The settlement permit is a residence title for persons who do not come from the EU or the European Economic Area (EEA). A distinction is made in residence law between temporary and permanent residence permits. The settlement permit and the EU permanent residence permit are the only two permanent residence titles in the Residence Act.
The settlement permit is available in different variants with different conditions of issue, which depend primarily on the type of previous residence permit. In order to obtain a settlement permit, the applicant must be gainfully employed and thus be able to secure the livelihood of all family members living in Germany, such as children and spouses, either entirely, predominantly or for the most part.
Other prerequisites for obtaining a permit are, for example, knowledge of the German language, basic knowledge of the legal and social order and living conditions in Germany, sufficient living space or any permits required to practice a profession in Germany.
In this article, we provide an overview of the different residence titles and variants of the settlement permit as well as the different conditions and privileges of the individual variants of the settlement permit.
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The term residence permit refers to a series of residence documents with which certain nationals are permitted to enter and reside in Germany. Such a residence permit is issued in accordance with § Section 4 (1) AufenthG required for entry and residence in Germany.
The residence permit is primarily required by persons from so-called third countries. Third countries are all countries outside the European Union and the European Economic Area (EEA). In addition to the EU member states, this also includes Iceland, Liechtenstein, Norway and Switzerland. All other countries are third countries and require such a residence permit.
EU and EEA citizens entitled to freedom of movement as well as Swiss citizens do not require a visa for entry or a residence permit to stay in Germany. However, there are also residence documents for EU and EEA citizens, such as the certificate of permanent residence, the residence card and the permanent residence card, as well as the residence permit-CH for Swiss nationals.
In § 4 para. 1 AufenthG, various residence titles are mentioned. A distinction is made between permanent and temporary residence permits.
Temporary residence permits include:
Permanent residence permits include
The Aufenthaltsgestattung for asylum seekers, the Fiktionsbescheinigung for persons awaiting a decision on their application for a residence permit, the Duldung and the Grenzübertrittsbescheinigung are not residence permits.
The settlement permit under Section 9 AufenthG, like the EU permanent residence permit under Section 9a AufenthG, is a permanent residence permit for third-country nationals. The settlement permit is an unlimited residence title that serves to consolidate residence in Germany.
The settlement permit entitles the holder to unrestricted gainful employment and is not geographically restricted. The difference between the settlement permit and the permit for permanent residence - EU according to § 9a AufenthG is that the permit for permanent residence - EU allows third-country nationals to move on within the EU.
According to the legal regulation in § 9 Para. 2 Sentence 1 AufenthG, the settlement permit is linked to several requirements. The most important requirements are holding a residence permit for five years, securing a livelihood and proof of compulsory or voluntary contributions to the statutory pension insurance scheme for at least 60 months.
In addition, the following requirements must be met:
According to Section 9 (2) sentence 2 AufenthG, the required knowledge of the German language as well as the legal and social order and living conditions in Germany is proven if an integration course has been successfully completed.
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There are exceptions to the requirements for obtaining a settlement permit. For example, persons with a physical, mental or psychological illness or disability do not have to prove that they have sufficient means of subsistence, 60 months of compulsory contributions to statutory pension insurance, sufficient language skills and basic knowledge of the legal and social order and living conditions in Germany.
Third-country nationals who are not entitled to an integration course due to a recognizably low need for integration are also exempt from the B1 language level requirement (§ Section 44 (3) no. 2 AufenthG ) or for whom participation in an integration course is permanently impossible or unreasonable (§ Section 44a (2) no. 3 AufenthG ). In this case, it is sufficient to be able to communicate verbally in German in a simple manner.
A similar regulation applies according to § Section 104 (2) AufenthG for persons who were in possession of a residence permit before 01.01.2005 . Language level B1 is not required for this group of people either, but it is sufficient to be able to communicate orally in German in a simple manner.
In addition to the settlement permit for third-country nationals in accordance with Section 9 of the Residence Act, other groups of people can obtain a settlement permit, in some cases under simplified conditions. These include:
For skilled workers, the required prior residence period is reduced to three years and proof of compulsory contributions to statutory pension insurance to 36 months in order to obtain a settlement permit in accordance with Section 18c (1) AufenthG.
The prior residence period is even reduced to two years and only 24 months of compulsory contributions to statutory pension insurance must be proven if the skilled worker has successfully completed vocational training or studies in Germany (Section 18c (1) sentence 2 AufenthG).
Read more about the topic of skilled labor immigration in this article.
If a foreign national has been granted a residence permit in accordance with Section 21 AufenthG to pursue a self-employed activity, this group of persons can also obtain a settlement permit under simplified conditions.
To this end, the applicant must have been self-employed for three years , the self-employed activity must currently be successful and further sustainable development of the self-employed activity must be expected (Section 21 (4) sentence 2 AufenthG). In addition, the livelihood of the self-employed person and their family must be secured. There must also be no reasons of public safety or order to the contrary.
For persons entitled to asylum and recognized refugees (residence title pursuant to Section 25 (1) and (2) sentence 1 alternative 1 AufenthG), Section 26 (3) AufenthG provides two options for a settlement permit with different requirements.
According to § 26 Para. 3 Sentence 1 AufenthG, a person entitled to asylum/recognized refugee is granted a settlement permit after five years of holding a residence title according to § 25 Para. 1 or Para. 2 Sentence 1 Alternative 1 AufenthG if there are no reasons for the revocation or withdrawal of the asylum or refugee recognition.
In contrast to a settlement permit under Section 9 AufenthG, no compulsory contributions to statutory pension insurance need to be proven and living expenses can also be partially covered by social benefits if earned income predominates. In addition, only sufficient knowledge of the German language corresponding to language level A 2 (instead of B 1 according to § 9 AufenthG) must be proven.
According to Section 26 (3) sentences 3 and 4 AufenthG, a person entitled to asylum/recognized refugee can be granted a settlement permit after three years of holding a residence permit in accordance with Section 25 (1) or (2) sentence 1 alternative 1 AufenthG. According to the legislator, this is intended to create a special integration incentive for persons entitled to asylum and recognized refugees.
However, the requirements for the issue of a settlement permit in accordance with Section 26 (3) sentences 3 and 4 AufenthG are strict. In contrast to the settlement permit under § 9 AufenthG, no compulsory contributions to the statutory pension insurance scheme need to be proven. A privileged status also applies with regard to securing a livelihood, which only has to be secured for the most part. This does not exclude the receipt of social benefits, but the income from employment must be even more predominant than in the case of the settlement permit pursuant to Section 26 (3) sentence 1 AufenthG.
The requirements for language skills are stricter for the settlement permit under Section 26 (3) sentences 3 and 4 AufenthG than for the settlement permit under Section 9 AufenthG. The German language must be mastered, which corresponds to a language level of C1.
The requirements of Section 9 (2) sentence 1 nos. 4 to 6, 8 and 9 AufenthG apply both to the settlement permit after three years of possession of a residence permit in accordance with Section 25 (1) or (2) sentence 1 alternative 1 AufenthG and after five years of possession. Accordingly, there must be no danger to public safety and order, gainful employment must be permitted, the permits required for gainful employment must be available, basic knowledge of the legal and social order and living conditions in the federal territory must be demonstrated and sufficient living space must be available.
Section 28 AufenthG regulates the reunification of foreign family members with German nationals. This residence permit applies to foreign spouses, foreign minor children of a German citizen or the foreign parent of a minor unmarried German citizen for the purpose of exercising personal care. According to § 28 Para. 2 Sentence 1 AufenthG, these persons can be granted a settlement permit under certain conditions, which are less strict than the conditions for the settlement permit according to § 9 AufenthG.
To do so, the foreign family member entitled to join them must have held a residence permit for the purpose of family reunification for three years. In addition, the family partnership must continue, especially with the spouse. The family member must be able to prove sufficient German language skills at level B1, whereby the language skills can be proven by the successful completion of an integration course. As a rule, there must be no interest in deportation and the person's livelihood must be secured.
The settlement permit is an unlimited residence title. It entitles the holder to permanent residence in Germany. While the settlement permit is valid indefinitely, the settlement permit issued as an electronic residence permit in credit card format is limited to a maximum of 10 years for technical reasons. The identity document can therefore expire and must be extended, but the settlement permit remains valid indefinitely.
After expiry, a new residence document will be issued without further examination. This also applies if the underlying foreign passport, passport or German passport substitute has expired or has been reissued.
We answer your questions about naturalization in this article.
If the requirements for the granting of a settlement permit are subsequently no longer met, e.g. if the livelihood can only be secured through social benefits, the settlement permit does not expire. However, a withdrawal is possible, e.g. after § Section 51 (1) no. 3 AufenthG if the settlement permit was obtained on the basis of false information or forged documents.
According to § 52 AufenthG, the settlement permit can be revoked or expire according to § 51 para. 1 no. 5 to 7 AufenthG, e.g. in the event of deportation. In principle, the holder of a settlement permit under § Section 55 (1) no. 1 AufenthG special protection against deportation or a particularly serious interest in remaining if they have held a settlement permit for at least 5 years.
The settlement permit can be issued in accordance with § 51 Para. 1 Nos. 6 and 7 AufenthG expire if the foreigner stays abroad for longer than 6 months or if the stay is not only temporary in nature. If the stay abroad is to last longer than 6 months, an extension can be applied for at the Foreigners' Registration Office.
If the holder of the settlement permit or their spouse has been in possession of the settlement permit for at least 15 years, the grounds for expiry under Section 51 (1) nos. 6 and 7 AufenthG do not apply (Section 51 (2) sentence 1 AufenthG). The same applies to the settlement permit of a foreigner who lives with a German in a marital partnership (§ 28 Para. 2 Sentence 1 AufenthG) in accordance with § 51 Para. 2 Sentence 2 AufenthG. In both cases, the foreigner's livelihood must be secured and there must be no interest in deportation pursuant to Section 54 (1) nos. 2 to 5 or (2) nos. 5 to 7 AufenthG.
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The settlement permit is a permanent residence permit for non-EU/EEA citizens in Germany. It can be applied for by people who have held a residence permit for five years and meet certain requirements. In certain cases, the settlement permit can be applied for after just 2 or 3 years. The decisive factor is the purpose of the stay in Germany or the previous residence permit.
The most important requirements are gainful employment with a secure livelihood, language skills (German B 1 level), knowledge of the German legal and social system, sufficient living space and, if necessary, a professional license.
Yes, there are exceptions to the usual requirements in the case of illness, disability or minor integration needs. Easier requirements also apply for long-term residents and family members of Germans.
There are various temporary residence titles such as visas, residence permits, EU Blue Cards, etc. and permanent residence titles such as EU permanent residence permits.
The settlement permit itself is valid for an unlimited period of time, but the associated ID document is generally valid for a maximum of 10 years. It is then extended without further examination.
Yes, the settlement permit can be revoked or expire. This is the case, for example, if the settlement permit was obtained through false statements or forged documents. The settlement permit may also expire if the holder stays abroad for longer than 6 months or if the stay is not only temporary in nature. However, there are exceptions for long-term holders and spouses who live with a German national in a family partnership. If you are planning a longer stay abroad, you can also apply for an extension of the 6-month period at the Foreigners' Registration Office.
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