Settlement permit With a criminal record: Is that possible?

A permanent right of residence in Germany is only granted to law-abiding persons.
Minor administrative offenses and misdemeanors are unproblematic.
Serious criminal offenses are excluded by Settlement permit .
Careful legal advice can help to reduce penalties.

Settlement permit with a criminal record - is that possible? Basically: The Settlement permit is considered an unlimited right of residence for eternity, which means that you can live in Germany forever. Before issuing the Settlement permit , Germany wants to ensure that only those foreigners who abide by German laws are granted a permanent right of residence. In this blog article, we explain whether you can apply for Settlement permit despite having a criminal record.

If you break the rules, you may not receive the Settlement permit .

The legal basis can be found in Section 9 (2) sentence 1 no. 4 AufenthG. This is the wording:
[...] (2) A foreigner shall be granted the Settlement permit if [...]
Reasons of public security or public order taking into account the seriousness or the nature of the violation of public safety or order or the danger posed by the foreigner, taking into account the duration of the previous stay and the existence of ties in the federal territory, [...]
Unfortunately, the law is very vague at this point. This raises the question as to which violations are Settlement permit not granted.

The law therefore does not prohibit those Settlement permit who pose a threat to public safety and order. Unfortunately, the law is very vague at this point. This raises the question as to which violations are Settlement permit not granted.

One thing is obvious: in the case of misdemeanors (running a red light) or simple offenses ("fare dodging on public transport), the Settlement permit will still be issued.

In the case of serious crimes (e.g. murder and manslaughter), Settlement permit will not be issued under any circumstances.

As soon as you are considered to have a "criminal record" in Germany, the Settlement permit is unlikely to be issued

The reference point for this is § 12a StAG. It literally states:

"The Naturalization is not taken into account:

the imposition of educational measures or correctional measures in accordance with the Juvenile Courts Act,

Convictions to fines of up to 90 daily rates and

Sentences of up to three months' imprisonment that have been suspended and remitted after the probation period has expired."

Even though this regulation is about Naturalization and not Settlement permit , it is a good guideline.

Source:

§ Section 9a Residence Act, Maor, commentary BeckOK Immigration law, Kluth/Heusch, 28th edition, as of 01.01.2021, marginal no. 11

If you have been sentenced by the criminal court to at least 91 daily rates or more than 3 months' imprisonment by way of a penalty order or judgment, Foreigners' office will not issue you with the Settlement permit .

When will I receive the Settlement permit?

We will check for you which legal regulation is the quickest and easiest way to obtain Settlement permit . Let us advise you!

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What do you do if you are under investigation?

If you are already under investigation, you should note the following:

Preliminary proceedings opened
The police are investigating you for a criminal offense. In this case, you should do everything you can to have the investigation proceedings dropped. With the help of a lawyer, you should already try at this point to have the investigation proceedings discontinued, in case of doubt against payment of a higher fine. Take the matter seriously in any case. The earlier you work to have the proceedings dropped, the greater the chances of success.
Penalty order issued
If a penalty order has been issued against you, you should always lodge an objection to the penalty order. Please note that you only have two weeks to lodge an objection. In particular, if you have been "sentenced" to more than 90 daily rates, you must try to reduce the sentence by lodging an objection. After lodging an objection, it makes sense to contact the public prosecutor's office and the judge to agree on a reduced sentence. With good legal advice, you have a realistic chance of reducing the sentence below 91 daily rates.
Prosecution by the public prosecutor's office
If charges have already been brought against you, the same applies! Try to have the proceedings discontinued by way of a plea bargain, in case of doubt against a fine. It is important for you to know that under no circumstances may you receive a sentence of more than 90 daily rates or 3 months' imprisonment. In the case of very serious offenses, it will usually be difficult to negotiate the sentence downwards if you cannot prove your innocence in the criminal proceedings.

If you submit an application without a lawyer, the current overload at the authorities can lead to enormous waiting times and processing times, as an extreme wave of applications is to be expected in the coming months and years.

Advantages of submitting an application via migrando:

We take care of the entire application process
We help you to reduce or prevent penalties
We work with very good specialist lawyers for criminal law, whom we recommend to others if necessary.

Summary

If you wish to obtain the Settlement permit as a permanent right of residence, you should not make yourself liable to prosecution under any circumstances. Minor administrative offenses and misdemeanors are unproblematic as long as you do not exceed the limit of 90 daily rates. Furthermore, you must not make yourself liable to prosecution during the application process. You must be clean until the Settlement permit is issued. If you have a criminal record in Germany, you also have many other disadvantages. In some cases, you will not be able to work in public authorities, you will not be allowed to set up a company, you will not receive any loans and you will also be prevented from being naturalized.

Observe law and order in order to obtain Settlement permit as quickly as possible.