Settlement permit students and trainees – who is eligible?
As a general rule, a Settlement permit not granted automatically. Even those who have been living in Germany for a long time must meet certain requirements. This also applies to students and trainees.
Important to know:
Anyone currently residing in Germany with a residence permit for the purpose of training (Section 16a of the Residence Act) or studying (Section 16b of the Residence Act) cannot Settlement permit directly Settlement permit a Settlement permit . The reason: these Residence permit temporary and strictly tied to the purpose of training or study.
As a rule, you must first successfully complete your training or studies. You will then need to switch to a different Residence permit, such as one for skilled employment (Section 18a or Section 18b of the Residence Act). Only on the basis of such a residence permit can Settlement permit a Settlement permit .
The situation is different for young people who live in Germany for family or humanitarian reasons—for example, as recognized refugees, persons entitled to asylum, persons entitled to subsidiary protection —or who have come to Germany as part of family reunification (Sections 32, 34, or 36a of the Residence Act).
If these persons are studying or completing vocational training, this Settlement permit preclude them from obtaining Settlement permit . In such cases, a Settlement permit may be considered Settlement permit Section 35 (1) of the Residence Act or Section 26 (4) of the Residence Act.
Settlement permit students and trainees – what are the options?
For students and trainees, obtaining a Settlement permit is Settlement permit somewhat more difficult than for other groups of people. The reason: they are still studying or in training and often do not have a fixed or permanent income.
This means that, in terms of residence law, they are usually not considered to be traditional workers. Settlement permit , it is precisely this point that plays a major role in the decision on the Settlement permit .
Nevertheless, a Settlement permit is Settlement permit possible for students and trainees. The decisive factor is the legal basis on which the application is made.
There are three possible approaches:
- The Settlement permit Section 9 of the Residence Act (AufenthG):
This regulation generally applies to most foreigners in Germany who wish Settlement permit a Settlement permit . The requirements are relatively strict, particularly with regard to secure livelihood and mandatory pension contributions. However, there is a special regulation for students and trainees. - The Settlement permit Section 35 (1) of the Residence Act (AufenthG):
This provision is a special regulation for young people who were born in Germany and/or grew up here and who Residence permit a legal Residence permit for a longer period of time as minors. In many cases, simplified requirements apply for the Settlement permit. - The Settlement permit Section 26 (4) of the Residence Act:
Students and trainees with a humanitarian Residence permit e.g., recognized refugees, persons entitled to asylum, and persons entitled to subsidiary protection) may be eligible for a Settlement permit Section 26 (4) of the Residence Act. In principle, the same requirements apply here as in Section 9 of the Residence Act—with one exception.
In the next section, we explain which of the three options is suitable for you and what requirements must be met in each case.
Settlement permit Section 9 of the Residence Act (AufenthG) – the "traditional route"
The Settlement permit Section 9 of the Residence Act is probably the most commonly used route to obtaining a permanent Residence permit. At the same time, it is also the most demanding.
The requirements apply to all applicants. However, in certain cases, concessions may be made for foreign students and trainees.
What are the requirements for a Settlement permit?
The following conditions must be met for a Settlement permit Section 9 of the Residence Act:
- At least five years of legal residencein Germany
- independently secured livelihood, without receiving public funds such as citizen's income or social benefits
- At least 60 months of contributions to statutory or private pension insurance
- adequate health insurance coverage
- no serious crimes
- no interest in expulsion
- Basic knowledge of the German legal and social system (usually demonstrated by passing the "Life in Germany" test)
- Sufficient knowledge of German, at least at level B1
- sufficient living space
- verified identity (usually by means of a valid national passport)
For many applicants, securing a livelihood is a major hurdle. Providing proof of retirement provisions, i.e., 60 months of pension contributions, can also be problematic.
However, there is one important exception to the Settlement permit for foreign students and trainees: the so-called trainee privilege under Section 9 (3) sentence 2 of the Residence Act.
The trainee privilege – What does Section 9 (3) sentence 2 of the Residence Act really facilitate?
Section 9 (3) sentence 2 of the Residence Act provides for a special provision for persons who are in school or vocational training or in higher education leading to a recognized degree. The provision states that Settlement permit this case, no pension insurance or other forms of retirement provision need to be proven for the Settlement permit .
Important: Secure livelihood remains an important prerequisite for the Settlement permit. There are no special regulations for students or trainees.
The trainee privilege for students and trainees therefore means:
- Exemption from proof of retirement provision → 60 months of pension contributions are not necessary
- No relief for secure livelihoods
So, if you are a student or trainee and want to apply for a Settlement permit Section 9 of the Residence Act, you must be able to support yourself financially, but you do not need to have paid 60 months of pension contributions.
Students and trainees with a humanitarian Residence permit who apply for a Settlement permit Section 26 (4) of the Residence Act are not entitled to the trainee privilege. They must provide evidence of both a secure livelihood and 60 months of pension contributions.
Settlement permit Section 35 (1) of the Residence Act – a great opportunity for young people
Section 35 (1) of the Residence Act allows Settlement permit children, adolescents, and young adults who were born in Germany and/or entered the country as minors and Residence permit a Residence permit as minors. The aim of this provision is to enable young people to obtain permanent residence rights at an early stage.
Young people who are studying or in training can also Settlement permit a Settlement permit under Section 35 (1) of the Residence Act. Compared to Settlement permit Section 9 or Section 26 (4) of the Residence Act, the requirements here are often significantly less stringent.
Section 35 (1) sentence 1 – Settlement permit minors
This regulation applies to persons under the age of 18 – and may therefore also be relevant for minor trainees. A claim to a Settlement permit Section 35 (1) sentence 1 exists if:
- the person is still a minor and
- has held a valid residence permit for at least five years on their 16th birthday.
The advantage of this regulation is that a secure livelihood is not a prerequisite for a Settlement permit. Nor is it necessary to provide proof of pension contributions. This means that a lack of personal income or financial support from parents Settlement permit prevent the granting of a Settlement permit .
Only in cases of serious legal grounds for refusal, in particular in the case of serious criminal offenses or an existing interest in expulsion, may the granting of a Settlement permit be Settlement permit .
Section 35 (1) sentence 2 – Settlement permit adults
For young adults, slightly stricter requirements apply for the Settlement permit Section 35 (1) of the Residence Act. The reason for this is that the legislator wants to examine more closely how well the person is integrated in Germany.
A person is entitled to a Settlement permit Section 35 (1) sentence 2 of the Residence Act if they:
- is of legal age
- entered the country as a minor
- has held a residence permit for humanitarian or family reasons for at least five years,
- sufficient knowledge of German (at least level B1 or, alternatively, a German school leaving certificate)
- livelihood is secured or school, vocational training, or a degree program with a recognized qualification is being completed
- there are no serious grounds for refusal, such as criminal offenses or a significant interest in expulsion
Important: Here, too, you do not need to provide proof of 60 months of pension contributions. And you do not need to be financially independent if you are studying or in training.
If there are grounds for refusal, such as criminal offenses, the entitlement lapses. In this case, the Foreigners' office decides on the granting of the Settlement permit Foreigners' office its discretion.
Comparison: Requirements for the Settlement permit
The following requirements apply to foreign students and trainees for a Settlement permit:
Prerequisite | Settlement permit 9 Residence Act | Settlement permit 35 (1) Residence Act (minors) | Settlement permit 35 (1) Residence Act (adults) | Settlement permit 26 (4) Residence Act (humanitarian AT) |
|---|---|---|---|---|
Secure livelihood | Yes | No | No | Yes |
60 months of pension | No | No | No | Yes |
length of stay | At least 5 years of legal residence | From the age of 16, at least 5 years of legal residence | At least 5 years of legal residence + entered the country as a minor | At least 5 years of legal residence |
forecast | Yes | Individual | Individual | Yes |
Language | B1 or exception | B1 or exception | B1 or exception | B1 or exception |
Naturalization test | Yes or exception | No | No | Yes or exception |
National passport | Yes | Yes | Yes | Yes |
What documents are helpful for the Settlement permit?
The following documents may be helpful in proving that you meet the requirements for a Settlement permit Section 9 of the Residence Act, Section 35(1) of the Residence Act, or Section 26(4) of the Residence Act:
- training contracts
- Study or school certificates
- Examination results and other performance assessments
- Job offers or employment offers
- School and training certificates
- Proof of sufficient German language skills
If all legal requirements are met and there are no grounds for refusal, there is a legal entitlement to a Settlement permit in accordance with Section 9 of the Residence Act, Section 35(1) of the Residence Act, and Section 26(4) of the Residence Act.
Does BAföG or educational assistance count as income?
One of the most important requirements for a Settlement permit Section 9 and Section 26(4) of the Residence Act is a secure livelihood. The Foreigners' office whether you are able to cover your living expenses permanently from your own resources —i.e., without having to rely on public benefits such as citizen's income or social assistance.
In this blog post, we explain how much money you need Settlement permit to obtain a Settlement permit .
For many students and trainees, this raises a key question: Does receiving BAföG or other educational grants count when assessing living expenses?
As a general rule, BAföG and other educational grants are not considered detrimental to the Settlement permit in terms of residence law.
This means that during your studies or training, you can also prove your living expenses through BAföG, a training allowance, or a scholarship.
In practice, however, the real problem often lies not in the current financial situation, but in the question of what to do after completing one's studies or training.
The Foreigners' office not only Foreigners' office whether your livelihood is currently secure, but also whether it is secure in the long term. This is called a future prognosis or prognosis decision.
The Foreigners' office forecast Foreigners' office the Settlement permit
For the Settlement permit Section 9 of the Residence Act and Section 26 (4) of the Residence Act, it is not sufficient that the applicant's livelihood is temporarily secured. The Foreigners' office whether it can be assumed that the applicant will be able to cover their living expenses from their own resources in the long term.
Temporary income such as BAföG, scholarships, or training allowances may cover your living expenses for the time being. However, they usually end when you complete your studies or training. That is why the authorities require a so-called positive future prognosis —in other words, an assessment that your livelihood will also be secure in the future.
Among other things, the following will be examined:
- the age of the applicant
- previous employment history, i.e., whether and for how long the applicant has already worked
- Specific job offers or employment contracts for the period after graduation
- how close you are to completing your studies or training
- integration into the German labor market, for example through internships or part-time jobs
Courts have repeatedly clarified that a positive prognosis cannot be based solely on the fact that BAföG is currently being received or that a degree is likely to be obtained. Rather, the decisive factor is whether a quick entry into professional life can realistically be expected.
This means that even if students or trainees can cover their living expenses through their own earnings and/or BAföG (student loan), the Foreigners' office will always check whether their living expenses are potentially covered after their studies or training Foreigners' office § 9 AufenthG (Residence Act) and § 26 (4) AufenthG. If the future prognosis is negative, the Foreigners' office may Settlement permit to grant Foreigners' office Settlement permit .
Common problems in practice
In practice, there are a few typical situations that repeatedly lead to problems or questions regarding Settlement permit students and trainees:
Mini-jobs:
Mini-jobs can generally contribute to securing a livelihood. In many cases, however, they are not sufficient on their own to prove sustainable financial security.
Tip: If you have a mini-job or part-time job, it is advisable to pay into the pension insurance scheme. Paying into the pension scheme is important evidence for the prognosis and will be helpful later on for Naturalization
Fixed-term employment contracts:
Fixed-term contracts Settlement permit automatically exclude a Settlement permit , but they can have a negative impact on the future prognosis. The decisive factor is whether there is a stable income outlook overall.
Students and trainees over the age of 30:
In these cases, the future outlook is often particularly bleak, especially if the person is no longer eligible for BAföG and does not yet have a concrete job offer.
Benefits that are detrimental and non-detrimental to the Settlement permit:
Non-detrimental benefits include, for example, BAföG (student loans), scholarships, or benefits based on personal contributions. Detrimental benefits include, in particular, unemployment benefits II (citizen's income), social assistance, or comparable benefits. Those who claim these benefits will generally not receive a Settlement permit Section 9 of the Residence Act or Section 26 (4) of the Residence Act.
These questions depend heavily on the individual case. Small differences in income, contract terms, or future plans can be Foreigners' office for the Foreigners' office decision.
Conclusion – What are the chances for students and trainees to obtain a Settlement permit?
A Settlement permit generally possible for foreign students and trainees. In practice, however, success depends heavily on the legal basis on which the application for the Settlement permit is made and on the individual's personal circumstances.
The path to obtaining Settlement permit Section 9 of the Residence Act is open, but it is very demanding. In particular, securing a livelihood and long-term future prospects often cause problems here.
However, unlike other residence permits, students and trainees are not required to provide proof of 60 months of pension contributions under Section 9 of the Residence Act.
In many cases, Section 35 (1) of the Residence Act offers significantly better opportunities. This special provision is aimed at young people who were born in Germany and/or grew up here. The requirements are often somewhat simpler, as neither a secure livelihood nor 60 months of pension contributions are usually necessary.
Regardless of the path chosen, securing a livelihood remains the central issue. The decisive factor here is not only the current financial situation, but above all the question of whether it will be possible to secure one's own livelihood in the long term.
Ultimately, each case is decided on its own merits. Even small differences in income, education, age, or future plans can be Foreigners' office for the Foreigners' office decision.
