contact
Your law firm SZ-Legal.
address
-
Lindenallee 3b
50968 Cologne - +49 15563 037528
- info@sz-legal.de
Opening hours
Monday – Friday 9:00 – 18:00
SZ-Legal - Legal advice for private individuals and companies worldwide
Living in Germany indefinitely: An overview of the settlement permit
As a specialist lawyer for immigration law, I am happy to assist you with any questions you may have regarding immigration, residence, company formation or obtaining German citizenship.
Living in Germany indefinitely: An overview of the settlement permit
A settlement permit is the most important step towards a permanent and legally secure life in Germany. It grants you an unlimited right of residence and allows you to live and work without time or professional restrictions. With a settlement permit, you are allowed to pursue both dependent employment and self-employment – completely independent of any previous residence permits.
For many applicants, the residence permit is therefore not only a legal milestone, but also the basis for long-term personal and professional security in Germany.
Basics of a permanent residence permit: Who can apply for one?
The settlement permit is not a uniform residence permit with identical requirements for all applicants. Whether and when a settlement permit can be granted depends largely on which residence permit you currently hold and how long you have already resided legally in Germany.
In addition to the general requirements of Section 5 of the Residence Act – such as verified identity and compliance with passport requirements – applicants must also generally meet the requirements of Section 9, Paragraph 2 of the Residence Act. These relate in particular to their personal, economic, and integration-related situation.
These requirements primarily include at least five years of legal residence in Germany, a secure livelihood including adequate housing, sufficient retirement provisions, and the absence of any grounds that would jeopardize public safety or order. Furthermore, sufficient German language skills and basic knowledge of the German legal and social system are required.
However, certain groups of people are subject to simplified requirements. This includes, among others, skilled workers – especially holders of an EU Blue Card – spouses and children of German citizens, and spouses of foreigners who already hold a permanent residence permit. These special regulations often allow for significantly faster access to a permanent residence permit.
Below we will discuss in detail the individual requirements and possible simplifications.
Have your individual circumstances assessed now to determine which requirements apply in your case and how you can apply for your residence permit in a legally sound manner and without unnecessary delays.
Required periods of residence for the granting of a settlement permit
In principle, to be granted a permanent residence permit, you must have been legally residing in Germany for at least five years.
This means that you must have been in possession of a valid temporary residence permit continuously during this period. Short-term stays abroad, such as for holidays or family visits, do not preclude this entitlement.
However, the Residence Act provides for numerous exceptions and shortened deadlines. In certain cases, a permanent residence permit can be applied for well before the five-year period has expired. These include, in particular:
- Skilled workers without an EU Blue Card after three years, or after two years if studies or vocational training were completed in Germany, in accordance with Section 18c Paragraph 1 of the Residence Act.
- Holders of an EU Blue Card after 27 months with German language skills at level A1 or after 21 months with German language skills at level B1 according to § 18c paragraph 2 of the Residence Act
- Spouses of skilled workers with a residence permit, if there is a weekly employment of at least 20 hours, after three years in accordance with Section 9 Paragraph 3a of the Residence Act
- Foreign officials after three years in accordance with Section 19c Paragraph 4 Sentence 3 of the Residence Act
- self-employed after three years in accordance with Section 21 Paragraph 4 Sentence 2 of the Residence Act
- Family members of German citizens after three years according to Section 28 Paragraph 2 of the Residence Act
- Asylum seekers after five years (language proficiency A2) or three years (language proficiency C1), during which time periods of asylum proceedings can also be credited in accordance with Section 26 Paragraph 3 of the Residence Act.
Request an individual assessment now to clarify definitively when you can apply for a residence permit and what deadline applies in your specific case.
The need for a secure livelihood
To be granted a permanent residence permit, you must generally prove that you can independently secure your livelihood and that of your family members. According to Section 2, Paragraph 3 of the Residence Act, livelihood is considered secured if it can be covered, including adequate health insurance coverage, without recourse to public funds.
Certain government benefits are not considered detrimental to the granting of a permanent residence permit. These include, in particular:
- Child benefit
- Child supplement
- Parental allowance
- Parental allowance
- Unemployment benefit I
- BAföG
- Receiving these benefits does not, in principle, preclude obtaining a residence permit.
The Residence Act also provides for exceptions and special regulations regarding securing one's livelihood. Easier requirements apply, among other things, to:
- Foreigner with at least five years of residence for family reasons, who are in education or studies
- Family members German citizens, who generally only need to secure their own livelihood
- Divorced spouses by holders of a settlement permit or EU long-term residence permit, if their livelihood is secured by maintenance payments.
- People with physical, mental or psychological illness or disability, if independent backup is not possible
- Asylum seekers and recognized refugees after five years of residence with a predominantly secure livelihood
- Asylum seekers and recognized refugees after three years of residence with language skills at C1 level and a largely secure livelihood
Securing one's livelihood also includes proof of sufficient living space. The following are relevant:
- 12 square meters per person over six years of age
- 10 square meters per person under six years of age
- Children under two years of age are not included.
- Ancillary rooms such as kitchen, bathroom and toilet must be available to a reasonable extent.
- A shortfall of approximately ten percent in the calculated living space is generally unproblematic.
Start your individual assessment for a residence permit now and find out whether your livelihood and living space already meet the decisive requirements.
Old-age provision as a prerequisite for a residence permit
To be granted a permanent residence permit, you must not only be able to secure your current livelihood, but also prove that your financial security in old age is guaranteed. Retirement provision is therefore an integral part of the legal requirements. Proof is generally considered to be provided if you have paid at least five years of mandatory or voluntary contributions into the statutory pension insurance scheme. Private pension insurance or other comparable pension entitlements, such as those from professional pension schemes, are also recognized as equivalent. If you are able to apply for your residence permit before the end of five years due to special regulations, for example as a skilled worker or holder of an EU Blue Card, you usually only have to prove pension contributions for this shorter period. If you are unsure how many months have already been credited, you can request an insurance record from the German Pension Insurance. This document is regularly sent to those with statutory health insurance and is recognized by immigration authorities as full proof of insurance. For married couples, there is also an important simplification: it may be sufficient if only one spouse has adequate retirement provisions to obtain a residence permit.
Check your pension provision for your permanent residence permit now and find out if your current pension contributions are sufficient or what alternatives are possible in your case.
These language skills are a prerequisite.
To be granted a permanent residence permit, sufficient German language skills must generally be demonstrated. Language skills are a key element of integration into social and professional life in Germany. Legally, a language level of B1 according to the Common European Framework of Reference for Languages is generally required.
Proof of the required language skills can be provided in various ways. Often, the language level is demonstrated by the German test for immigrants, which serves as the final exam for the language course within the integration course. Those who have successfully completed an official integration course generally already possess the necessary proof.
A separate language certificate is not always required. Proof is also considered provided if you
-
have obtained a German university degree,
-
have successfully attended a German school for at least four years,
-
possess a German school leaving certificate or
-
were successfully transferred to a secondary school after the tenth grade.
Furthermore, the Residence Act provides for reduced requirements or complete exemptions from the obligation to provide proof in certain legally defined cases. This applies, among other things, to...
-
Holders of an EU Blue Card, for whom a language level of A1 is sufficient,
-
Asylum seekers and recognized refugees whose German language skills are sufficient at A2 level,
-
People with low integration needs, for whom simple verbal communication is sufficient,
-
Persons who already held a residence permit before January 1, 2005,
-
People with physical, mental or psychological illnesses or disabilities, when language acquisition is not possible,
-
minor children who have held a residence permit for family reasons for at least five years, as well as
-
Cases in which the refusal of a residence permit would constitute a particular hardship.
Are you unsure whether your German language skills are sufficient or whether an exception applies to you? Have your individual requirements assessed now and find out how you can confidently prepare for your permanent residence permit.
What knowledge about Germany is required for a permanent residence permit?
In addition to sufficient German language skills, you must also have basic knowledge of the German legal and social system as well as general living conditions in Germany to be granted a permanent residence permit. The law explicitly requires only basic knowledge; the requirements are therefore deliberately set low.
The simplest way to prove this is by successfully completing an integration course. This includes both the language test and the orientation course with exam. Alternatively, you can also prove your knowledge by taking the "Living in Germany" test or a naturalization test. Both tests are recognized by the authorities as equivalent proof.
Proof of qualification is also possible without a separate examination if you possess a German school leaving certificate or a German university degree. These qualifications completely replace the separate knowledge test.
In certain legally regulated cases, proof of basic knowledge is not required. These include, among others:
- Individuals with demonstrably low integration needs, for whom participation in the integration course is impossible or unreasonable.
- Persons who already held a residence permit before January 1, 2005
- People with physical, mental or psychological illness or disability, if acquiring the knowledge is not possible
- Minor children who, at the age of 16, have already had a family residence permit for five years
- Adults with language level B1 who already received a residence permit for family reasons as children
- Cases in which the refusal of a residence permit would constitute a particular hardship
Do you want to know if you need to take the test or if a legal exemption applies to you? We will individually assess your eligibility and show you the safest path to obtaining a permanent residence permit.
When criminal offenses can jeopardize a residence permit
To be granted a permanent residence permit, it is necessary that there are no objections based on public safety or order. The legislator aims to ensure that residency is only granted to those individuals who are willing and able to participate in the free democratic order of Germany.
When is there a conflicting reason?
Minor administrative offenses, such as a parking ticket, do not preclude a residence permit. Even minor criminal convictions often have no impact. However, a residence permit is not an option if serious crimes have been committed, such as serious violent or capital offenses.
The following situations are generally not taken into account in the decision:
- Educational measures or disciplinary measures under the Juvenile Court Act
- Prison sentences of up to three months, which were suspended on probation and remitted after the probationary period expired.
- Fines of up to 90 daily rates
It is important to note that a conviction abroad is generally assessed in the same way as a conviction in Germany, provided that the underlying conduct would also be punishable under German law and the procedure complies with the rule of law.
Accurate information is mandatory.
When applying for your residence permit, you must fully and accurately disclose all prior convictions and pending investigations.
Providing false information is itself a criminal offense and can seriously jeopardize the proceedings. If you are under investigation or proceedings are pending against you, the decision on your application will usually be suspended until the conclusion of the proceedings.
Are you unsure whether previous convictions or ongoing investigations could jeopardize your application? Have your situation legally reviewed to gain clarity about your chances of obtaining a permanent residence permit.
Make an inquiry now
We will be happy to advise you comprehensively and personally on your concerns.
Your residence permit in Germany: Competent support from experienced immigration lawyers
The settlement permit is one of the most important residence permits in Germany. It allows for permanent and indefinite residence, grants unrestricted access to the labor market, and creates the basis for later naturalization.
However, many applicants face extensive legal requirements, regionally varying procedures, and complex documentation obligations. This is precisely where our immigration lawyers come in.
As a specialized law firm, we carefully examine whether you meet the legal requirements, such as a secure livelihood, sufficient language skills, pension insurance periods, or proof of integration into the German legal and social system.
We take care of the complete preparation of your application, ensure that all documents are submitted correctly and completely, and accompany you through the entire official procedure.
Even in challenging situations, such as prior convictions, insufficient contribution periods, special family arrangements, or delayed decisions by the immigration authorities, we provide you with sound expertise. Upon request, we will also examine options such as obtaining an EU long-term residence permit or preparing for future naturalization.
If you wish to apply for your residence permit without delays and with maximum legal certainty, our immigration lawyers will reliably support you from the initial review to successful issuance.
Frequently Asked Questions (FAQ)
The settlement permit is a permanent residence permit that entitles the holder to a permanent residence in Germany and allows unrestricted access to the labor market.
Persons with a temporary residence permit who meet the legal requirements such as length of stay, means of subsistence, language skills and old-age provision.
Generally, five years of legal residence are permitted. Shorter periods apply for skilled workers, holders of an EU Blue Card, or family members.
It offers lasting security, allows any form of employment, protects against the loss of residency when changing jobs, and is an important intermediate step towards naturalization.
Living expenses must be covered without social welfare benefits. Child benefit, parental allowance, BAföG (student financial aid) and unemployment benefit I are not considered detrimental.
Minor convictions with sentences of up to 90 daily rates are usually disregarded. However, serious offenses can preclude the issuance of a permit. All information provided must be truthful.
At the relevant immigration office in your place of residence. A permanent residence permit is granted exclusively upon application.
After an application is submitted, the authority reviews the documents, requests further evidence if necessary, and often invites the applicant to a personal appointment. A decision is then made.
The processing time is often between two and six months, but can be significantly longer in some regions.
Yes. The residence permit allows any form of employment, both as an employee and as a self-employed person.
