We explain when and how you can apply for a permanent residence permit. An unlimited Residence permit residence permit not only entitles you to stay in Germany permanently, but also brings many other benefits for you and your family.
Permanent residence permit - what is it?
Foreigners generally need a permit to stay in Germany.
This residence permit is issued on application by the competent authority Foreigners' office .
It is always limited in time and can be extended or converted into an (unlimited) Settlement permit permit, for example, in accordance with the statutory provisions.Source: Federal Ministry of the Interior and for Home Affairs
In principle, residence in Germany is only permitted for a limited period of time, i.e. temporarily. However, if you have had a residence permit for several years, it may be possible for you to obtain a permanent residence permit in Germany, which will give you almost the same rights as Germans and allow you to stay in the country permanently.
You can find an overview of various open-ended Residence permit on the
Website of the Federal Ministry of the Interior and for Home Affairs
For foreigners who came to Germany after 2015, Settlement permit is probably of the greatest importance. We would therefore like to provide you with all the information you need on this topic here.
The unlimited Residence permit and its advantages
The advantages of Settlement permit are complex and have great significance. They bring a big change for you as the owner. We have summarized the most important advantages for you here:
The advantages of the permanent residence permit
- Secured residence
Settlement permit enables you to live permanently in Germany. - Easier family reunification
Settlement permit will make it much easier for you to bring your family to Germany. - Better credit rating
Loans enable you to make larger investments, e.g. to buy a house or open a business. - Free entry and exit
The Settlement permit gives you a virtually unrestricted travel permit. - Unrestricted work permit
You can change jobs or start a business without any problems. - No earmarking
Settlement permit does not simply cease to apply when your studies, training or marriage ends. - Secure future prospects for you and your family
One major advantage is the planning security you get with Settlement permit . - No more stress with the immigration authorities
With permanent residence status, you are largely spared having to go to Foreigners' office . - Don't be afraid of deportation
With very special exceptions, your permanent Settlement permit residence permit cannot be taken away from you.
Legal basis for the permanent residence permit
As a general rule, every settlement permit, regardless of its legal basis, is unrestricted in terms of time and territory. It also allows you to work and live securely in Germany. For these reasons, a permanent residence permit is extremely desirable for you and your family.
When will I receive the Settlement permit?
Basic requirements for a permanent residence permit
Settlement permits are issued according to different requirements and legal bases. As you will find out in the next section, the type of Settlement permit depends largely on your right of residence. For this reason alone, it is not always easy for foreigners to find out which requirements they must meet.
Overview of the requirements
- Residence permit for 5 years
Legal residence in Germany for at least 5 years is required to obtain a Settlement permit . - Secure means of subsistence
In order to obtain a permanent residence permit, you must be able to support yourself and your family independently and without state support (e.g. unemployment benefit II). Certain social benefits such as child benefit are excluded from this. In the case of spouses, only one of them needs to meet this requirement. - Pension contributions
In order to obtain a permanent residence permit, as an applicant you must also have paid at least 60 monthly contributions to the statutory pension insurance or a comparable pension scheme (e.g. private health insurance). - Basic exemption from punishment
You must not have been sentenced to a juvenile or prison sentence of at least 6 months or a fine of more than 180 daily rates in the last 3 years for an intentional criminal offense. You must also not pose a threat to public safety or order. - Employment permit
You must generally be permitted to work in Germany in order to obtain a permanent residence permit. For certain professions, a corresponding professional license is also required. Self-employed applicants in particular must submit the necessary permits for their specific occupation. - Sufficient knowledge of German
You must have sufficient knowledge of German to obtain the Settlement permit . This can be proven by a language certificate. Here you must achieve at least language level B 1. - Integration course
To obtain a permanent right of residence, you must prove that you have a basic knowledge of the legal and social order and living conditions in Germany. Successful completion of the integration test "Test - Living in Germany" is considered proof of this. However, proof can also be provided by the successful completion of a school course or other training that imparts such knowledge. - Sufficient living space
In order to obtain a permanent residence permit, you must have sufficient living space for your entire family. The easiest way to prove this is with a valid tenancy agreement. It is particularly important that the quality and size of the accommodation is sufficient for the number of family members.
At least 12 m² is required for each person over the age of 6.
For a child under 6 years of age, 10 m² is sufficient. Children under the age of two are not taken into account when calculating the required living space. Deviations of 10% are generally permitted.
In addition, ancillary rooms such as the kitchen and bathroom are essential.
These standards are based on the general administrative regulation to the Residence Act and can be found there in Art. 1 para. 2.4.
The costs of a permanent residence permit
The permanent right of residence costs between €100 and €150 per person. The price depends on the type of residence permit applied for Settlement permit. As a rule, the cost for most applications for a permanent right of residence is €113. However, €147 must be paid for a Settlement permit for highly qualified persons and €124 for self-employed persons. The legal basis for the fees can be found in § 44 AufenthV.
For minors § Section 50 (1) AufenthV lays down special regulations for minors. According to § 50 para. 1 sentence 1, only 50% of the costs are incurred for children.
Exceptions & special regulations
Depending on which residence permit you currently hold, different legal requirements may apply to you.
This means, in addition to the general requirements just explained from § 9 AufenthG there are various other legal bases that could make it easier for you to obtain a permanent right of residence. In some cases, it is even possible to apply for Settlement permit earlier.
Overview of exceptions and special regulations
- Settlement permit for recognized persons entitled to asylum & refugees
Special simplifications apply to persons entitled to asylum and recognized refugees with regard to securing a livelihood and language skills. In cases of particularly well-integrated persons, a permanent residence permit for recognized refugees is also possible after just 3 years. However, stricter requirements for language skills apply in this case. The legal basis is in § Section 26 (3) AufenthG can be found. - Settlement permit for skilled workers
acc. § 18c AufenthG you can obtain a permanent residence permit after just 4 years if you have a Residence permit for employment as a skilled worker, have paid pension contributions for at least 48 months, are gainfully employed and have sufficient knowledge of German. In addition, the requirements of § 9 para. 2 sentence 1 nos. 2 and 4 to 6, 8 and 9 must be met. - Settlement permit for family members of Germans
If your spouse or registered partner is a German citizen, you can apply for a residence permit in accordance with § 28 para. 2 sentence 1 AufenthG you can obtain a permanent residence permit after just 3 years if you have sufficient knowledge of German and there is no reason to deport you. The same applies if you are a minor and your parent is a German citizen. - Settlement permit for holders of an EU Blue Card
In this case, you can obtain a Settlement permit after 33 months of highly qualified employment. If you have a particularly good command of the German language, it is also possible to obtain a permanent residence permit after just 21 months. - Settlement permit for children aged 16 and over
Minors who have already been in possession of a residence permit for 5 years on their 16th birthday must, in accordance with § 35 para. 1 sentence 1 AufenthG do not have to fulfill any further requirements. For young adults over the age of 18, the slightly stricter requirements set out in Section 35 (1) sentence 2 AufenthG apply. - Settlement permit for self-employed persons
Pursuant to § 21 para. 4 AufenthG as the founder of a company that employs at least 5 people, you can obtain a Settlement permit after holding a residence permit for three years if you have invested at least € 250,000. If these conditions are met, the legislator assumes that there is an overriding interest in your self-employment. - Settlement permit for apprentices/students
If you are doing an apprenticeship that leads to a recognized educational qualification, you do not need to provide proof of 60 monthly pension contributions. There is also relief with regard to your livelihood, as you may receive state support. - Settlement permit For people with illnesses
People who suffer from a serious mental or physical illness or disability do not have to meet all the requirements. Depending on their impairment, they are exempt from some requirements such as independent financing of living expenses, language skills or payments into the pension fund. - Settlement permit for highly qualifiedpersons
If you have special professional knowledge, you have the right to apply for a residence permit in Germany due to your high significance for the German labor market in accordance with § 19 AufenthG you have the opportunity to obtain a permanent Residence permit immediately (e.g. scientists and other specialists). - Settlement permit for former Germans
Former Germans can apply for a residence permit in accordance with § Section 38 (1) sentence 1 no. 1 AufenthG they can obtain a permanent residence permit if they have previously resided in Germany as Germans for five years. In principle, they must be able to support themselves, but
exceptions are possible.
Important notes
It is important that all open-ended Residence permit offer the same benefits, regardless of the legal basis on which they are issued!
However, in order to successfully apply for Settlement permit , it is extremely important to know the appropriate basis for entitlement in the law and to submit the correct documents in full. As this is a major challenge for many people due to the high complexity of the law, we at migrando offer you a free test of your requirements! This allows us to analyze exactly which conditions you still lack and what you still need to bring with you for a successful application.
Apply for a permanent residence permit
In order to apply for a permanent residence permit, you need to find out about the relevant options and requirements in advance.
The many different paragraphs impose different strict requirements for the granting of a permanent residence permit. To find out which legal basis applies in your case, simply take our free test for an unlimited residence permit here Residence permit.
When and how you should apply for a Settlement permit is explained here.
Important documents for the residence permit
The main documents you need for the application are
- Valid identity document (passport or passport substitute)
- Current biometric passport photo
- Proof of residence in Germany for 3 or 5 years (varies depending on the legal basis)
- Sufficient proof of salary (requirements for the amount also vary here)
- Work permit, professional license or permit to exercise gainful employment
- Proof of health insurance (statutory or private)
- Rental agreement or proof of home ownership
- Language certificate (varies depending on the legal basis)
- Certificate of participation in an integration course
- Proof of receipt of other benefits
(e.g. child benefit, child supplement, parental allowance, childcare allowance or similar benefits) - Certificate of pension contributions paid, if applicable
- School certificates or proof of training, if applicable
- Employment contract, if applicable
- If applicable, tax assessment notices (for self-employed and freelancers)
- Severely disabled person's pass, if applicable
- If applicable, pension certificate (in case of disability or retirement age)
- Current expert opinion, if applicable (in the event of disability or reduced earning capacity)
- If applicable, audit reports from auditors or tax consultants (for self-employed persons and freelancers)
The significance of the various documents
The documents required vary from case to case and depend on the legal basis on which you are basing your application for a permanent residence permit. In addition, the examination is left to the regional Foreigners' office , as a result of which various procedures have been established. Thanks to our many years of experience with immigration authorities throughout Germany, we can submit your application with legal certainty.
Necessary documents missing - What now?
If you are currently missing the documents required to apply for a permanent residence permit (such as a valid national passport, a written tenancy agreement or successful participation in the integration test), we at migrando will almost always find a way to replace the missing documents or submit them later. So don't worry if you are still missing documents.
This is how the permanent residence permit with migrando
Due to the many difficulties and the enormous number of application procedures, we strongly recommend that you apply with migrando with migrando!
Advantages of a residence permit with Migrando
On the one hand you get with the help of migrando you will receive proof (legal acknowledgement of receipt) of the application, which can be of great importance later on.
On the other hand, migrando can use experienced lawyers to submit your application for a permanent residence permit to the competent authority with legal certainty. This means that your application will be given preferential treatment directly, as Foreigners' office knows that a lawyer can submit an Lawsuit for failure of act in accordance with Section 75 VwGO if the application takes a long time to process. § 75 VwGO can file an appeal.
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.
The advantages of applying through migrando in a nutshell:
- No errors when completing the application
- Enormously accelerated procedure
- Uncomplicated process
- Enforcement of your claim in court if necessary
Summary
If you would like to live and work in Germany permanently and without restrictions, and finally lead a secure life with prospects for the future, we strongly recommend that you apply for a permanent residence permit.
The Settlement permit is probably the most relevant permanent residence permit in practice and offers countless advantages for you and your family. It can be based on different legal bases and therefore has very different requirements. For this reason, an individual examination of your circumstances is necessary in order to be able to make a reliable statement about your chances of success.
We at migrando have developed a free online test for this purpose, which determines and then queries all the requirements for your specific case. If you achieve a positive result, it is advisable to submit an application to the relevant Foreigners' office immediately.
We at migrando are happy to help you! Our cooperation with experienced lawyers enables us to provide legally secure support and enforce your rights before the immigration authorities or even in court.
