Diese Website verwendet nur technisch notwendige Cookies.
Lawyers cases won careers

The residence permit 

Would you like to live and work in Germany on a long-term and unrestricted basis? A settlement permit gives you exactly that opportunity—an unlimited residence permit with no restrictions on its purpose.

Take advantage of this opportunity now and check your eligibility for a settlement permit.

Learn more

The residence permit

1. What is a residence permit?


The settlement permit is a permanent residence permit that is independent of the purpose of the stay and is usually granted without conditions or immigration restrictions.

1.1 Advantages of a residence permit

  • This residence permit offers the possibility of living in Germany long-term.
  • It entitles the foreigner to pursue any professional activity.
  • It simplifies the process of obtaining German citizenship.

1.2 General requirements

  1. The foreigner must have held a residence permit for five years (the time spent holding a national visa is also taken into account).
  2. His livelihood must be secured.
  3. He must have paid compulsory or voluntary contributions to a statutory pension insurance scheme for at least 60 months or prove payment of a comparable benefit entitlement from an insurance and protection institution or an insurance company.
  4. There must be no reasons of public safety that would preclude it, and the stay must not pose a danger to Germany.
  5. If the foreigner is an employee, he must be entitled to engage in gainful employment.
  6. The foreigner has all the necessary permits for his economic activity.
  7. The foreigner has sufficient German language skills (level B1). This does not need to be proven if the applicant was unable to acquire German language skills due to illness or a physical, mental, or psychological disability.
  8. The foreigner possesses basic knowledge of the legal and social system and way of life in Germany. This requirement is considered fulfilled if the person has successfully completed an integration course. The same applies if they have obtained a school or university degree in Germany or attended school in Germany for several years.
  9. The foreigner has an apartment with sufficient space for himself and his family members.
  10. The general requirements for granting a residence permit are met.

2. Settlement permit for asylum seekers or refugees


Persons recognized as entitled to asylum or refugees, i.e., those who possess a residence permit pursuant to Section 25 Paragraph 1 and Paragraph 2 No. 1 of the Aliens Act, have the right to apply for and receive a permanent residence permit. The most important privileges are:

  • Securing one's livelihood
  • The obligation to pay pension insurance contributions
  • German language skills
  • And housing requirements.

2.1 Special requirements

  • Right to apply after 5 years (the duration of the asylum procedure is counted towards the required time)
  • There must be no notification from the Federal Office for Migration and Refugees (BAMF) stating that the conditions for the revocation or cancellation of asylum or refugee status have been met. For recognition granted between 2015 and 2017, a statement from the BAMF is mandatory.
  • The person's livelihood must be almost entirely secured by their own resources. This can be assumed if the applicant covers more than three-quarters of their living expenses through their own employment, i.e., receives only partial social benefits. This requirement may be waived for people of retirement age.
  • Sufficient German language skills (level A2). Proof of language skills is not required if the person was unable to acquire language skills due to illness or a physical, mental, or psychological disability.
  • There must be no reasons of public safety that would preclude it, and the stay must not pose a danger to Germany.
  • If the foreigner is an employee, he must possess a work permit.
  • The foreigner must have all the permits required for his economic activity.
  • The foreigner possesses basic knowledge of the legal and social system and way of life in Germany. This requirement is considered fulfilled if the person has successfully completed an integration course. The same applies if they have obtained a school or university degree in Germany or attended school in Germany for several years.
  • The foreigner has an apartment with sufficient space for himself and his family members.

3. Settlement permit after three years for asylum seekers or refugees


People recognized as asylum seekers or refugees have the option of obtaining a permanent residence permit after only three years with a residence permit, provided the relevant requirements are met. The requirements are higher than for a five-year residence permit, as the person must demonstrate or prove outstanding integration.

3.1 Special requirements:

  • Have held a residence permit for three years (the duration of the asylum procedure is counted towards the required time).
  • There must be no notification from the BAMF (Federal Office for Migration and Refugees) that the conditions for the withdrawal or cancellation of asylum or refugee status are met.
  • The person's livelihood must be almost entirely secured through their own means.
  • Proficiency in German at level C1.
  • There are no public safety concerns that would prevent this, and the stay poses no danger to Germany.
  • The foreigner is entitled to work if he is an employee.
  • The foreigner has all the necessary permits for his economic activity.
  • The foreigner possesses basic knowledge of the legal and social system and way of life in Germany. This requirement is considered fulfilled if the person has successfully completed an integration course. The same applies if they have obtained a school or university degree in Germany or attended school in Germany for several years.
  • The foreigner has an apartment with sufficient space for himself and his family members.

4. Settlement permit for persons with residence permits for political or humanitarian reasons


The immigration authority may, at its own discretion, grant a settlement permit to persons who hold a residence permit based on subsidiary protection (Section 25 Paragraph 2 Sentence 1 Alternative 2) or protection from deportation (Section 25 Paragraph 3). The requirements for these are higher than for asylum seekers or refugees and focus primarily on the person's existing integration efforts.

4.1 Special requirements

  • The foreigner must have held a residence permit for humanitarian reasons for at least 5 years (the duration of the asylum procedure will be counted towards the required time).
  • Livelihood must be secured. Unlike asylum seekers or refugees, the person's livelihood must be fully secured.
  • It is not decisive whether the reasons that led to the granting of protection still exist.
  • He must have paid compulsory or voluntary contributions to a statutory pension insurance scheme for at least 60 months or prove payment of a comparable benefit entitlement from an insurance and protection institution or an insurance company.
  • There must be no reasons of public safety that would preclude it, and the stay must not pose a danger to Germany.
  • A foreigner is entitled to engage in gainful employment, provided he is an employee.
  • The foreigner has all the necessary permits for his economic activity.
  • The foreigner has sufficient German language skills (level B1). This does not need to be proven if the applicant was unable to acquire German language skills due to illness or a physical, mental, or psychological disability.
  • The foreigner possesses basic knowledge of the legal and social system and way of life in Germany. This requirement is considered fulfilled if the person has successfully completed an integration course. The same applies if a school or university degree has been obtained in Germany or if a school was attended in Germany for several years.
  • The foreigner has an apartment with sufficient space for himself and his family members.

5. Residence permit for children and young people with political or humanitarian protection


The law grants preferential treatment to persons who entered the country as minors and hold a humanitarian residence permit. Foreign minors with a residence permit are granted a residence permit under the general rules of family reunification if they have held a residence permit for five years by the time they turn 16.

5.1 Prerequisites

  • They only need to prove that they have held a residence permit for five years by the time of their 16th birthday.
  • The same rules apply if the foreigner entered Germany as a minor and is already of legal age at the time of application. In this case, additional proof is required that:
  • the foreigner is of legal age and has held a residence permit for five years
  • he has sufficient German language skills (level A2)
  • he has a secure livelihood or is completing an education that leads to a recognized school or vocational qualification or a university degree.

Still questions?

If you have another question that I haven't answered, write me an email: info@kap-kanzlei.de
Kontaktperson
Andreina
Brauchen Sie Hilfe? Kontaktieren Sie uns