Definition and Legal Framework of the Settlement Permit
Die Settlement Permit is a type of permanent residence permit under German residence law. It entitles foreign nationals to remain permanently in the Federal Republic and engage in employment. The settlement permit is regulated by the Residence Act (AufenthG) and is one of the most important forms of permanent residency status. The following provides a comprehensive overview of its origins, requirements, rights and obligations, as well as special cases.
Legal Foundations
Residence Act (AufenthG)
The settlement permit has its legal basis in § 9 AufenthG. In addition, specific regulations for special groups are contained in individual paragraphs, such as for highly qualified individuals, self-employed persons, or recognized refugees.
Distinction from Other Residence Titles
In contrast to the temporary residence permit the settlement permit is granted for an indefinite period. It is also to be distinguished from the Permanent EU Residence Permit, which grants additional rights regarding residence in other EU member states.
Requirements for Granting a Settlement Permit
The requirements for obtaining a settlement permit are regulated in §§ 9 et seq. AufenthG and include both general and special conditions.
General Requirements under § 9 AufenthG
- Five years’ possession of a residence permit: As a rule, the applicant must have lawfully resided in Germany for at least five years with a temporary residence permit.
- Securing the Livelihood: The person must be able to cover their own living expenses, and those of any dependents, without recourse to public funds (§ 2 para. 3 AufenthG).
- Contributions to the Statutory Pension Insurance: Proof must be provided of at least 60 months of compulsory contributions to the statutory pension insurance.
- No Grounds for Expulsion: There must be no grounds justifying expulsion (e.g., criminal offenses).
- Permission for Gainful Employment: The residence permit held must include/allow the exercise of gainful employment.
- Adequate Knowledge of German: Applicants must have at least B1 level knowledge according to the Common European Framework of Reference for Languages.
- Basic Knowledge of the Legal and Social Order and Living Conditions in Germany: Proof via an integration course or equivalent knowledge.
- Adequate Accommodation: Sufficient accommodation must be available for the applicant and their family.
Special Provisions for Certain Groups
Highly Qualified Persons (§ 19 AufenthG old version, now § 18c para. 3 AufenthG)
Highly qualified professionals may obtain a settlement permit under simplified conditions immediately or after a shorter period, especially if there is a particular economic or scientific interest.
Spouses and Family Members
Spouses of persons who already possess a settlement permit may also be entitled to a settlement permit under certain conditions. Minor children may also benefit from relaxed requirements depending on their life situation and length of stay.
Recognized Refugees and Beneficiaries of Subsidiary Protection (§ 26 AufenthG)
People with recognized refugee status or subsidiary protection can apply for a settlement permit after five years (after three years if integration achievements are demonstrated).
Rights and Obligations in Connection with the Settlement Permit
Rights of Holders
- Permanent Residence: The settlement permit grants permanent residence in Germany, which is not subject to specific conditions.
- Unrestricted Employment: All forms of employment may be practiced.
- Family Reunification: Facilitated reunification of family members is possible if the necessary requirements are met.
- Freedom of Movement within Germany: Residence and place of work can be freely chosen anywhere in Germany.
- Acquisition of Real Estate: With a settlement permit, foreign nationals may purchase real estate.
Obligations of Holders
- Registration Requirement: The obligation to register and re-register one’s residence continues to apply.
- Residence in the Federal Territory: A prolonged absence abroad (usually over six months) may lead to the expiration of the settlement permit (§ 51 para. 1 no. 7 AufenthG).
- Integration Requirement: In some cases, additional integration measures are required, e.g., participation in integration courses or proof of ongoing language proficiency.
Revocation, Expiry and Withdrawal of the Settlement Permit
Reasons for Expiry
The settlement permit expires, among other reasons, if
- the holders leave the Federal territory for more than six months,
- an expulsion is carried out,
- another residence status is adopted,
- in individual cases there are serious offenses against public safety and order.
Revocation and Withdrawal
The authority may revoke or withdraw an already granted settlement permit if the requirements were not fulfilled at the time of issue or have subsequently ceased to exist.
Settlement Permit – Procedure and Application
Competent Authorities
The immigration authorities of the respective cities and districts are responsible for processing and deciding on applications for a settlement permit.
Application Process
- Informal application required at the immigration authority
- Documents to be Submitted: including proof of periods of residence, means of subsistence, health insurance, pension insurance periods, language skills, proof of accommodation, if applicable, integration course certificate
- Processing Time: In practice, from a few weeks up to several months, depending on the case and the authority’s workload
Special Forms and Alternatives to the Classic Settlement Permit
Permanent EU Residence Permit (§ 9a AufenthG)
The permanent EU residence permit is another permanent residence title that allows additional rights in other European countries.
Residence Titles for the Self-employed and Investors (§ 21 para. 4 AufenthG)
Entrepreneurs may, under certain conditions, obtain a permanent settlement permit after just three years if their business is successfully established.
Summary
The settlement permit is a central component of German residence law and enables foreign nationals to live permanently and securely in Germany. Its granting is subject to clear, legally defined criteria, while various special rules and facilitations exist depending on the group of individuals. Possession of a settlement permit is associated with extensive rights, but also with certain obligations and integration requirements. Given the frequently amended legal regulations, a careful review of the individual prerequisites on a case-by-case basis is recommended.
Frequently Asked Questions
What requirements must be met in order to obtain a settlement permit?
The granting of a settlement permit in Germany requires compliance with various legal conditions in accordance with § 9 of the Residence Act (AufenthG). Applicants must have resided lawfully and without interruption in Germany for at least five years. During this period, at least 60 months of mandatory or voluntary pension insurance contributions must usually be made. In addition, sufficient knowledge of the German language as well as basic knowledge of the legal and social order and living conditions in Germany must be demonstrated. Proof of a secure livelihood, which must be provided without recourse to public funds (with the exception of child benefit, parental allowance, or similar benefits), must equally be provided. Furthermore, evidence of sufficient living space and the absence of criminal offenses or other serious grounds for expulsion is required. For certain groups—such as highly qualified persons, the self-employed or spouses—special rules may apply that allow for shorter periods of stay or different requirements.
What legal advantages does the settlement permit offer compared to a residence permit?
The settlement permit offers, in comparison to the residence permit, a permanent residence title and thus a permanent right of residence in Germany. It is not tied to a specific purpose, such as work, study, or family reunification, and therefore provides far-reaching legal security and planning prospects. In addition, the settlement permit ensures full access to the labor market, meaning that holders can generally take up any employment, either self-employed or employed, without the need for renewed official approval. There is also special protection against expulsion: a settlement permit can generally only be withdrawn if there are especially serious grounds for expulsion, such as grave criminal offenses. Access to social security benefits, such as child benefit, BAföG or parental allowance, is also simplified. Finally, after meeting further legal requirements, holders may in many cases take further steps toward naturalization.
To what extent can a settlement permit be revoked or withdrawn?
Although the settlement permit is granted for an unlimited period, it is not absolutely irrevocable. Withdrawal or revocation is governed by §§ 48, 49 of the Administrative Procedure Act (VwVfG) as well as § 52 of the Residence Act. Withdrawal is possible, for example, if the permit was obtained through deception, threat, bribery, or false information. Revocation may occur if, subsequently, reasons arise that would have opposed granting from the outset, such as the commission of serious criminal offenses after the permit was issued. Prolonged stays abroad can also lead to expiration if no residence permit under § 51 para. 1 no. 7 AufenthG is held, especially if the person concerned stays outside Germany for more than six months continuously. Factors such as the duration of protected integration, family ties, and other circumstances are considered as part of the discretion in the event of an impending termination.
What special features apply for spouses and minor children when obtaining a settlement permit?
Spouses and minor children of settlement permit holders benefit from certain legal facilitations. For spouses, a shorter period of lawful residence—three years—is often sufficient if they have a marital cohabitation with the partner holding the settlement permit. In addition, simple knowledge of German (level A1) must be demonstrated, and they must also be able to secure their livelihood independently. There is a distinction for minor children: children who, from the age of 16, can prove eight years of permitted residence and sufficient German language skills may obtain a settlement permit on relaxed terms. For younger children, a separate claim is generally not provided; however, they receive the relevant residence titles as part of family reunification.
How does a change in the purpose of stay affect the settlement permit?
Once the settlement permit is granted, a change in the purpose of stay is generally no longer relevant, as the settlement permit is not tied to a specific purpose but constitutes a permanent and purpose-independent residence title. However, during the application process, it is decisive under which purpose the previous residence permit was obtained. Changing the purpose can affect the recognition of periods of residence and pension contributions. For example, periods spent in study or training are counted only to a limited extent toward the required minimum period of stay and do not count for pension insurance contributions. Only after the settlement permit is issued does this binding to the original purpose of stay lapse, and the holder enjoys unrestricted freedom regarding permitted activities.
Does the settlement permit give entitlement to family reunification?
The settlement permit generally establishes an entitlement to family reunification according to §§ 27 et seq. of the Residence Act. Spouses and minor unmarried children of settlement permit holders may apply for reunification under facilitated conditions. The usual prerequisite is proof of adequate living space and secure subsistence for the family joining. For spouses, simple knowledge of German is sufficient. Reunification of other family members (e.g., parents, adult children) is only possible under strict legal requirements, such as in cases of exceptional hardship or special family circumstances. In addition, the residence titles granted to joining family members will be based initially on the residence permit; an independent entitlement to a settlement permit for these persons arises only after fulfillment of the usual requirements.
