frequently asked questions

All questions and answers about migrando

The settlement permit is one of the best residence rights in Germany because it is unlimited. Once you have been granted a settlement permit, you can live in Germany for the rest of your life. As long as you only have temporary residence rights, such as a positive asylum decision, there is always the threat of revocation of the right of residence as soon as the danger in the country of origin no longer exists. In addition, after 3 years, or in some cases every year, you have to hope that your asylum status will be extended. If, on the other hand, you have been granted a settlement permit, you can spend the rest of your life in Germany.

Since 2015, about 2 million people have fled to Germany, of whom about 2/3 have been granted residence rights. From 2021 onwards, around 500,000 people will be entitled to be granted a settlement permit.We expect that from June 2021 onwards, the German foreigners authorities will be completely overloaded. We have already seen this in the years between 2016 and 2018, when the BAMF was overloaded due to the millions of asylum applications.

Currently, without migrando, the processing of the application for the settlement permit takes about 12 – 18 months. We anticipate that as of June 2021, the application period will take approximately 18-36 months. Therefore, we recommend to apply as soon as possible, so that you already have a file number at your competent immigration office and the case will be processed as soon as possible.

Unfortunately, most foreigners wait until you meet all the requirements before applying. If you then finally meet all the requirements after a few years, it usually takes at least 12 months without migrando until a decision is made on the application for a settlement permit. During these 12 months, every day there is a risk that you will no longer meet all the requirements. It is only because the foreigners authorities do not decide quickly enough that people often do not receive the settlement permit. The most common case is that you change your employer or even get laid off within the application period. In these cases, the foreigners authorities regularly reject the application for a settlement permit months later, even though all requirements were initially met.

If you submit your application with migrando already now, you will have enough time to fulfill all requirements. During this time, a case file has already been opened at your foreigners authority, which significantly speeds up the processing. In addition, the Foreigners’ Registration Office will tell you which requirements have already been met and which requirements still need to be met. Thus, you can create all the conditions in peace and receive directly after you meet the requirements, the settlement permit.

Unfortunately, this does not regularly work without migrando, because without migrando’s help, the immigration authorities reject your application directly, with the result that the file is closed and the considerable gain in time and information is lost.

In principle, after the application has been filed, the foreigners authority has 3 months to decide on the application for a settlement permit in accordance with § 75 of the Administrative Court Code.

In practice, the application process takes approximately 12 – 18 months in 2019 and 2020 As of 2021 we anticipate process times of approximately 18-36 months.

If you apply for a settlement permit with migrando, we already threaten to file an action for failure to act after the expiration of the 3 months according to § 75 of the Administrative Court Code (Verwaltungsgerichtsordnung), which allows us to shorten the duration of the procedure enormously.

If you want to apply for a settlement permit without migrando, this is regularly rejected or the responsible foreigners authority simply informs you verbally that an application is currently not possible. Unfortunately, this very often leads to you not asserting your right. If you commission migrando to apply for a settlement permit, experienced German lawyers will make the application for you. Since our law firms earn money with it, they do not simply let themselves be rejected, but enforce your right until you have received the settlement permit, provided that all requirements are met.

Unfortunately, not every foreigner in Germany can obtain a settlement permit. The basic requirements are defined in the Residence Act, in particular in § 9 Residence Act. Not every foreigner has to fulfill all the requirements in § 9 Residence Act, but there are many legal facilitations, e.g. § 26 par. 3 Residence Act.

Below we list the most common reasons why foreigners have little chance of applying for the settlement permit:

  • Duldung

If you do not have a right of residence, but only a toleration, you usually need a temporary right of residence first before you have a realistic chance of getting the settlement permit.

  • Permanent welfare recipient

If you are a permanent welfare recipient and do not provide for your own living and do not want to change this, there is only in very few exceptional cases a chance for you to receive a settlement permit.

  • Minor (<16 years)

Under 16 years of age, the settlement permit is not granted in Germany.

  • No German

If you do not speak German, i.e. if you have not even reached language level B1, there is almost no chance for you to get the settlement permit.

Unfortunately, without migrando’s help, it happens again and again that foreigners authorities reject your application for a settlement permit, even though you meet all the requirements. Below we would like to tell you the most common reasons. If you hear these reasons for rejection, you should file an appeal of the rejection notice.

  • Revocation and withdrawal possibility of the BAMF
  • no permanent employment contract
  • Student
  • No appointments due to Corona indefinitely

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