accordance with Section 25 (2) AufenthG, you do not need to have made pension insurance contributions for 60 months. In this case, it is also possible to obtain a Settlement permit after 3 years.
- The Settlement permit pursuant to Section 26 (3) AufenthG is also possible for persons with Section 25 (2) sentence 1 Alt. AufenthG, Section 23 (4) AufenthG and Section 25 (1) AufenthG without 60 months of compulsory contributions.
- After completing training: If you have completed an apprenticeship or a course of study leading to a recognized vocational or university degree and you have subsequently changed to the Residence permit for skilled workers with vocational training in accordance with §18a and 18b AufenthG, the 60 months of compulsory contributions are also waived as a requirement.
- Spouse: In exceptional cases, spouses are also exempt from the 60 months of compulsory pension insurance contributions. This applies, for example, if your spouse already fulfills the requirement of 60 months of pension insurance contributions. Furthermore, you do not have to fulfill the requirement if you are married to a German (§ 28 AufenthG) or your spouse has a Residence permit in accordance with 18c AufenthG.
Further relief for certain groups of people
In addition to the exemption from the 60 months of compulsory contributions to statutory pension insurance, there are other groups of people who can benefit from simplified conditions for the Settlement 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 a Settlement permit . This regulation makes it easier for long-time residents of Germany to obtain a Settlement permit .
- Self-employed persons according to §21 AufenthG: Self-employed persons can switch to a Settlement permit after 3 years of legal residence if their business activities are successful and their self-employment will continue to ensure their livelihood in the future. As a rule, you do not have to provide any further proof (proof of language skills, "Living in Germany" test, etc.).
- Spouse with a Residence permit according to §18c Residence Act: If your spouse has a Residence permit according to §18c Residence Act, you can obtain a Settlement permit after three years according to §9 para. 3a Residence Act, provided that you live together as a couple and fulfill the other requirements.
- Childcare and home care: Time you spend looking after your children or caring for relatives is counted towards the 60 months of pension insurance contributions.
- Hardship regulations: If you are unable to meet certain conditions due to physical, mental or psychological illness or disability, you may be exempt. This may include proof of language skills or compulsory contributions.
Requirements for the Settlement permit after 3 years
For these persons, a Settlement permit is possibleafter just 3 years instead of the usual 5 years:
- Skilled workers: If you have held a Residence permit as a skilled worker (with vocational or academic training) for three years, are gainfully employed, have made 36 months of compulsory contributions to a pension scheme and have sufficient knowledge of German, you can obtain a Settlement permit after just three years. If you have completed your studies or training in Germany, the period of compulsory monthly contributions is reduced to 24 months.
- Civil servants: Foreign persons in a civil servant relationship with a German employer can obtain a Settlement permit after just three years.
- Holders of an EU Blue Card: If you are in possession of an EU Blue Card, you can obtain a Settlement permit after just 21 months (if you have sufficient knowledge of German) or 27 months (if you have basic knowledge of German) under certain conditions.
- Family members: Spouses or children of German nationals can obtain a Settlement permit after three years of residence in accordance with §28. Otherwise, children can only obtain a Settlement permit after 5 years of residence and from the age of 16.
Requirements for the application for a Settlement permit
The Settlement permit application process can be complex and sometimes confusing. It is therefore important to avoid common mistakes so that you meet the requirements for the Settlement permit and avoid delays or rejections. The following tips should help you to obtain your Settlement permit as quickly as possible.
Tip | Description |
|---|---|
Start early | Start preparing and obtaining the necessary documents at an early stage. |
Obtain information | Contact the Foreigners' office responsible for you to find out about the necessary documents 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. |
With our practical checklist for the Settlement permit, you can ensure that you have the necessary documents and evidence. You can download our checklist as a PDF free of charge!
Validity of the Settlement permit: What you should bear in mind
As an unlimited Residence permit , the Settlement permit can never expire. However, its validity is linked to two documents:
- to the card that documents your Settlement permit and
- Your national passport or travel document.
Validity of the card
When you receive your Settlement permit , you will receive a card from the Foreigners' office confirming your Residence permit . This card contains important information about you as well as a current passport photo and your fingerprint. The card must be renewed every 10 years to ensure that the data is always up to date. However, it is not necessary to check your requirements again!
On your Settlement permit you will find information on how long the card is valid for. Make sure that you apply for a new card at the Foreigners' office before this date expires.
Validity of the passport or travel document
Your Settlement permit is also linked to the validity of your national passport or travel document. If one of these documents expires, you will not lose your Settlement permit - but there may be complications, especially when traveling abroad.
You can apply for or renew your national passport either in your home country or at the embassy of your country in Germany. To renew your passport, it is best to apply for a new passport at the Foreigners' office before it expires. To ensure that your Settlement permit is linked to the new passport or travel document, you must carry out the so-called passport transfer.
To transfer your passport, make an appointment at your Foreigners' office. Take your new passport or travel document with you to this appointment. New fingerprints will be taken there for your identification and you will pay a fee of €67 for the passport transfer.
Problems with the requirements for the Settlement permit?
In principle, the same requirements for the Settlement permit apply throughout Germany. However, our legal experts at Migrando repeatedly receive messages that people in your city are not receiving a Settlement permit despite meeting the requirements. If you are also affected by this, our experts will be happy to help you!
FAQ - Frequently asked questions about the requirements for the Settlement permit
No, a Settlement permit is not a mandatory requirement for Naturalization, but it can make it easier, as you will already meet many of the requirements. It is important that you have a legal Residence permit and meet the other requirements for Naturalization.
Yes, this is possible if you meet certain requirements. For example, if you have a Settlement permit for skilled workers or your spouse is already a German citizen, you can obtain a Settlement permit after just 3 years. It is even quicker with the EU Blue Card, for example after just 21 months.
Yes, if you have been married to a German citizen for 3 years and the marriage continues, you can obtain a Settlement permit after 3 years.
No, the Settlement permit is a permanent Residence permit and does not expire. However, it is important that you regularly renew the documents associated with your Settlement permit . This concerns the card that documents your Settlement permit , as well as your national passport or your travel document for refugees/stateless persons/foreigners.
