The Case: Settlement permit the Basic Income?
The plaintiff was a Serbian national who has lived in Germany for many years and is married to a German woman. He applied to the relevant Foreigners' office Settlement permit. However, the authorities rejected the application.
The agency explained that the man receives benefits under SGB II (citizen’s income) and is unable to support himself. From the agency’s perspective, this argued against granting the Settlement permit.
The man appealed the decision. In court, he explained that he was unable to work due to his wife’s serious illness. His wife suffers from multiple sclerosis and relies on assistance with daily activities. The man provides most of the care, manages the household, and looks after their children.
The Job Center also confirmed in writing that the man is exempt from job placement requirements because caring for his wife prevents him from holding down a regular job.
What are the usual requirements for a Settlement permit?
To obtain a Settlement permit , certain requirements Settlement permit be met. One of the most important is the ability to support oneself —without relying on public funds such as basic income or welfare.
In this case, the man applied for Settlement permit Section 28(2) of the Residence Act. This provision applies to individuals who are married to a German citizen.
Important: Marriage and a long-term stay in Germany alone are Settlement permit sufficient to qualify for a Settlement permit . In general, the general requirements must also be met—in particular, proof of sufficient means of support.
A secure livelihood is not required under certain conditions
The Administrative Court of Hanover ruled in favor of the plaintiff. The judges ordered the Foreigners' office to issue the man a Settlement permit – even without a guaranteed source of income.
In the court’s view, this was a so-called “atypical case.” This means that the plaintiff’s personal circumstances differ so significantly from the typical case that a strict application of the legal requirements is not appropriate.
The court considered the couple’s unique family situation to be the decisive factor. The wife requires long-term care, and the plaintiff bears full responsibility for her care. As a result, he is effectively unable to support himself through employment.
The court made it clear that, in such an atypical situation, the lack of means to support oneself should not Settlement permit in denying a Settlement permit .
Is caring for a family member always sufficient grounds for an exception?
No—the ruling does not mean that, from now on, an exception regarding living expenses can be made for all applicants who care for a family member. The court explicitly emphasizes that this man’s case is a special, isolated instance.
The ruling does not, therefore, establish a new general rule applicable to all cases. However, it does show that authorities and courts must carefully assess whether an exceptional burden exists. An exception may be made, particularly in cases where a family member requires extensive long-term care.
What other exceptions apply to the Settlement permit?
In addition to such individual cases, however, there are other situations in which proof of sufficient means of support is not required (or is only required to a limited extent) for the purpose of establishing residence. These include, for example:
Illness or disability
If someone is permanently unable to work for health reasons, the requirement to support oneself may be waived. This applies, for example, in cases of serious physical or mental illness or a recognized disability.
However, in order for the Foreigners' office to recognize Foreigners' office , the health-related limitations must be properly documented—usually through medical certificates, expert opinions, or certificates of incapacity to work.
Joint Living Expenses in Marriage
For married couples, the ability to support themselves for the purposes of Settlement permit is Settlement permit assessed jointly. This means that it is not necessarily the income of a single person that matters, but rather the financial situation of the entire household. Therefore, if one spouse earns enough, this may, under certain circumstances, be sufficient to support both of them.
Children and young adults
Special rules regarding living expenses also apply to minors and young adults.
Minors who have held a residence permit for at least five years as of their 16th birthday are entitled to a Settlement permit under Section 35(1), first sentence, of the Residence Act, without having to prove that they have sufficient means of support.
For young adults, Section 35(1), second sentence, of the Residence Act provides that: Anyone who entered the country as a minor and has held a residence permit for family or humanitarian reasons for at least five years may also Settlement permit for a Settlement permit . Proof of sufficient means of support is not required if the applicant is enrolled in school, vocational training, or a degree program at the time of application.
Recognized refugees and persons entitled to asylum
Recognized refugees and persons entitled to asylum are Settlement permit subject to less stringent requirements for the Settlement permit . In many cases, it is sufficient if they are able to cover the majority (i.e., at least 51 percent) of their living expenses themselves.
Conclusion
A secure means of support remains a key requirement for a Settlement permit. However, the ruling by the Administrative Court of Hanover shows that there can be exceptions—especially in special personal or family circumstances.
However, each case must always be considered on its own merits. If there are exceptional circumstances, such as a serious illness or a need to provide care, it may be advisable Foreigners' office review the decision of Foreigners' office or seek legal advice.
