An unlimited residence title such as settlement should only be granted if the person concerned and his or her family have sufficient living space at their disposal. The reason for this is that unlimited residence permits should only be issued if all basic needs are secured. This also includes the availability of sufficient living space.
The decisive question that arises here is what exactly is meant by "sufficient" in this context. First of all, it should be noted that a certain apartment size does not have to be achieved. The required apartment size and condition depends entirely on the individual case and is mainly determined by the size of your family.
The standard for determining sufficient living space is regulated in Section 2 (4) of the Residence Act. According to this, living space is insufficient if it does not meet the legal requirements that also apply to Germans with regard to condition and occupancy. Children under the age of two are not taken into account in the calculation.
As a rule, living space is sufficient if twelve square meters of living space are available for each family member over the age of six and ten square meters for each family member under the age of six. In addition, ancillary rooms such as the kitchen, bathroom, and toilet must be able to be shared to a reasonable extent. Proof of adequate living space can be provided, for example, by means of a rental agreement, purchase contract or a housing certificate from the landlord.
