What is a residence permit for sustainable integration?
The residence permit under Section 25b of the Residence Act is intended for people who have been living in Germany for several years but do not yet have a permanent Residence permit . The permit is intended to provide well-integrated individuals with long-term prospects.
The residence permit is primarily intended for individuals holding a Tolerance permit Section 60a of the Residence Act) or a residence permit under Section 104c of the Residence Act (right of residence based on prospects).
The main requirements for a Residence permit :
- Length of stay: at least 6 years (4 years for families with minor children) of continuous residence as a tolerated resident, authorized resident, or holder of a residence permit
- Means of support: largely self-sufficient
- Language skills: spoken German at the A2 level
- School attendance: Children of school age must actually attend school
- Basic knowledge of the legal and social system
- no serious crimes
- established identity
Continuous residence is an important requirement
One of the most important requirements for a residence permit under Section 25b of the Residence Act is long-term residence in Germany. As a rule, applicants must have resided in Germany for at least six years — without interruption. This is stipulated in Section 25b(1), sentence 2 of the Residence Act.
This very point was decisive in the current case. The plaintiff was a man from Pakistan who, since 2015, had initially been living in the country with a Tolerance permit and later under a “chance residence permit” (Section 104c of the Residence Act) in Germany.
While he held a residence permit for the purpose of seeking employment (Section 104c of the Residence Act), the plaintiff traveled to Pakistan twice and spent a total of 93 days abroad. During his second trip, he had to postpone his return flight due to a hospital stay.
When he subsequently applied for a residence permit based on sustainable integration (Section 25b of the Residence Act), the competent authority rejected his application. The reason: due to his stays abroad, the requirement of uninterrupted residence in Germany was no longer met.
The man appealed the decision. However, the Kassel Administrative Court ruled Foreigners' office of the Foreigners' office .
In their ruling, the judges made it clear that the term “uninterrupted” must be interpreted strictly. Any departure from Germany —even if only temporary— can interrupt this period. This may result in the required period of residence no longer being met.
What are the exceptions?
However, the court also makes it clear that there may be exceptions. Short-term stays abroad may, under certain circumstances, be harmless if they do not exceed a total of three months.
In this specific case, however, the court did not find such an exception to apply. The individual in question had spent a total of more than three months (to be precise: three months and three days) abroad. Furthermore, there were no special circumstances regarding integration that could have offset this shortfall.
Does the reason for the stay abroad matter?
Importantly, the court ruled that the reasons for the long stay abroad are not a decisive factor.
In this particular case, the individual in question stated that he had been visiting his family. He also stated that he had been unable to return earlier due to illness.
Nevertheless, the court ruled that even health-related reasons do not alter the fact that the stay was interrupted.
When it comes to the question of “uninterrupted residence,” what matters is not why someone was abroad, but simply that the person was outside the country for more than three months. Even reasons beyond one’s control (such as illness) can result in the loss of this requirement.
What does the ruling mean for those affected?
The ruling makes it clear: Anyone wishing to apply for a residence permit under Section 25b of the Residence Act should be particularly cautious about traveling abroad.
Key points include:
- The stay in Germany should be as uninterrupted as possible
- Stays abroad should be kept short and should not exceed three months
- Before traveling abroad, it is best to contact the Foreigners' office in advance
This is because even brief deviations can result in Residence permit of eligibility for this Residence permit .
Conclusion
The residence permit under Section 25b of the Residence Act offers many well-integrated individuals the opportunity to live in Germany long-term. At the same time, the ruling shows that the requirements are scrutinized closely, particularly with regard to uninterrupted residence.
Anyone who does not reside in Germany continuously or who spends too much time abroad risks losing their entitlement —regardless of the reason for the trip.
