Residence in Germany for pensioners
The standard of living is high, the healthcare system is excellent and the cultural offerings are second to none - Germany is an extremely attractive country for immigration. However, German immigration law is restrictive and essentially designed for certain people such as skilled workers, students or refugees. As a rule, anyone wishing to obtain a residence permit in Germany must prove that their stay serves a statutory purpose.
However, under certain conditions, wealthy people who are no longer dependent on gainful employment to finance their livelihood can also obtain a residence permit in Germany. In this article, we explain how this works, what the requirements are for this right of residence for pensioners (colloquially known as a "pensioner visa") and how you can obtain it.
Basis of the right of residence in Germany for pensioners ("pensioner visa")
As mentioned above, German residence law does not actually provide for residence permits for persons who are not in Germany for one of the purposes specified in the Residence Act (AufenthG). The law only provides for the granting of residence permits for the purpose of gainful employment (in accordance with §§ 18 ff. AufenthG), for training or study (in accordance with §§ 16 ff. AufenthG) and for family reasons (in accordance with §§ 27 ff. AufenthG) or for humanitarian reasons (in accordance with §§ 22 ff. AufenthG).
So if you would like to set up your company in Germany or start a new business here, you may be eligible for a residence permit for self-employed persons under Section 21 AufenthG. However, you must then actually continue to be self-employed. A mere investment is not enough to qualify for this residence permit. In Germany, there is no so-called "golden visa" principle, according to which wealthy people can "buy" a residence permit by making certain investments, for example in government bonds or real estate.
If you would like to settle in Germany as a pensioner without still being employed here, there is still a possibility: a residence permit in accordance with § 7 para. 1 sentence 3 AufenthG. This is issued in justified cases, even if your stay is not based on any of the above-mentioned purposes.
Residence in Germany for pensioners according to § 7 AufenthG
However, the residence permit pursuant to Section 7 (1) sentence 3 AufenthG is subsidiary to all other residence permits - in other words, if one of the above-mentioned purposes of residence applies, the question of a residence permit is not based on Section 7 AufenthG, but always on the standards created specifically for this purpose. This means that you can only obtain a residence permit in accordance with Section 7 (3) sentence 1 AufenthG if your stay does not serve any of the purposes mentioned (gainful employment, training or study, family or humanitarian reasons). If you want to come to Germany as a pensioner in order to live off your assets here, you should be able to obtain a residence permit (7 para. 3 sentence 1 AufenthG) as a pensioner.
However, a residence permit as a pensioner is only granted in justified cases in accordance with Section 7 (1) sentence 3 AufenthG. A reason for residence is therefore required that does not appear to be absurd or abusive. It is now generally recognized that the desire to settle in Germany and live here as a pensioner from your assets constitutes a justified case.
General requirements for residence as a pensioner
Furthermore, the general requirements of § 5 AufenthG, which are necessary for the issue of any residence permit, must also be met for residence as a pensioner. This includes, among other things, that your identity has been established and you can produce a passport, and that there is no interest in deporting you. You must also be able to support yourself without claiming state benefits . This also includes adequate health insurance. Bank statements or claims to regular payments from third parties, for example from a pension scheme, are considered proof that you have sufficient financial resources. However, dividends or regular interest income from invested capital can also serve as proof.
You must also have entered the country with a required visa . However, some countries are exempt from this visa requirement. These privileged countries are: USA, Japan, United Kingdom of Great Britain and Northern Ireland, Canada, Australia, South Korea, Israel or New Zealand. If you come from one of these countries, you can enter the country without a visa.
Application and decision by the authority
Depending on whether you need a visa or not, you can apply either at the German diplomatic mission responsible for your country of origin or directly in Germany at the foreigners authority in the place where you would like to live in the future.
The authority then decides on your application. The law grants it discretion, so it can weigh up all the interests involved itself. As a rule, however, this weighing up should be in your favor, provided there are no reasons against your stay in Germany.
How lawyers can help you
An application for a "pensioner visa" in the form of a residence permit in accordance with Section 7 (1) sentence 3 AufenthG is not made very often in practice. It is therefore quite possible that the competent authorities may therefore take a closer look than with everyday applications. In addition, the authorities have a margin of discretion when making their decision - as outlined above. It is therefore particularly important that your application is well justified and accompanied by the relevant evidence.
You can guarantee this by instructing lawyers to file the application. The experienced team of lawyers at RT & Partner will be happy to handle the entire application process for you. We will take full care of your concerns, from an initial assessment of your chances of success to the application for a residence permit and any necessary communication with the authorities.
