Concept and legal basis of the permanent residence permit for skilled workers
Definition of the permanent residence permit for skilled workers
Die Permanent residence permit for skilled workers is an unlimited residence title pursuant to § 18c of the Residence Act (AufenthG), which can be granted to qualified foreign employees after several years of lawful residence and successful integration into the German labor market. It grants its holder the right to reside permanently in Germany and to engage in employment without restrictions.
Legal basis
The legal basis for the permanent residence permit for skilled workers is found particularly in the following provisions of the Residence Act (AufenthG):
- § 9 AufenthG (general permanent residence permit)
- § 18c AufenthG (permanent residence permit for skilled workers)
- § 18d AufenthG (permanent residence permit for researchers)
- § 26 Employment Regulation (BeschV)
- § 45 Residence Ordinance (AufenthV)
These regulations specify the general and specific requirements as well as the application, review, and decision-making procedures.
Requirements for granting the permanent residence permit for skilled workers
General requirements
The general requirements according to § 9 (2) AufenthG apply for granting the permanent residence permit to skilled workers:
- Possession of a valid passport or substitute passport
- Secured livelihood without recourse to public funds
- Proof of adequate living space
- No grounds for exclusion according to § 5 (1) and (2) AufenthG (e.g. no grounds for expulsion)
- Clarification of identity
Specific requirements according to § 18c (1) AufenthG
In addition to the general requirements, the following specific requirements in particular must be met:
- Possession of a residence title under Chapter 2 Section 4 of AufenthG (labor migration), e.g. as a skilled worker with vocational training (§ 18a AufenthG), as a skilled worker with academic training (§ 18b AufenthG), or as a holder of the EU Blue Card (§ 18g AufenthG)
- At least four years of uninterrupted residence with employment in Germany (reduced to 33 months for holders of the EU Blue Card, possibly to 21 months upon attaining a certain language proficiency level)
- Proof of employment subject to social insurance contributions during this period
- Payment of at least twenty-four months of compulsory contributions to the statutory pension insurance (reduced for Blue Card holders)
- Proof of sufficient German language skills (at least level B1 CEFR)
- Basic knowledge of the legal and social system and the living conditions in Germany (integration course)
- No criminal convictions
Procedure for application and granting
Application submission
The application for granting a permanent residence permit must be submitted personally to the competent immigration authority. The application can be submitted at the earliest six months before fulfillment of the waiting period. It is required to present all proofs and documents that substantiate fulfillment of the requirements.
Decision process
The immigration authority particularly checks the following:
- The identity of the applicant
- The uninterrupted maintenance of a sufficient residence title
- The integration progress, especially through proof of language skills and social integration
- The professional activity and payments to the pension insurance
A legal entitlement exists if all requirements are met. The authority may also obtain third-party consents, such as approval from the Federal Employment Agency, as part of the granting process.
Scope and rights under the permanent residence permit
Holders of the permanent residence permit for skilled workers are entitled to an unlimited residence permit with unrestricted access to the German labor market. This includes the right to self-employment and dependent employment. In addition, they may apply for an EU long-term residence permit in accordance with § 9a AufenthG, which enables mobility within the European member states.
Family reunification is also possible—subject to the general requirements.
Special provisions and facilitations
Special provisions for holders of the EU Blue Card
Eased conditions apply to holders of an EU Blue Card:
- Minimum residence of 33 months (instead of four years); with proof of German language skills at level B1, a minimum residence of only 21 months is sufficient (§ 18c (2) AufenthG)
- No further proof of livelihood is required if this was already covered by the employment under the Blue Card
Naturalization perspective
The time spent in Germany with a permanent residence permit for skilled workers counts toward the residence period required for naturalization. This can accelerate naturalization under § 10 of the Nationality Act (StAG).
Granting, denial, and expiration of the permanent residence permit for skilled workers
Grounds for refusal
The immigration authority may refuse the application for a permanent residence permit for skilled workers in particular in the following cases:
- There is a public interest in expulsion
- The requirements under § 18c AufenthG are not met
- False information is provided or forgeries are submitted
Expiration
The permanent residence permit for skilled workers can, according to § 51 (1) AufenthG, expire inter alia if the holder leaves Germany for more than six months or if there is a ground for expulsion.
Revocation
A revocation is possible under the conditions of § 52 AufenthG, particularly in case of subsequent loss of eligibility or serious violations of German legal provisions.
Transitional provisions and change to other residence titles
A previous residence title as a skilled worker will be credited. A change from other residence titles, such as a residence permit for study purposes, generally takes place upon application after successful completion of professional qualification and employment.
Significance for the labor market and integration
The permanent residence permit for skilled workers is a central instrument of German migration and integration policy. It aims to sustainably meet the demand for skilled workers and to offer qualified individuals a long-term perspective in Germany. By combining professional qualification, language promotion, and integration requirements, it contributes to successful integration into society and the labor market.
Sources:
- Residence Act (AufenthG)
- Employment Regulation (BeschV)
- Residence Ordinance (AufenthV)
- Federal Ministry of the Interior and Community (BMI)
- Federal Office for Migration and Refugees (BAMF)
This article presents the legal status on the term permanent residence permit for skilled workers comprehensively and objectively. Changes due to legislation are possible and must be considered.
Frequently Asked Questions
What are the requirements that skilled workers must meet to be granted a permanent residence permit?
Skilled workers, in order to be granted a permanent residence permit in Germany under § 18c of the Residence Act, require a valid residence permit under §§ 18a, 18b, 18d, or 19c AufenthG for qualified employment. In addition, they must have possessed such a residence permit in Germany for at least four years. During this period, the skilled worker must have been continuously employed and have adequately secured their livelihood through employment; existing employment relationships must comply with social security law requirements. Furthermore, it must be proven that there are no prior criminal convictions, sufficient German language skills are present (usually at least B1 level of the CEFR), retirement provision is secured (proof of at least 48 months of mandatory or voluntary contributions to the statutory pension insurance), and sufficient living space is available. In addition, basic knowledge of the legal and social order and of living conditions in Germany is required, which is usually evidenced by successful completion of an integration course.
How is proof of adequate pension provision for the permanent residence permit provided?
Skilled workers must prove that they have paid at least 48 months of mandatory or voluntary contributions to the statutory pension insurance in Germany. Both contributions from dependent employment and voluntary payments—such as in the case of self-employment or private pension provision upon application—count. It should be noted that contribution periods from abroad are generally not considered unless there are bilateral social security agreements allowing for recognition. Proof is provided by a pension insurance certificate from the German pension insurance, showing the duration and amount of contributions.
Can periods of employment abroad be counted toward the waiting period?
Generally, only periods are credited during which the skilled worker was authorized to work in Germany with a qualified residence permit. Periods of employment abroad can only be considered if this is explicitly regulated by a social security agreement between Germany and the respective country of origin. For the waiting period for the residence title—that is, the four-year employment—the crucial point is that the person has resided in Germany and engaged in qualified employment. Only German contribution periods are considered for pension insurance.
Are there special provisions for holders of a German or equivalent university degree?
For skilled workers with a German university degree or a recognized foreign equivalent, there is the possibility under certain conditions to obtain the permanent residence permit already after 24 months (§ 18c (2) AufenthG). The requirement is, in this case, appropriate qualified employment and proof of 24 months of mandatory contributions to the statutory pension insurance. Furthermore, sufficient German language skills (at least B1), a secured livelihood, and adequate living space must also be demonstrated. The remaining requirements, such as the absence of criminal records and basic knowledge of the legal system, remain unchanged.
How is sufficient language proficiency demonstrated?
Proof of sufficient German language skills (usually B1 according to the Common European Framework of Reference for Languages) is usually provided by a recognized language certificate, for example from telc, Goethe-Institut, or ÖSD. Alternatively, successful participation in an integration course with completion of the B1 language test can serve as proof. In exceptional cases, language proficiency may also be demonstrated by other suitable evidence, for example if professional activities show that the necessary language skills are present in everyday and work life. The authority checks the appropriateness and validity of the submitted evidence in each individual case.
What impact do criminal offenses or ongoing criminal proceedings have on the issuance of a permanent residence permit?
The issuance of a permanent residence permit is regularly excluded if the skilled worker has been convicted by final judgment for an intentional offense, unless it is a minor conviction (for example fines of up to 90 daily rates or up to three months imprisonment, which has been suspended on probation and remitted). Ongoing investigations or criminal proceedings can also lead to the application being suspended or rejected until the proceedings are concluded. The immigration authority carefully checks the entries in the Federal Central Register to ensure that there are no grounds for refusal.
What role does proof of adequate living space play?
The skilled worker must prove that adequate living space is available for them and their family members living with them in Germany. The requirements for size are based on the regulations of the state building codes and administrative practice of the individual federal states, with around 12 square meters per person aged six or older being a guideline and less (usually 10 sqm) for younger children. Proof is provided by submitting a rental contract or certificate of ownership specifying the living area. The immigration authority checks whether the living space is appropriate and humane for the size of the family.
Is it possible to obtain the permanent residence permit despite short interruptions in employment?
Minor interruptions in employment, such as temporary unemployment, are tolerated from a legal perspective, provided that overall they do not significantly alter the character of continuous employment. Immigration authorities have some discretionary power here, but in the case of longer interruptions or gaps in pension insurance, a new period will regularly be imposed. In particular, exceptions may be made for interruptions due to illness or parental leave, provided that the insurance status was maintained or continued immediately thereafter. Individual case decisions are the rule in these situations.
