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Immigration and work
Permanent residence permit
Many people with foreign citizenship would like to be able to live permanently in Germany. According to the Aliens Act, however, temporary residence permits are primarily granted. An exception to this is the settlement permit. With this, a permanent residence in Germany is possible. However, the hurdles for granting a settlement permit are quite high. In the following you will find out whether a settlement permit is suitable for you and how you can apply for it.
The most important facts in a nutshell:
- The settlement permit is a permanent residence permit
- The requirements for the issue are high: among other things, the applicant must have had a residence permit for five years
- For some groups of people (e.g. skilled workers), on the other hand, there are lower requirements for the granting of a residence permit
What is the settlement permit?
The settlement permit is a permanent residence permit. It also entitles you to take up employment. Holders of a settlement permit are therefore allowed to work or set up companies. With a settlement permit, you can move freely within the Federal Republic of Germany.
What are the requirements for granting a settlement permit?
The requirements for granting a settlement permit are regulated in § 9 of the Residence Act. The most important prerequisites include:
Residence permit for five years
You must first have held a residence permit for at least five years. You can also have the periods of possession of an equivalent residence permit credited to you. These include the national visa, the Blue Card, the ICT card and the mobile ICT card.
Secured livelihood
In addition, you must prove that you have a secure means of subsistence. You must not be dependent on social benefits for this. Evidence can be provided, for example, by means of payroll accounting or, in the case of the self-employed, by determining the average profit in the past. In addition, proof of your health insurance will usually be required.
retirement provision
You must also provide the authorities with proof of your pension provision. You must have paid the contributions to the statutory pension insurance for at least 60 months (i.e. five years). Persons who do not pay into the statutory pension insurance must prove that they have a comparable old-age provision. In the case of spouses, it is sufficient if only one of the two has a corresponding pension plan. If you were unable to pay into the pension insurance for a certain period of time due to childcare or home care, these times will still be taken into account. There are also exceptions to the requirement for old-age provision for pupils and trainees or students.
No conflicting security interests
No reasons of public security or order may oppose the granting of a settlement permit. A refusal of the settlement permit for these reasons can be considered in particular if the foreigner has previously committed criminal offences.
Permitted Employment
In addition, based on your previous residence permit, you must already be permitted to work or take up gainful employment. Here too, however, it is sufficient if only one of the spouses has such a permit. You must also have the permit required for your specific profession. Such permits for foreigners to practice their profession are relevant, for example, for doctors or pharmacists.
linguistic proficiency
You must prove that you have sufficient language skills. As a rule, a language test at the B1 level must be provided for this. However, exceptions can be made to this requirement in cases of hardship.
Basic knowledge of the legal and social order
Furthermore, you must have basic knowledge of the legal and social system and the living conditions of the Federal Republic of Germany. Attending an integration course is usually sufficient for this. However, proof of the necessary basic knowledge can also be provided in other ways, for example through a German school leaving certificate.
Sufficient living space
You must have sufficient living space for yourself and your dependents. You can do this by submitting your rental agreement or proof of ownership to the authorities. As a rule, it is sufficient if each member of the household has 12 m² of living space (10 m² for children under the age of 6). In addition, the apartment must also. The condition of the living space must also meet German minimum standards.
exceptional cases
In exceptional cases, the hurdles for granting a settlement permit are lower. This applies in particular to the following people:
- professionals and researchers
- Blue card holders
- Highly qualified
- Family members of a German
- Successful self-employed
- Refugees
For these groups, there are different – usually less stringent – requirements for granting a settlement permit. If you belong to one of these groups of people, it is worth seeking advice from an expert lawyer.
How much does it cost to be granted a settlement permit?
The granting of a settlement permit generally costs €113.00. The fee for a settlement permit for highly qualified persons is €147.00 and for a settlement permit for self-employed persons €124.00. In the case of minors, the respective fee is reduced by half.
Short & sweet
The settlement permit is a residence title that is granted for an unlimited period and entitles you to reside and work in the Federal Republic of Germany. The hurdles for granting it are quite high: In particular, the applicant must have held a residence permit for five years and have made contributions to the pension insurance for five years. In addition, the applicant must prove that the livelihood is secured and that he has knowledge of the German language and society. In addition, exceptions to these requirements apply to some groups of people. These groups of people include skilled workers and foreign dependents of German citizens.