If you have a training position in Germany or are studying here, you should definitely also apply for a settlement permit (an article about the many advantages of a settlement permit can be found here).
For this, you must fulfill various requirements, which can basically be found in § 9 AufenthG. In our experience, young people have particular problems proving that they have a secure livelihood (§ 9 para. 2 sentence 1 no. 2) . At Migrando, we want to help you get your settlement permit. Therefore, we explain in this article whether and how you can get the settlement permit as a student or trainee despite BaföG, mini-job or training support.
If you still have questions after that, just click here and take our free test.
Summary
I. Settlement permit according to § 9 para. 2 Residence Act
In principle, the strict requirements of § 9 II AufenthG must be met for the issuance of a settlement permit. For young people who are still in training or studying, there is in §9 para. 3 sentence 2 AufenthG a facilitation.
But does the trainee privilege from § 9 para. 3 p. 2 also in the case of financial problems?
No, unfortunately not! According to unanimous legal literature, individuals who are undergoing training leading to a recognized educational or vocational qualification, solely from the proof of old-age provision within the meaning of § 9 para. 2 S. 1 no. 3 freed. This means that under this provision, it is not easier for you to prove your financial security. But can the money from the trainee grant or the BaföG be used to cover living expenses?
Securing livelihood through Bafög/trainee support?
Gem. § 2 para. 3 AufenthG, subsistence is assured if it can be met, including sufficient health insurance coverage, without recourse to public funds. Public funds in this sense include, pursuant to. § 2 para. 3 p. 2 no. 5 precisely not BAföG, so that it remains eligible as income.
The problem lies in forecasting the future
However, the ability to support oneself from one’s own resources must not be temporary.[1]
This means that through Bafög, scholarships or your salary during an education, your livelihood is currently considered to be secured. But because these payments are often time-limited, the agency’s future prognosis may still be negative. Indeed, the immigration authorities require a “reliable compensation”[2] for the time after your studies or training when these payments cease.
Important factors for the forecast of the foreigners authority are:
- Your age
- Your employment history [3]
The authority wants to know if you have ever earned your own money before. - Job offers
Employment contracts or job offers are the best way to prove that you have a long-term livelihood. - Your social and economic integration in Germany
The Foreigners’ Registration Office wants to find out how good your job prospects are in Germany.
With this forecast decision, the German legislator wants to ensure that you will not need money from the state in the future. This is because a settlement permit is an unlimited right of residence and thus gives you the opportunity to live permanently in Germany.
When do I get the settlement permit?
Against the argument of the shortage of skilled workers and the proof of examination performanceIn the Administrative Court of Munich has expressed itself as follows:
“Particularly in view of the fact that the settlement permit, as a permanent residence title and thus in principle unlimited in time and content as a fully comprehensive right of residence, detached from an original purpose, a favorable prognosis cannot be granted solely because the plaintiff’s livelihood is temporarily secured due to the granting of BAföG benefits. Although the submitted certificate from the university gives the impression that the plaintiff will complete his studies (in an indefinite period of time), this alone does not suffice to none statement about the smooth entry into the professional world and thus about reliable compensation for the BAföG benefits received. Despite labor shortages in some industries, by no means every university graduate succeeds in signing an employment contract immediately after graduation.”[4]
Follow-up problems (mini-jobs, fixed-term employment contracts…)
As you can see, such a forecast for the future offers many uncertainties that remain to be resolved.
- (P1): Temporary employment contracts:
Do not preclude livelihood security, unless the circumstances of the individual case indicate otherwise. - (P2): Mini-jobs:
are generally required to secure their livelihood. suitable – but also sufficient in the specific case? - (P3): Trainees/students over 30 (who are not entitled to Bafög or trainee assistance)
Probably not able to sustainably secure livelihood from own resources for the time being
“The harmless benefits (according to § 2 III S. 2) are equal to own resources, since they either serve the needs of children [ … ] or are based on the foreigner’s own contribution [ … ] or are precisely intended to cover the need for maintenance during the stay in the Federal territory (e.g. scholarships).” [5]
“Harmful benefits” under residence law, the receipt of which does not ensure subsistence under sec. 5 Para. 1 No. 1 AufenthG can be secured and which, conversely, lead to the assumption of a lack of maintenance, are, on the other hand, ALG II benefits, social welfare benefits, basic security benefits, social assistance or corresponding benefits under SGB VIII or under the AsylbLG, which are not based on contributions.”[6]
The sustainability requirement could be argued against:
” [ … ] However, this is contradicted by the fact that para. 2 S.1 No.2 – different from par.2 S.1 No.4 – not to §9a Para.2 No.2 was aligned. This standard, through the requirement of fixed and regular income, requires that maintenance be secured on a permanent basis. In this respect Wording (“… is secured …”) and system of laws provide no basis for a narrow interpretation.”[7]
II. Establishment permit according to § 35 para. 1 Residence Act
This provision is a special favorable regulation for children born in Germany and/or brought up here (i.e. raised here). This sollow people to obtain a settlement permit from the age of 18 at the latest.
Alternative 1: § 35 para. 1 S. 1:
a) direct application
A minor who has held a residence permit for five years on his or her 16th birthday, receives a settlement permit. No further requirements are demanded.[8] “In particular, a lack of livelihood security for this group of persons (only) to the fact that the entitlement to grant is replaced by a Discretion according to the regulatory regime of § 35 III 1 No. 3 u. S. 2 steps.”[9] That is, the SThe provision of a livelihood is not mandatory in this case!
When dhe residence permit is not for the purpose of family reunification has been granted, Section 35 is not directly applicable. However, a corresponding application in the cases of § 26 paragraph 4 sentence 4 is possible.
b) Application via § 26 AufenthG (NE for humanitarian reasons)
The application of § 35 is also possible via the reference in § 26 IV S 4. This also means here apply errelaxed conditions!
Alternative 2: § 35 para. 1 S. 2:
The legislator places higher requirements on this group of adult applicants. In the case of older youths, the presumption of integration into German living conditions is less justified because they have spent a longer part of their youthful development abroad and have been more strongly influenced there than the group covered by sentence 1.[10]
Prerequisites:
- Voll age
- Residence permit according to §§ 27 ff. Residence Act (family reasons) exists since min. 5 years
- Sufficient knowledge of German
(Bf you have attended a German-speaking school for more than four years, it can be assumed[11].) - Livelihood secured OR Training leading to a recognized qualification [12]
(A recognized educational qualification is offered by secondary schools, vocational schools, or other public or private educational institutions[13] & universities[14].) - No reason for refusal within the meaning of Section 35 (3)
(interest in deportation, criminal act, failure to secure livelihood)
In the event that there is a reason for refusal, a discretionary decision in accordance with Section 5.1 shall take the place of the entitlement to grant. § 35 para. 3 p. 2 AufenthG.
Possible evidence:
- Training contracts, if applicable
- Takeover confirmations
- Testimonials
- Exam results
Legal consequence: entitlement to grant
We enforce your right!
III. summary
The problem of securing a livelihood for the settlement permit is extremely complex. For young people in particular, it still represents a major hurdle and raises many questions. Therefore, we at Migrando would like to help you obtain the settlement permit even as a trainee or student. It all depends on your individual situation. Feel free to take our free test here to find out if you meet the requirements for a settlement permit.
[1] VG Munich, 22.03.2012 – M 12 K 12.298 Rn. 26.
[2] VG Munich, 22.03.2012 – M 12 K 12.298 Rn. 29.
[3] cf. OVG Berlin – Brandenburg of 28.2.2006 Ref.: OVG 11 S 1306.
[4] VG Munich, 22.03.2012 – M 12 K 12.298 Rn. 28.
[5] V. Harbou/Weizsäcker ImmigrationR, H. Access to social benefits and livelihood security para. 18.
[6] V. Harbou/Weizsäcker ImmigrationR, H. Access to social benefits and livelihood security para. 19.
[7] NK-AuslR/Kerstin Müller, 2nd ed. 2016, § 9 para. 13.
[8] Bergmann/Dienelt/Dienelt, 13th ed. 2020, AufenthG § 35 Rn. 6.
[9] Bergmann/Dienelt/Dienelt, 13th ed. 2020, AufenthG § 35 Rn. 7.
[10] VGH BW, B. v. 5.2.2019 – 11 S 1646/18 Rn 10; OVG BB, U. v. 22.3.2018 – OVG 12 B 11.17 Rn 26.
[11] Bergmann/Dienelt/Dienelt, 13th ed. 2020, AufenthG § 35 Rn. 19.
[12] https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererDrittstaaten/Migrathek/Niederlassen/niederlassen-node.html (as of:2020)
[13] Bergmann/Dienelt/Dienelt, 13th ed. 2020, AufenthG § 35 Rn. 20.
[14] No. 35.1.4 AVV-AufenthG; NK-AuslR/Thomas Oberhäuser, 2nd ed. 2016, AufenthG § 35 Rn. 12.
