EU Permanent Residence Permit
Die EU Permanent Residence Permit is a residence permit for third-country nationals that regulates long-term residence in the European Union. It establishes an EU-wide comparable status associated with extensive rights and increased protection against termination of residence. The legal framework derives from European primary and secondary law, in particular Directive 2003/109/EC, as well as from the national Residence Act of the Federal Republic of Germany.
Legal Basis
European Law
The main European regulation can be found in Directive 2003/109/EC of the Council of 25 November 2003 regarding the legal status of third-country nationals who are long-term residents in the Member States. The aim is better integration, harmonization of legal status, and the facilitation of the free movement of workers within the member states.
German Law
In Germany, the directive was implemented in particular through the Residence Act (AufenthG) The most important provisions regarding the EU Permanent Residence Permit are set out in §§ 9a to 9c AufenthG. They regulate the requirements, procedures, rights, and obligations of the permit holders.
Requirements for Granting the EU Permanent Residence Permit
General Requirements for Granting (§ 9a para. 2 AufenthG)
A third-country national will be granted the EU Permanent Residence Permit if the following requirements are met:
- Five years of lawful residence: The applicant must have resided lawfully in Germany for at least five years.
- Secured means of subsistence: The means of subsistence as well as sufficient health insurance coverage must be secured without recourse to public funds.
- Sufficient knowledge of the German language: Language competency at level A2 (except in cases of exemption) and basic knowledge of the German legal and social system.
- No impairment to public safety and order: There must be no serious violations of legal provisions or legitimate grounds for expulsion.
- Sufficient living space: The applicant and family must be adequately accommodated.
Special Features and Exceptions
Seasonal work, studies, and asylum procedure times do not count fully toward the five-year pre-residence period. Periods of residence for training purposes may, under certain conditions, be counted (§ 9a paras. 3 and 4 AufenthG).
Legal Status and Rights of the Holders
Residence Status
The EU Permanent Residence Permit is unlimited and grants a comprehensive right of residence. The status is not linked to a specific purpose and generally entitles the holder to reside and work in Germany.
Employment
With the EU Permanent Residence Permit, there is an unrestricted right to employment, that is, both dependent and self-employed work.
Establishment in Other EU States
A key advantage is the facilitated mobility within the European Union. Holders of the EU Permanent Residence Permit who wish to transfer their main residence from Germany to another EU member state (excluding Ireland and Denmark) can apply there for a residence permit for long-term stay under simplified conditions.
Family Reunification
For holders of the EU Permanent Residence Permit, family reunification is also simplified, in particular regarding the requirements for spouses and minor children.
Procedure for Issuance
Application
The EU Permanent Residence Permit must be applied for in writing. The local immigration authority at the place of residence is generally responsible. Evidence of meeting the requirements must be submitted with the application.
Decision and Issuance
After examination, the immigration authority grants the residence permit in the form of a check card (electronic residence title). If all requirements are met, there is a legal entitlement.
Fees
Fees are charged for processing the application, the amount of which is regulated in the Residence Ordinance. In cases of need or public interest, a fee reduction may be granted.
Limits and Expiry of the Permit
Reasons for Expiry
The EU Permanent Residence Permit lapses in particular if
- the holder stays outside the European Union for more than twelve consecutive months (§ 51 para. 9 AufenthG),
- or establishes residence for six years in another EU member state.
Under certain circumstances, the period may be extended, for example, in cases of prolonged stays abroad for compelling reasons.
Withdrawal and Revocation
The residence permit may be revoked or withdrawn if serious grounds for expulsion become known after issuance or if the status was acquired by deception.
Distinction from Other Residence Titles
Settlement Permit
The Settlement Permit under § 9 AufenthG is the national permanent residence title. In contrast to the EU Permanent Residence Permit, it is limited to Germany and does not provide rights of establishment in other member states.
EU Blue Card and Other Titles
Union law provides for other residence titles, such as the EU Blue Card for highly qualified workers. However, the EU Permanent Residence Permit is the only permit that creates a largely harmonized EU-wide permanent residence status.
Significance for Integration and the EU Legal Status
The EU Permanent Residence Permit promotes the integration of third-country nationals by granting them almost equal status to nationals of the Member States, especially regarding access to the labor market, social security, and protection against discrimination. Nevertheless, it does not include voting rights or citizenship.
Literature and Further References
- Directive 2003/109/EC
- §§ 9a-9c, §§ 51 para. 9, 54, 55 Residence Act (AufenthG)
- Residence Ordinance (AufenthV)
- Federal Ministry of the Interior: Information for Immigrants
Summary: The EU Permanent Residence Permit is a central residence title for third-country nationals, which, under certain conditions, allows a legally protected, long-term stay in Germany and the European Union. It combines strong protection against expulsion with far-reaching rights in the labor market and the Union, giving it a key role within the residence law system.
Frequently Asked Questions
What requirements must be met to obtain the EU Permanent Residence Permit?
To obtain an EU Permanent Residence Permit, a third-country national must, pursuant to § 9a Residence Act (AufenthG), generally have lawfully held a residence title in Germany for at least five years. During this period, stays abroad may not exceed six months at a stretch, or ten months in total. Furthermore, sufficient knowledge of the German language (usually at level A2), basic knowledge of the legal and social system, and living conditions in Germany are required. The applicant must be able to secure the livelihood of themselves and dependent family members, which must be proved by evidence of secure income and sufficient health insurance. Adequate housing conditions are also necessary, i.e., the living space must be appropriate and available on a long-term basis. Absence of criminal convictions is another requirement; serious or repeated violations of criminal law may result in refusal.
What rights are granted with the EU Permanent Residence Permit?
With the EU Permanent Residence Permit, the holder is granted extensive rights. This includes an unlimited right of residence in Germany, not tied to any specific activity or place. Employment is generally permitted, including self-employment. Furthermore, the permit entitles holders to stay for up to six months in other EU member states. Based on Directive 2003/109/EC, residence permits for employment or other reasons can be applied for in other EU countries under certain conditions. This promotes mobility within the EU. Access to social benefits, education, and the healthcare system is equivalent to that of German nationals. In addition, family members may join through family reunification, although specific requirements apply to them.
How does the EU Permanent Residence Permit differ from the Settlement Permit?
Although the EU Permanent Residence Permit and the Settlement Permit are similar in many respects, there are legally relevant differences. The Settlement Permit (§ 9 AufenthG) grants only unlimited residence within Germany and is a purely national residence status. It does not grant any rights to reside or work in other EU Member States. The EU Permanent Residence Permit, on the other hand, is based on EU-wide regulation (Directive 2003/109/EC) and offers broader rights in terms of mobility and taking up employment in other Member States, provided their national laws allow such transfer. Regarding requirements such as securing means of subsistence and proof of language skills, there may also be slight differences depending on the residence title. Both titles are generally not mutually exclusive and can be applied for in parallel.
What evidence must be provided for subsistence?
To prove self-sufficient means of subsistence, it is necessary that no public benefits such as unemployment benefit II, basic security, or social assistance are required (with the exception of child benefit, parental allowance, or housing allowance, provided these are not counted towards subsistence). Regular income documentation must be provided, such as employment contracts, payslips, or, in the case of self-employment, business assessments and tax notices. Income must be sufficient to cover both the applicant’s own needs and those of spouses and dependent children. Proof of health insurance must also be provided—this may be a membership certificate from a statutory or private health fund. The adequacy of housing must be demonstrated by rental or purchase agreements.
Can the EU Permanent Residence Permit be revoked or withdrawn?
The EU Permanent Residence Permit can be revoked or withdrawn according to the provisions of § 52 para. 1 no. 4 AufenthG if the statutory requirements are no longer met. This is the case, for example, if the holder spends twelve consecutive months outside the EU or obtains a residence permit in another European Union Member State. A significant breach of legal provisions, especially serious criminal convictions, may also lead to revocation or withdrawal. Revocation is also possible if the residence permit was obtained through deception, threat, or bribery.
What special regulations apply to recognized refugees or persons with subsidiary protection?
Recognized refugees and persons with subsidiary protection are subject to partially relaxed conditions; these individuals can obtain the EU Permanent Residence Permit if they have held their residence title for at least five years and have continuously resided lawfully in Germany. Periods of the asylum procedure can be credited according to specific regulations (§ 9a para. 5 in conjunction with § 26 para. 4 AufenthG). They must also provide proof of sufficient German language skills, secured means of subsistence, health insurance, adequate accommodation, and no serious criminal convictions. Note that when granting the EU Permanent Residence Permit, the refugee status will be noted in the residence permit if this is required to maintain further protection status.
How does the application procedure for the EU Permanent Residence Permit work?
The procedure for applying for the EU Permanent Residence Permit takes place at the competent local immigration authority. The application can be submitted at the earliest after five years of lawful residence. All necessary supporting documents (identity documents, proof of income, housing and language, health insurance, etc.) must be submitted with the application. The immigration authority will review all requirements and may request further documents or arrange for a personal interview. The decision is made by means of an administrative notice; in case of rejection, there is a right to file an objection and to initiate court proceedings before the administrative court. Until a final decision is made, the applicant is generally issued a provisional certificate to secure their stay in Germany.
