Settlement permit
- Munich -
Settlement permit in Munich
Obtaining a settlement permit allows you to stay in Germany for an unlimited period of time. With it, you can permanently consolidate your residence, work and live in Germany without any ancillary conditions. With a settlement permit, you can, for example, pursue employment in Munich as an employee as well as be self-employed. Under certain conditions, it is even possible to obtain a permanent residence permit-EU, which facilitates your access to the entire European labor market.
Requirements for a settlement permit in Munich
The requirements you have to fulfill in order to get a settlement permit in Munich depend strongly on your previous residence title. In general, however, the following criteria must be met according to § 9 AufenthG:
- In principle, you must have been legally resident in Germany for 5 years
- Your livelihood must be secured
- You must have made pension contributions
- There must be no conflicting reasons of public safety or order
- You must have sufficient language skills and knowledge of the legal and social order
- You must have sufficient living space available
- You must have your residence in Munich
Legal residence for 5 years
To obtain a settlement permit in Munich, you must have lived legally in Germany for five years. In other words, you must have a (temporary) residence title. If you have made short trips abroad during this time, this is harmless.
In this regard, it should be noted that there are special regulations in the Residence Act for certain groups of people, which make it possible for you to receive a settlement permit in Munich even if you have not yet lived in Germany for 5 years without interruption.
Special regulations
- Skilled workers (without EU Blue Card): 4 years
- EU Blue Card: 33 months plus 21 months with sufficient language skills (level B1)
- Self-employed: 3 years
- Persons entitled to asylum: The residence periods of the asylum procedure are credited
- Family members German: 3 years
- Foreign spouse: 3 years
Securing the livelihood
In order for you to be granted a settlement permit in Munich, the livelihood of you and your family members must be secured. According to Section 2 (3) of the Residence Act, this is the case if you are able to cover your living expenses, including sufficient health insurance coverage, without state assistance or without drawing on public funds.
There are also special regulations regarding the question of a secure livelihood, which may apply in individual cases. In this regard, we will be happy to answer your individual questions in connection with obtaining a settlement permit in Munich.
Public funds do not include:
- Child benefit
- Child supplement
- Parenting Benefit
- Parenting Benefit
- Unemployment benefit I
- BAföG
- Child benefit
- Child supplement
- Parenting Benefit
- Parenting Benefit
- Unemployment benefit I
- BAföG
Special regulations apply to:
- Students
- Researchers
- Dependent
- Persons, who are listed in § 28 Abs. 1 AufenthG
- Physically, mentally or emotionally ill people
Pension contributions
In order to obtain a settlement permit in Munich, your old-age provision must also be secured. In this respect, it is necessary that you have already made either sixty compulsory contributions or sixty voluntary contributions to the statutory pension insurance.
In case you intend to apply for a settlement permit for yourself and your spouse, it is sufficient if this requirement is fulfilled by one of you.
You can find out whether you have already made sixty contributions to the statutory pension insurance by applying to the German pension insurance for so-called "Wartezeitauskunft" (waiting period information). This letter will also enable the responsible foreigners authority to see whether you meet this requirement.
Sufficient language skills and knowledge of the legal and social order
You must have sufficient language skills and knowledge of the legal and social order and of living conditions in the Federal Republic. You fulfill this requirement if you have successfully passed at least the level B1 language test and have successfully completed an integration course. There are various ways of providing proof of this, including a school-leaving certificate.
No conflicting reasons of public safety or order
If reasons of public safety or order speak against obtaining a settlement permit in Munich, the competent authority may refuse to issue it. In doing so, the authority weighs the interests of the applicant against the public interests. For this purpose, the Munich Aliens Department will weigh the public interest in averting danger against your individual interest in permanent residence in Germany on a case-by-case basis. Such a public interest exists, for example, in the case of violations of the legal system and, in particular, in the case of behavior relevant under criminal law.
Sufficient living space
You must have sufficient living space for yourself and your dependents in order to obtain a settlement permit in Munich. Whether your living space is sufficient depends on two factors: Condition (size) and the occupancy (number of persons) of your living space. Basically, living space is sufficient if each family member over the age of six has 12 square meters of living space and each under the age of six has 10 square meters. In addition, the ancillary rooms, such as kitchen, bathroom and toilet, must be able to be shared to a sufficient extent. When calculating the sufficient living space for obtaining a settlement permit in Munich, only infants under the age of 2 are not considered. A shortfall of approx. 10% of the sufficient living space calculated in this way is harmless.
Advantages of a settlement permit
If you as a foreigner have already lived in Munich for the required period of time, applying for a settlement permit in Munich is the logical next step. In contrast to temporary residence titles, the settlement permit is basically unlimited and thus offers a long-term perspective for your stay in Germany and in Munich.
The settlement permit gives you the opportunity to live and work in Germany without any restrictions. You can pursue both salaried and self-employed gainful employment. This can be a great advantage if you want to build your career in Munich or in another part of Germany.
Furthermore, a settlement permit offers a certain stability, as they are usually not bound to certain conditions. So if you plan to live and work in Munich or elsewhere in Germany, it is advisable to apply for a settlement permit.
Proceedings in Munich
Pursuant to Section 81 (1) of the Residence Act, the settlement permit is only granted upon application. The application must be submitted to the Munich District Administration Office.
The processing time for the issuance of the settlement permit may not exceed three months in principle. However, the Munich Foreigners' Registration Office is overloaded, so that in practice processing takes much longer. In such cases, applicants have the option of bringing an action for failure to act in accordance with Section 75 VwGO.
Which specific requirements you have to fulfill in your case depends on the circumstances of your individual case and can therefore not be answered in general in the last consequence. If you are aiming to apply for a settlement permit in Munich, it is advisable to seek legal advice in order to avoid mistakes and delays.
If you have any questions or uncertainties, we will be happy to advise and support you throughout the application process.
Feel free to contact us here!
