Settlement permit
- Berlin -
Settlement permit in Berlin
The settlement permit is the only residence title, apart from the EU permanent residence permit, that is granted for an unlimited period of time. It allows you, for example, to permanently establish your residence in Berlin and to live and work in Germany without any restrictions. You can work as a self-employed or employed person and, under specific conditions, there is even the possibility of obtaining a permanent residence permit-EU, which allows access to the European labor market.
Requirements for a settlement permit in Berlin
In order to obtain a settlement permit, certain conditions must be met, which, however, depend on your previous residence title. Basically, however, the following conditions must be met according to § 9 AufenthG:
- Five-year legal residence in Germany
- Secured livelihood
- Proof of pension provision
- No reasons of public safety or order
- Language skills and knowledge of the legal and social order
- Adequate housing
- Residence in Berlin
Five-year legal residence
In order to be granted a settlement permit in Berlin, you must first have held a residence permit for five years. Occasional, very short trips abroad within this five-year period are permitted and are harmless.
It should be noted, however, that the Residence Act contains special regulations that allow certain groups of people to obtain a settlement permit even before the 5 years.
In particular, the following groups of persons are covered by such special provisions:
Skilled workers (without an EU Blue Card) can apply for a settlement permit after only 4 years, while Blue Card holders can do so after 33 months or, with appropriate language skills (B1), after only 21 months. Self-employed persons, family members of a German citizen and foreign spouses can be granted a settlement permit after 3 years. Persons entitled to asylum will have the duration of their asylum procedure credited to the time of their legal residence.
Secured livelihood
In order to obtain a settlement permit in Berlin, the livelihood of you and your family must be secured. It is important here that there is no recourse to public funds. The determination of need and income is based on the regulations of the SGB II and SGB XII. All members of the community of need are taken into account by the State Office for Immigration.
Public funds do not count as:
- Child benefit
- Child supplement
- Parenting Benefit
- Parenting Benefit
- Unemployment benefit I
- BAföG
- Child benefit
- Child supplement
- Parenting Benefit
- Parenting Benefit
- Unemployment benefit I
- BAföG
If a person cannot meet this requirement due to a physical, mental or psychological illness or disability, the competent authority is not required to provide proof of the person's ability to support himself or herself, Section 9 (2), sentence 6 in conjunction with sentence 3 of the Residence Act.
Proof of pension provision
Another requirement for the granting of a settlement permit in Berlin is the old-age provision. For this, you must have made sixty compulsory or voluntary contributions to the statutory pension insurance. Proof of entitlement to comparable benefits from an insurance or pension institution or an insurance company is also sufficient. If you apply for a settlement permit together with your spouse, it is sufficient that one of you fulfills this requirement.
Language skills and knowledge of the legal and social order
In order to obtain a settlement permit in Berlin, you must have certain knowledge regarding the German language and Germany in general.
They must have German language skills at B1 level and knowledge of the legal and social order as well as living conditions in the Federal Republic. Proof of this is the successful completion of a language test and the completion of an integration course. Alternatively, school-leaving certificates can also serve as proof. The State Office for Immigration can also conduct a personal interview with you to gain an impression of your language skills.
Here, too, there are some exceptions. According to Section 9 (2) of the Residence Act, proof of language skills is not required if, for example, you cannot fulfill this requirement due to a physical, mental or psychological illness or disability.
No conflicting reasons of public safety or order
The competent authority may refuse to issue a settlement permit in Berlin on grounds of public safety or order. In this case, the public interest is weighed against your interests. Such an opposing public interest may arise, for example, in the case of conduct relevant under criminal law. The type and severity of the violation of public safety or order and the danger you pose on the one hand, as well as the duration of your previous stay and the existence of ties in the Federal territory on the other hand, will be taken into account.
Adequate housing
In order for a settlement permit to be issued in Berlin, you must have sufficient living space for yourself and your family members. The assessment of whether the available living space is sufficient depends on two factors: The nature (size) and occupancy (number of persons) of the living space.
There must be sufficient space to provide at least 12 square meters of living space for each family member older than six years of age and at least 10 square meters of living space for each family member who has not yet reached the age of six. Also, the adjoining rooms (kitchen, bathroom, WC) must be usable to a reasonable extent. Infants under two years of age are not included in the calculation of living space. A shortfall of the required living space by approx. 10% is not problematic.
Procedure in Berlin
The settlement permit is only granted upon application, Section 81 (1) Residence Act. The application must be submitted to the competent authority. The responsibility depends on your place of residence. In Berlin, the State Office for Immigration is responsible.
The duration of the process of granting the settlement permit may not exceed three months in principle. However, the State Office for Immigration in Berlin is overburdened, so that in practice the processing of the application and the granting of the settlement permit can take much longer. In such cases, you as the applicant have the option of bringing an action for failure to act pursuant to Section 75 VwGO.
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