What was the case about?
The case involved a woman born in Lebanon in 1960. She arrived in Germany in late 2006 and filed an asylum application in early 2007. After her application was denied, she was initially granted a Tolerance permit. In December 2009, the woman was granted a residence permit as the spouse of a German national (Section 28 of the Residence Act).
In July 2025, the woman filed an application for temporary residence permit ( Settlement permit ) under Section 9 of the Residence Act (AufenthG). However, the competent State Office for Migration and Refugees ( Foreigners' office ) rejected the application.
The reason for this was the lack of pension contributions. To qualify for a residence permit for the purpose of receiving a pension ( Settlement permit ) under Section 9 of the Residence Act (AufenthG), applicants must generally have made at least 60 months of mandatory or voluntary contributions to the statutory pension insurance system. However, the woman was only able to provide proof of mandatory contributions for the year 2010.
At the same time, the woman had become permanently unable to work. Due to her health condition, she could no longer work and was unable to support herself. For this reason, the Federal Office for Migration and Refugees ( Foreigners' office ) waived the requirement for proof of sufficient means of support under these circumstances.
However, the agency is making no exception regarding the missing pension contributions. In its view, the woman was unable to provide sufficient evidence that she had been unable to make pension insurance contributions in previous years due to her illness.
The woman filed an appeal against the decision. She argued that what mattered was not her past health condition but her current one. Since she was now permanently unable to work, she could no longer pay pension contributions.
Pension Contributions to the German Pension Fund for the Agricultural Sector ( Settlement permit): What Are the Rules and Exceptions?
Anyone applying for a " Settlement permit " under Section 9 of the Residence Act (AufenthG) must have paid mandatory or voluntary contributions to the statutory pension insurance system for at least 60 months. Comparable contributions to a private pension insurance plan may also be taken into account. Periods during which a person was unable to work due to childcare or providing home care may also be counted toward this requirement.
However, the law provides exceptions for people who are unable to meet certain requirements due to a physical, mental, or psychological illness or disability. This applies to a total of four requirements under the German Social Code, Book IV ( Settlement permit):
- ability to support oneself
- 60 months of pension insurance contributions or comparable retirement savings
- Adequate knowledge of German (B1)
- Basic knowledge of the legal and social system in Germany (“Life in Germany” test)
This means that if a person is unable to meet one (or more) of these requirements due to an illness or disability, the agency may waive that requirement.
However, this is a discretionary decision. The authorities may grant an exception, but there is no legal entitlement to one. In addition, the illness or disability must be verified by a doctor’s note.
What was the court's decision, and why?
The Osnabrück Administrative Court dismissed the lawsuit. In the court’s view, the woman is not entitled to the Settlement permit.
The judges made it clear: A current illness or inability to work is not sufficient grounds to waive the requirement of 60 months of past pension contributions.
The court referred to the wording of the law. An exception applies only if a requirement cannot be met due to an illness or disability.
This means that the illness or disability must be the reason why the pension contributions could not be paid.
In the plaintiff's case, this connection was not sufficiently proven.
Although the woman had been experiencing health problems for several years, her medical records indicated that she would have been able to perform light work on a full-time basis, at least part of the time.
It was not until 2024 that she was informed that she could no longer expect to be placed in a job. In October 2025, she was finally determined to be permanently unable to work.
In the court’s view, the woman should have been able to work—at least for an extended period—since she was granted her Residence permit in 2009. The fact that she is now permanently unable to do so is therefore not sufficient to waive the requirement for the “ Settlement permit .”
What does this mean for other applicants?
The decision shows that a current illness, disability, or inability to work does not necessarily mean that the Settlement permit will waive the 60-month pension contribution requirement.
Anyone who wishes to receive an exemption due to illness or disability must be able to prove when the illness or disability began preventing them from paying pension contributions.
If a person does not become unable to work until later, even though they could have worked for several years beforehand, it may be more difficult to grant an exception.
It is therefore important for applicants to document their health limitations as accurately as possible. What matters here is not only their current state of health, but also how long the illness or disability has existed and to what extent it has limited their ability to work in the past.
Whether an exception is granted is at the discretion of the authorities and depends on the specific case.
An Overview of the Key Points
- To qualify for a residence permit for long-term residents ( Settlement permit ) under Section 9 of the Residence Act (AufenthG), various requirements must be met. These include, among other things, having a secure means of support and 60 months of pension contributions.
- If an applicant is unable to meet certain requirements due to an illness or disability, the agency may grant an exception and waive those requirements.
- However, the decisive factor is always whether the illness or disability is the reason why the relevant requirement cannot be met.
- If the requirement could have been met in the past, an exception may be ruled out.
- As a general rule, the illness or disability must be documented by a medical certificate or expert opinion.
