five years of possession of a residence permit, the former German citizen must have lost his or her citizenship at a point in time when he or she had been a German citizen for five years and had his or her habitual residence in the Federal Republic of Germany. level B1 CEFR. Once in German territory, you can apply for a residence permit or – in case of Sec 19 ResA – a settlement permit. It is not necessary to fulfil this requirement: It is not necessary for individual prerequisites for grant to exist in so-called atypical individual cases, i.e. 5. Sufficient living space is deemed to exist if the level of a publicly subsidised social rental apartment in the relevant region has been reached. The Blue Card scheme helps the German labor market attract well-trained workers and reduce skilled workers’ shortage. It is generally granted without reservation and may only be provided with an ancillary provision in the cases provided for by law. In accordance with the German Residence Act, you are considered a “skilled professional” when you belong to one of the following categories of persons: If you fulfil these requirements, make an appointment at your nearest Foreigners Authority in order to apply for a settlement permit. Holders of an EU Blue Card only have to prove language skills at level A1 CEFR if the other requirements of, Foreigners who hold a residence permit in accordance with, in the case of foreigners who held a residence permit or a residence entitlement before 1 January 2005, the only requirement is that they are able to make themselves understood orally in the German language in a simple manner, i.e. Applying for a settlement permit is associated with fees that vary according to the job category in question. 21 (4) AufenthG (German Residence Act), website of the Federal Office for Migration and Refugees (BAMF), https://www.make-it-in-germany.com/en/visa/living-permanently-in-germany/settlement-permit, Persons who have completed vocational training (, Persons who have completed academic training (, International researchers in accordance with. If you want to live indefinitely in Germany and the EU, these are the two permits to research. Under what Conditions am I entitled to a Settlement Permit? In addition, in the case of a stay of at least five years, the residence permit represents an interest in remaining in accordance with § 55 (1), i.e. 5 German Residence Act or § 27 Para. You will receive a confirmation email after submitting the form. A German settlement permit is a permanent residence for foreigners who have lawfully lived for a number of years in Germany. The authority first calculates what income is available to secure subsistence in accordance with § 11, Subsection 2, SGB II. The identity of the applicant must be clarified; if he/she is not entitled to return to another state, his/her nationality must also be clarified, there must be no interest in expulsion; this condition corresponds as far as possible to the condition “no contrary grounds of public policy or public security, the applicant must have entered the country with the required visa, for foreigners with a residence title pursuant to, in all other cases, the authority has a discretionary power and may waive this requirement. If the certificates required as proof are not available, a language test can be taken for the settlement permit. Von-Coels-Straße 214 Payment of Pension Insurance Contributions, 4. 40212 Düsseldorf 3, §§ 35, 38 (1) no. The living space is not sufficient if it does not comply with the legal provisions that also apply to Germans with regard to condition and occupancy, e.g. 3 sentence 2, § 104 para. 2 AufenthG), the Permanent residence permit may be issued to foreigners who have: 1. been living in Germany for atleast 5years 2. shown that they can sustain themselves without depending on the government 3. been making payments into the federal pension fund (gesetzlichen Rentenversicherung) for at least 60months 4. no criminal record 5. at least B1 in Germa… You have paid into the statutory pension insurance fund for 24 months. Graduates from a German University (§ 18b AufenthG) A non-EU foreigner who graduates from a German University or comparable institution in Germany, may get a permanent residence permit when they have: held a work permit for at least 2 years after graduation; a job that relates to what they studied for (professional qualifications) A longer period may be allowed on request, if the stay is in the interest of the Federal Republic of Germany abroad. To be allowed to stay in Germany long-term, and to travel in and out of the country as you please, you’ll need a Settlement Permit. Federal Office for Migration and Refugees (BAMF), Centre of Excellence for Asylum, Migration and Integration in Germany. However, generally, the cost of obtaining a settlement permit is EUR 113. Once contact has been made our experienced immigration lawyers can provide the specialised focus and attention your case needs. A permanent settlement permit cannot be issued to persons who hold a residence permit issued on humanitarian grounds pursuant to § 24, § 25 subs. If this prerequisite is fulfilled, the requirements specified in § 26 (4) German Residence Act apply (see: § 26 (4), § 26 (4) sentence 4). Our experience with this firm has been superb. Family members of a German national in individual cases to avoid hardness, for example: if attendance of an integration course was permanently impossible or unreasonable, if the applicant has a degree from a German Hauptschule or a comparable or higher school leaving certificate from a German general school, Spouses who live in a marital relationship with a German and for whom there is no interest in deportation, provided that the further requirements of, Parents of an underage unmarried German child for whom they are responsible for personal care and with whom they live in a family relationship in Germany, provided that they have no interest in expulsion, provided that the other requirements of, minor unmarried children of Germans living with him in a family relationship in Germany and who are not interested in being deported, provided that the other requirements of, for children of Germans with a residence permit for family reasons, provided that the other requirements of, if the applicant is unable to provide proof because of a physical, mental or psychological illness or disability. Costs. Together with the long-term residence permit – EU, it is the legally strongest form of the seven types of residence permits. After receiving your request, we will make a short preliminary assessment on the basis of the information provided and give you a cost estimation. This will hopefully provide you with a clearer insight into the topic and especially in terms of your issues around a German settlement permit. Initially, to attain the permit, the individual should have a university degree and a German employment contract and a minimum gross salary required 55200 EUR and 43056 EUR per annum for mathematics, computer science, the natural sciences, engineering and human medicine. It was a very time-sensitive issue since I required my work Visa as soon as possible to be able to start with my new job. I had been waiting for my appointment with the Immigration Office in Berlin when the city had been in lockdown due to Covid. The provision is aimed at foreigners who hold a residence permit for the purpose of self-employment. In this context, subsistence is to be understood as the totality of the means necessary to meet a person’s needs. Germany has moved from a 20th century economy to a 21st century economy in which communication, technology and science is highly valued. If you’re the holder of an EU Blue Card, you know that one of this visa’s top benefits is the early eligibility to switch from employment-dependent residence permit to permanent residency. 3. A family member is anyone who provides maintenance payments on the basis of family ties (including stepparents or siblings). the seriousness or nature of the breach of public security or public order, for seasonal employment, if the applicant holds a residence permit for the purpose of seasonal employment. In order for the authority to consider granting a settlement permit, the following conditions (see: General Conditions) must be met: The following applies to children with a humanitarian right of residence: In order for the authorities to consider granting a settlement permit, the requirements listed in § 35 German Residence Act must be met. As a rule, the required language skills are proven if the applicant has. The German residence permit (German: Aufenthaltstitel) is a document issued to non-EU citizens (so-called third-country nationals) living in Germany.. In addition to the permit for permanent residence in the EU, the settlement permit is the legally strongest form of the five types of residence permit. You can apply for this after having had a temporary residence permit for a few years, or if you’ve had a Blue Card. In general, applying for a settlement permit costs EUR 113. Most foreign residents can apply for a permanent residence permit – a “settlement permit” (Niederlassungserlaubnis) – after five years. 4b s. 1 Aufenthaltsgesetz (AufenthG) [German Residence Act]. You are here: Previous article Residence for EU citizens in Germany I. Highly-qualified persons, § 19 German Residence Act, II. Unlimited employment permit (for employees). Five years of Possession of a Residence Permit, d. Securing Livelihoods Through Third Parties, e. Special Arrangements for Certain Categories of Persons, 3. Contact us today to find out more! If special permits are required for the exercise of certain professions, a foreigner who wishes to exercise this profession as a self-employed or employed person must have the necessary permit. By continuing to browse the website, you agree to our use of cookies. Possession of a residence permit for humanitarian reasons for seven years. If you have been living in Germany with a temporary residence permit for a few years, you can apply for an indefinite residence title called a settlement permit.. Federal Office for Migration and Refugees (BAMF) says it is advantageous to apply for this permit since it entitles you to unrestricted right to live in Germany with your family. Self-Employed Persons, § 21 (4) German Residence Act, III. Please use the form below to inform us about your concerns regarding German settlement permits. Sufficient Knowledge of the German Language, 8. 18d AufenthG (German Residence Act), Sect. Exception: If the family member does not reside in Germany, the applicant must provide additional proof that appropriate funds are available until the expiry of the validity of his or her residence title. The following foreign family members are affected by this regulation: If these two prerequisites are fulfilled, the general prerequisites apply in addition in an amended form: Conditions for children who have been in possession of a residence permit for five years for family reasons at the age of 16: Prerequisites for children who have only been in possession of a residence permit for five years after reaching the age of 16 for family reasons, there is an additional requirement that sufficient knowledge of the German language is required, i.e. 3 and 4, § 28 para. This can be assumed if the same regulations apply to Germans. Exception: for a settlement permit in accordance with § 26 (4) German Residence Act: Generally be credited to the required duration: Example: A foreigner has been living in Germany with a settlement permit since January 2010 and leaves the country in February 2017. Once the settlement permit has been granted, the settlement permit is automatically transferred when a new passport or German passport replacement document is issued, without the need to re-examine the conditions for granting it. I had some immigration issues with getting my girlfriend a VISA to come visit me in Germany. Amounts according to § 11 b SGB II as well as all amounts necessary to secure the subsistence are deducted from the income, for example: If a sum is left over after this, which is so high that the applicant is not entitled to public benefits, their livelihood is deemed to be secured. Special conditions apply to them: This concerns foreigners who have a residence permit for humanitarian reasons. The settlement permit is an unlimited residence permit. They include: 1. You possess sufficient knowledge of the German language (B1 level in accordance with the Common European Framework of References for Languages (CEFR)) as well as knowledge of the legal and social order and of the German way of life. You have sufficient command of t… Most expats will need to apply for German citizenship by naturalization. If these two conditions are met, the general conditions apply in an amended form: Foreigners who have been treated as Germans by German authorities for reasons for which they are not responsible can obtain a settlement permit under the same conditions as former Germans, § 38, paragraph 5 German Residence Act. You can provide proof that you and your family members are able to permanently cover your costs of living. 1.Residence permit 2.EU Blue Card 3.Permanent settlement permit 4.EU long-term residence permit (). An employment permit for employees is not required in the following cases, § 4, para. 18c (2) AufenthG (German Residence Act). Exception: For children with a residence title for family reasons who were exempted from the requirement of a residence permit according to § 2 DVAuslG due to their age before 1 January 2005, the periods of their legal residence without a residence permit are credited as periods of possession of a residence title, provided that the stay served to establish and maintain the family cohabitation in the Federal territory; crediting: 100%. The permit is granted by your local Foreigners Authority. We monitor the situation locally and worldwide and take all measures to protect our clients. A permanent settlement permit cannot be issued to persons who hold a residence permit issued on humanitarian grounds pursuant to § 24, § 25 subs. Such entitlements are the pension entitlement for the time of retirement from working life upon reaching the corresponding age limit and the pension entitlement in the event of premature retirement from working life due to incapacity for work or occupational disability. It is not the same as becoming a German citizen or having Aufenthalrserlaubnis or a Temporary Residence Permit. Expiration of permanent residency. This is not necessary if the foreigner is unable to meet the requirement due to a physical, mental or psychological illness or disability. The applicant must make their living either from their own resources or from the resources of third parties which are not public funds. Conflicting grounds of public security and public order are, for example: The immigration authority weighs the private interests of the person against the public interests. Special mention to Ms. Abschira Kontny who had been in charge of my case, thanks to whom we were able to clarify several critical questions from HR before my tentative start date and has always been very professional, friendly and on top of things. Basic Knowledge of the Legal and Social Order and Living Conditions in the Federal Republic of Germany, 10 General prerequisites for granting the residence permit, § 5 AufenthG, II Special provisions for certain categories of persons, 1. in the case of students due to pregnancy. With the permanent residence permit, you can work in Germany as well as travel in and out of the country whenever you need. We work with individuals and businesses in all areas of immigration law. Applications usually close on 30 June 2021. This applies to foreigners who have successfully completed their studies at a state or state-recognised higher education institution or a comparable educational establishment in Germany. For certain groups of persons, however, special regulations apply with regard to the length of stay: Exception: in case of sufficient knowledge of the German language the period is reduced to 21 months for EU Blue Card holders. The consultation I had with them was indeed informative and helpful. Secondly, the reasons for granting the residence permit must continue to exist. Please note: In some cases, a settlement permit can be issued under facilitated conditions. Sufficient knowledge of German (min. Highly qualified professionals are required to paid EUR 147 to apply for a settlement permit. 4 a, sentence 2 German Residence Act, § 6 Para. 1 German Residence Act. Exception: If the foreigner is undergoing training leading to a recognised school or vocational training qualification or a university degree, fulfilment of this requirement is not necessary. 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