Permanent residence in Germany
with the certificate of establishment

At some point, every foreigner has the right to permanent residence in Germany. The settlement permit is the unlimited residence title that allows you to live and work legally in Germany – forever!

With the settlement permit you get many rights that make your life easier, more pleasant and safer:

  • You are allowed to live permanently with your family in Germany.
  • You may legally work as an employee in Germany.
  • You are allowed to start your own business.
  • You may travel.
  • They may apply for loans from banks.
  • You no longer have to attend appointments at the Foreigners’ Registration Office.

In order to obtain a certificate of establishment, numerous requirements must be met. Depending on which previous residence title you have, there are various special regulations. It’s complicated, but that’s exactly what we’re here to help you with!

Have your claim checked free of charge!

We check for you whether you are entitled to receive the settlement permit and tell you which requirements may still be missing. We take into account all exceptions and special cases to find the best solution for you.

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Certificate of Establishment

Requirements for obtaining the certificate of establishment

According to § 9 of the Residence Act (AufenthG), the following basic requirements must be met in order to obtain the settlement certificate:

They have held a legal residence permit (residence permit, EU Blue Card, ICT Card, Mobile ICT Card or visa) for at least 5 years and have been staying in the Federal Republic of Germany since then.

You can use your regular income to support yourself and your family independently and without government benefits. If you are married, this requirement only applies to a domestic partner.

You must have paid at least 60 months’ contributions into the statutory pension insurance scheme. Alternatively, you may provide evidence of a comparable utility service. If you were unable to work for a while because you were raising children or caring for a relative, you will have to provide evidence of correspondingly fewer compulsory contributions.

They must not pose a threat to public safety and order in Germany.

You have permission to work in Germany.

You speak German sufficiently well and can prove this (language course or similar).

They know what is allowed or forbidden in Germany and have knowledge about the local living conditions. These can be proven, for example, with a certificate of a naturalization test, integration course or school-leaving certificate.

You have an apartment that is large enough for you and your family members.

It is also easier and faster!

These are the standard requirements. However, there are many exceptions and special regulations. So you can often get the settlement permit even after 3 years. We will examine your individual case free of charge and tell you how to obtain a settlement permit as quickly as possible.

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Settlement permit

Settlement permit WITHOUT payment into the pension fund

Normally, you have to pay 60 monthly contributions into the statutory pension fund in order to receive the settlement permit. Fortunately, there are some exceptional cases where you do not have to pay the contributions. We will be happy to check for you whether one of the exceptional cases applies to you.

You must meet the following requirements:

  • You have been in Germany for 5 years and have a residence permit.
  • You have received “refugee status” in the asylum decision.
  • You have your own income and do not receive social welfare (ALG II).
  • You have a language certificate of A2.
  • You have been in Germany for 3 years and have a residence permit.
  • You have received an asylum decision with “refugee status”.
  • You have your own income and do not receive social welfare (ALG II).
  • You entered Germany as a minor (under 18 years of age).
  • You have been in Germany for 5 years and have a residence permit.
  • You have been a civil servant for 3 years.
  • The settlement permit is issued by the Federal Ministry of the Interior.

Settlement permit

Settlement permit already after 3 years

Normally you have to live in Germany for at least 5 years before you get the settlement permit. However, there are various ways to obtain the permit after only 3 years.

  • You have been in Germany for 3 years and have a residence permit.
  • You have received your asylum decision with “refugee status”.
  • You have your own income and do not receive social welfare (ALG II).
  • You have a language certificate of C1.
  • You have been a civil servant for 3 years
  • The settlement permit is issued by the Federal Ministry of the Interior.
5 tips

How to speed up your application process

In any case, you should submit all required documents clearly and completely to the Aliens’ Registration Office. Applications are not reviewed on the day they are submitted, but only after a few weeks or months by the responsible processor. If you have forgotten documents, a subsequent request will be made and you will have to wait again until the processor has time to process your application. This can prolong the application process enormously!

We recommend that you submit the application with Migrando. This gives you a lot of advantages that can speed up your process enormously.

Firstly, when you apply with the help of Migrando, you are ensured that you receive proof of application and that the application was actually made in writing. On the other hand, Migrando hires lawyers for the application process. Already at the time of application, the foreigners authority knows that long processing times will lead to trouble with the German lawyers.

If a decision on your application for a settlement permit has still not been made after 3 months, you can file an action for failure to act or instruct Migrando to do so. In Germany, authorities must decide on applications within 3 months. This follows from Section 75 of the Administrative Court Code.

After filing a lawsuit, the competent administrative court obliges the foreigners authority to decide on the application for a settlement permit so that you finally get a result.

If you have come to Germany as a refugee and have received an asylum decision from the Federal Office for Migration and Refugees (BAMF), the BAMF must inform the Foreigners’ Registration Office whether the conditions for revoking or withdrawing the asylum decision have been met.

In practice, this requirement regularly delays the issuance of the settlement permit by months. The responsible foreigners authorities make the request, but the BAMF usually does not respond.

Only when Migrando’s lawyers file an action for failure to act will the case be processed. You can also prevent this by submitting your application in good time.

You can avoid long proceedings if you regularly ask the foreigners authority in writing to comment on the status of the proceedings, which requirements are still being checked and ask for a date when a decision can be expected.

Migrando may request the administrative file at any time through the appointed attorneys. If this shows that the foreigners authority has been inactive for several months, an action for failure to act can also be filed for this reason.

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Live-Event!

Wann?

🕒 Heute, 16 – 20 Uhr

Was?

❓ Beantworten von Kommentaren
💬 Individuelle Sessions mit dir
🎁 Giveaway: Migrando-Merchandise

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Use our simple callback service. We will then contact you as quickly as we can, to help! Or leave us a message so that we can answer your questions as soon as possible.

New law for tolerance permit (Duldung) !

Livestream with lawyer Fabian Graske

On Wednesday, 19.10.2022 at 18:00 o’clock the German Bundestag decides on a law so that tolerated foreigners in Germany get a right of residence faster. Attorney Fabian Graske comments in this livestream for Migrando if and when the law comes into force.

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