Settlement permit
Your path to a permanent right of residence in Germany
All requirements for a settlement permit explained simply and clearly
The settlement permit allows you to stay in Germany indefinitely. It basically serves to consolidate your residence. A settlement permit allows you to live and work in Germany without restrictions: You can pursue employment as an employee as well as self-employment. Under certain conditions, it is also possible to obtain an EU permanent residence permit, which facilitates access to the entire European labor market.
Basics of the settlement permit
There is no one settlement permit that fits all foreigners. The requirements for obtaining a settlement permit depend on which residence title you currently have. In principle, you must meet the following requirements in accordance with Section 9 of the Residence Act (AufenthG):
- Five-year legal residence in Germany
- Secured livelihood
- Retirement provision
- No conflicting reasons of public safety or order
- Language skills and knowledge of the legal and social order
- Sufficient living space
However, certain exemptions apply for skilled workers, in particular holders of an EU Blue Card, for spouses or children of Germans and for spouses of foreigners with a settlement permit. We explain these simplifications below, together with the requirements that generally apply to a settlement permit.
Five-year legal residence
To obtain a settlement permit, you must have lived legally in Germany for five years, i.e. have a (temporary) residence permit. Short trips abroad are harmless.
However, as mentioned above, there are special regulations in the Residence Act that allow you to be granted a settlement permit even if you have not been in Germany for five years.
You can find out which groups of people can obtain a settlement permit even before 5 years of residence in the box opposite.
Special regulations
- Skilled workers (without EU Blue Card): 3 years
- EU Blue Card: 27 months with basic knowledge of German (level A1) or 21 months with sufficient language skills (level B1)
- Self-employed: 3 years
- Persons entitled to asylum: crediting of residence periods of the asylum procedure
- Family members of Germans: 3 years
Secured livelihood
You must be able to support yourself and your family members. Pursuant to Section 2 (3) AufenthG, your means of subsistence are deemed to be secure if you are able to cover them, including adequate health insurance cover, without recourse to public funds.
NOT considered a use of public funds is the receipt of:
- Child benefit
- Child supplement
- Parenting Benefit
- Parenting Benefit
- Unemployment benefit I
- BAföG
Even if you receive these benefits, you can still obtain a settlement permit.
Here, too, there are some simplifications for certain groups of applicants. We explain what these are in the box.
Special regulations apply to:
- Students
- Researchers
- Dependent
- Persons, who are listed in § 28 Abs. 1 AufenthG
- Physically, mentally or emotionally ill people
Retirement provision
In order to obtain a settlement permit, your pension must also be secure. You must therefore not only be able to prove that your livelihood is secure at the moment, but also that it will continue to be secure in retirement.
This is generally proven if you have paid at least 60 months of compulsory or voluntary contributions to statutory pension insurance. Alternatively, it is also sufficient if you can prove expenses for an entitlement to comparable benefits such as private pension insurance.
If you do not know exactly how many monthly contributions you have already submitted to the pension insurance fund, you can request an insurance history from Deutsche Rentenversicherung. This is also regularly sent to people with statutory insurance in accordance with § 149 Para. 3 Social Code VI. This insurance history is also sufficient proof for the authorities.
As mentioned above, you can also provide proof of sufficient pension provision can also be provided by your spouse or partner.
Language skills and knowledge of the legal and social order
In order to obtain a settlement permit for Germany, you must demonstrate a certain level of language proficiency. Language skills are essential for integration into German society and for asserting yourself on the German labor market. Against this background, a language level of B1 according to the Common European Framework of Reference for Languages is required to obtain a settlement permit.
Level B1 falls under the so-called "independent use of language". A person with B1 language level can understand the main points of a conversation on familiar topics, as long as they are spoken clearly and comprehensibly, and is able to talk about them simply and coherently.
You can provide proof of this language level in various ways. One way to obtain a B1 language certificate is to take the German Test for Immigrants (DTZ). The DTZ is a language test that was developed specifically for immigrants and serves as the final language part of the integration course. You can find more information about the DTZ here on the BAMF website.
In certain cases, you can also prove your language skills without a special certificate. This is the case, for example, if you...
- have obtained a German university degree,
- have successfully attended a German school for four years,
- have a German school-leaving certificate, or
- were successfully transferred to a secondary school after the 10th grade.
Exceptions also exist if a B1 language level cannot be achieved due to mental or physical disabilities.
No conflicting reasons of public safety or order
The settlement permit should only be granted to people who want to and can be part of a free and democratic social order. However, this is not the case for persons who pose a threat to public safety and order. If there are conflicting reasons of public safety and order, a settlement permit will therefore not be issued.
This very vague requirement from Section 9 (2) No. 4 AufenthG is difficult to grasp. When exactly do reasons of public security and order prevent the granting of a settlement permit?
It goes without saying that mere petty violations of the law, such as a parking ticket, do not constitute an opposing reason of public safety or order. In contrast, the granting of a settlement permit in the case of a capital crime such as murder would unquestionably be ruled out.
However, there are uncertainties in the area between these two extremes. Basically, the fact that you are considered to have a "criminal record" in Germany can be used as a guide.
Thus, out of consideration remain:
- Educational measures or correctional measures under the Juvenile Courts Act,
- sentences of up to three months' imprisonment that have been suspended and remitted after expiry of the probation period, and
- Convictions to fines of up to 90 daily rates.
It is important to note that a conviction abroad is just as relevant as a conviction in Germany. This is because a conviction abroad can only be disregarded in exceptional cases. For example, if the offense is not punishable in Germany or if the conviction can be attributed to non-constitutional reasons.
Caution! When applying for a settlement permit, you must provide truthful information in this regard. Lying on your application is a criminal offense. In particular, it should be noted here that in Germany you can be considered to have a criminal record even if you have only been fined, namely 91 daily rates or more.
If investigations are underway against you or you have already been charged, then information must also be provided in this regard in the application procedure. This will usually lead to the suspension of the issuance of your settlement permit until the outcome of these proceedings.
Sufficient living space
Two factors play a role in determining whether your living space is sufficient: the condition and the occupancy, i.e. the size of the apartment in relation to the number of occupants. Sufficient living space is always available if 12 square meters of living space are available for each family member over the age of six and 10 square meters for each family member under the age of six and if ancillary rooms (kitchen, bathroom, WC) can be used to a reasonable extent. Infants under the age of two are not included in the calculation of living space. It is not harmful to fall short of this apartment size by around 10%.
Settlement permit for spouses
The law provides for a simplification for spouses living together: A foreigner can obtain a settlement permit even if only his or her partner has sufficient pension provision or only the partner is permitted to be employed or self-employed.
Due to the Skilled Immigration Act of 2023 Section 9 AufenthG was also supplemented by para. 3a. This stipulates that foreigners may already after three years of residence themselves a settlement permit after three years of residence if their spouse has a settlement permit for skilled workers for skilled workers. This settlement permit for skilled workers, regulated in § 18c AufenthGcan only be granted to holders of an EU Blue Cardresidence permit for skilled workers (Sections 18a, 18b AufenthG) or a residence permit for researchers (Section 18d AufenthG). Nevertheless, the spouse of the skilled worker must also work at least 20 hours per week and fulfill the other requirements for a settlement permit - i.e. a secure livelihood, knowledge of the language and legal and social order as well as sufficient living space. However, the spouse does not have to provide proof of sufficient retirement provision.
Advantages of a settlement permit
The main advantage of the settlement permit is that it is indefinitely is valid indefinitely. This means that it does not have to be reapplied for every few years. Once you have been granted a settlement permit, you no longer need to worry about your future in Germany. This not only gives you security, but also saves you annoying visits to the immigration office, where application fees are always due.
However, a settlement permit also offers many other advantages: For example, it allows you to any kind of gainful employmentwhether employed or self-employed, without the need for a permit. And finally, the settlement permit is to a certain extent the link to naturalization. naturalization naturalization: naturalization requires a residence permit that is not only intended for temporary residence.
Procedure
Pursuant to Section 81 (1) AufenthG, a settlement permit is only issued upon application. You must submit this application to the relevant immigration authority. The responsibility of the foreigners authority depends on your place of residence.
The processing time for issuing a settlement permit must not exceed three months. However, the immigration authorities are often overloaded, which means that processing can take much longer in practice. In such cases, applicants have the option of bringing an action for failure to act in accordance with Section 75 VwGO. Our lawyers will be happy to advise you on this topic.
Regional differences in the application for a settlement permit
The formal requirements for applying for a settlement permit can vary depending on the location in Germany. While the legal requirements are standardized, the necessary forms, documents and application procedures may vary.
Here you will find general information and instructions on how to apply for a settlement permit for the cities of Berlin, Hamburg and Munich.
