*Required fields, Mon. Find out at the Foreigners Authority which individual documents need to be submitted. Proof of basic knowledge is not required: The applicant must provide evidence of sufficient accommodation for himself and his family members living with him in the same household. 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. On 24 November 2020, against the background of the German EU Council Presidency, the "EASO Third Country Cooperation Network Meeting" took place at the Nuremberg headquarters of the Federal Office. Highly qualified professionals are required to paid EUR 147 to apply for a settlement permit. there is a recognisably low need for integration. Most expats will need to apply for German citizenship by naturalization. 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. With offices in Aachen, Cologne and Düsseldorf as well as conference rooms in Berlin, Frankfurt, Munich, Hamburg and Stuttgart we are available nationwide. Full-Service Kanzlei für Privatpersonen und Unternehmen. The settlement permit is an unlimited residence permit. If you leave Germany for a period of more than six months, your permanent settlement permit … 09:00 – 19:00 o’clock The following special requirements must be met for the issue of an EU Blue Card: Exception: in case of sufficient knowledge of the German language (level B1 GER) the period is reduced to 21 months. However, generally, the cost of obtaining a settlement permit is EUR 113. Graduates of German Universities, § 18 b German Residence Act, 2. You are employed at a job for which you are qualified or that adequately suit your qualifications. for applicants who were in possession of a residence permit or residence authorisation before 1 January 2005, if a physical, mental or psychological illness or handicap does not make it impossible to fulfil the requirements, but makes it considerably more difficult in the long term, if the applicant was already over 50 years of age when entering the country, if attendance of an integration course was permanently impossible or unreasonable due to the need for care of a relative, for each family member over the age of six years, 12 square meters and, ten square metres of living space for each family member under the age of six. In March 2019, he applies for a new settlement permit: He has stayed in Germany for seven years with a settlement permit, from which the two years abroad must be deducted, which results in five years of residence. three years of possession of a residence permit for the purpose of establishing a family relationship; only the period of possession of a national visa for family reunion is taken into account, adequate knowledge of the German language: level B1 CEFR. A. Anyone who wants to apply for a permanent residence permit in Germany needs to fulfil certain basic conditions: 1. When it comes to immigration law in Germany look no further than Schlun & Elseven. Spouses who live in marital cohabitation with a German and for whom there is no interest in deportation, provided that the other requirements of, for foreigners who hold a residence permit according to, For children of foreigners with a residence title for family reasons, the deviating requirement under. We ended with a solution that exceeded anything we imagined. If you have any questions, you can call us at any time. 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. A permanent settlement permit cannot be issued to persons who hold a residence permit issued on humanitarian grounds pursuant to § 24, § 25 subs. Fax: 0221 932959669, Schlun & Elseven Rechtsanwälte PartG In addition to the German permanent residence permit, there is also a EU permanent residence permit. 4. 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. Appointments only after Foreign Children with a Residence Permit for Humanitarian or Family Reasons, § 26 (4) German Residence Act, § 38 (3) German Residence Act, V. Family members of a foreigner who were in possession of a Residence Permit or Authorisation under the Immigration Act prior to 1 January 2005, § 104 (7) German Residence Act, VI. 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%. You have made contributions to a statutory pension schemefor at least 60 months or can provide evidence of a comparable old-age provision. remunerated activities, an EU Blue Card or a residence permit for family reasons. 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. The staff is wonderful, answering questions and providing updates quickly and efficiently. This can be proved by way of passing the. Required existence of the professional licence. Thanks to the current situation in Germany, we are again offering on-site appointments. Holder of an EU Blue Card, § 19 a German Residence Act, 3. It offers much more security than these two. Contact us today to find out more! It is not necessary to fulfil this requirement for: In the case of spouses and partners in a cohabiting partnership who are not covered by § 28(2) of the Residence Act, it is sufficient if one of the spouses or life partners provides proof of a professional licence, § 9 (3), § 27(2) of the Residence Act. I had an awesome experience working with this law firm specifically with Samir Muratovic! If you want to live indefinitely in Germany and the EU, these are the two permits to research. There are many requirements you’ll have to fulfil before you can apply. Secondly, the spouse’s livelihood must be secured by maintenance payments from the foreign regular spouse’s own resources after the dissolution of the marital cohabitation. This can be proved by way of passing the, You must be able to provide proof of academic training. You can live with your family members in Germany with no restrictions. You have been employed in a qualified job for at least 33 months during which you made monthly contributions to the statutory pension insurance fund. In what other Cases can the Authorities grant me a Settlement Permit? The permanent settlement permit is an unlimited residence permit which is issued to a successful applicant in order to consolidate his or her residence in Germany. 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. To obtain the settlement permit, you must fulfil the following requirements: Click here to find out which individual documents need to be submitted by self-employed persons when applying for a settlement permit. Learn about what you can do to obtain a settlement permit in Germany by consulting the website of the Federal Office for Migration and Refugees (BAMF). A Germany Permanent Settlement Permit is a residence permit to stay in Germany for an unlimited period of time. You are permitted to be in employment and hold the necessary permit. I had been waiting for my appointment with the Immigration Office in Berlin when the city had been in lockdown due to Covid. members of the organ of a legal person who are entitled to legal representation, partners in a general partnership or members of another group of persons, insofar as they are appointed by law, articles of association or partnership agreement to represent the group of persons or to manage the business, Possession of a residence permit according to, successful realization of the independent activity planned by the foreigner, Securing the subsistence of the alien and his dependants to whom he has to provide maintenance, Foreigners in possession of a residence permit according to. Please note: In some cases, a settlement permit can be issued under facilitated conditions. Once contact has been made our experienced immigration lawyers can provide the specialised focus and attention your case needs. Previous article Residence for EU citizens in Germany Which Regulations Apply to the Granting of a Settlement Permit? Sufficient knowledge of German German Immigration Lawyer for Private & Business Clients, § 18, para. 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. Exception: if the purpose of the limited term is only to re-examine the professional suitability. 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. Fulfilment of the general prerequisites for granting residence permits, in the case of applicants who have acquired another nationality in connection with National Socialist persecution measures or the consequences of war, in the case of former Germans who have lost their German nationality by law in accordance with, for persons who through no fault of their own and without knowledge of the consequences provided for by law have lost their German nationality through the acquisition of a foreign nationality, in the case of persons who are not responsible for their lack of means of subsistence, and in the case of persons who are likely to be able to ensure their subsistence soon, this condition is not necessary, in the case of persons who have not left Germany after losing their nationality, the requirement to leave the country in order to obtain a visa shall be waived, Scientists with special qualifications or with knowledge of above-average importance in a special field. 3 and 4, § 28 para. German Permanent Residence / Settlement Permit. A permanent residence permit allows an individual to stay for an unspecified period of time. Basic knowledge of the legal and social order and living conditions in the Federal Republic of Germany. However, only four years of this will be credited. The team is very cooperative and responsive. This can be proved by way of passing the. So, here’s how to get your German settlement permit. An undercutting of this housing size by about ten percent is harmless. You have sufficient command of t… No contrary grounds of public security or public order. and ancillary rooms (kitchen, bathroom, WC) must be able to be used to an appropriate extent. Even if housing benefit is actually received, subsistence is not assured. 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. Self-employed persons are applicable to a fee of EUR 124 and qualified professionals are required to pay a fee of EUR 147. the period of a residence permit or authorisation before 1 January 2005 is taken into account. Switches from a residence title granted for work purposes to an EU Blue Card or to a settlement permit for graduates of German universities were the second large group. The reverse is not true if the applicant is entitled to certain state benefits for himself. Family members of a German citizen are usually granted a settlement permit according to § 28 II AufenthG, if - they hold a residence permit for already three years, - they continue to live as a family with the German citizen, - no grounds for expulsion exist and - they can communicate in the German language in a simple manner. In the case of spouses and partners in a life partnership not covered by § 28(2) German Residence Act, it is sufficient for one of the spouses or partners to provide proof of pension provision, § 9 (3) sentence 1, § 27(2) German Residence Act. In the case of certain groups of persons and residence purposes, the authorities have the discretion to issue a settlement permit under simplified conditions. The meeting addressed the topic of knowledge management to improve the coordination between the European Member States in the context of international cooperation with third countries. It is not necessary to fulfil this condition for: The decisive factor here is that, assuming that private pension provision is continued, entitlements are acquired in the same amount as would arise if the foreigner had made 60 monthly contributions to the statutory pension insurance and would pay further contributions to the statutory pension insurance in future. Imprint For them the possibility remains to apply for a permit for permanent residence in the EU according to § 9a German Residence Act. Payment of at least 60 compulsory or voluntary contributions to the statutory pension insurance scheme or payment of expenses for an entitlement to comparable benefits from an insurance or pension institution. Residence permits (Aufenthaltstitel) A residence permit expires 6 months after departure from Germany. Adequate accommodation for the applicant and the members of his family living with him in the same household, Securing their livelihood regardless of whether benefits in accordance with, Jewish immigrants from the former Soviet Union with the exception of the Baltic States. 2 Sentence 3 German Residence Act. for former Germans, if they had been habitually resident in Germany for five years as Germans at the time of losing their citizenship, for children of Germans with a residence permit for family reasons who have been in possession of a residence permit for five years only after reaching the age of 16, provided that the further requirements of, if an integration course has been successfully completed or the final test of the integration course has been passed, if the applicant is able to make himself/herself understood orally in German in a simple manner (language level A1 CEFR) and. Highly qualified individuals are needed in Germany! It is a good idea to gather the required documents prior to entering Germany to be able to immediately obtain your settlement permit. But it is not the same as becoming a German Citizen (naturalization). The corresponding benefits are such: Exception: The use of individual state aid according to the SGB II or XII can be harmless in rare exceptional cases, e.g. Third parties may also contribute to securing the applicant’s livelihood, but stricter requirements apply here: An independent promise of debt must be made in accordance with § 780 BGB; in individual cases, a declaration of obligation in accordance with § 68 German Residence Act may also suffice. 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. Learn about what you can do to obtain a settlement permit in Germany by consulting the website of the Federal Office for Migration and Refugees (BAMF). 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. The following prerequisites must be fulfilled for the granting of a settlement permit: In addition, the following of the general conditions must be fulfilled: Holders of an EU Blue Card according to § 19a German Residence Act are affected. In principle, every foreigner is entitled to be granted a settlement permit if the following conditions are met: In principle, a residence period of five years is required, § 9 (2) German Residence Act. The German residence permit (German: Aufenthaltstitel) is a document issued to non-EU citizens (so-called third-country nationals) living in Germany.. Despite the shortage of appointments and the limited communication from the Einwänderungsamt, with the assistance from the SE-team I was able to start working and eventually we were able to get an appointment.A huge thank you to the team for my handling my case superbly. 1, para. Self-employed persons. 1.Residence permit 2.EU Blue Card 3.Permanent settlement permit 4.EU long-term residence permit (). 3,  German Residence Act. executives with general power of attorney or procuration. We look forward to your call! A family member is anyone who provides maintenance payments on the basis of family ties (including stepparents or siblings). B. Here you'll find answers to the most frequently asked questions about living and working in Germany, as well as about our Web site and partners. You have paid at least 48 months of mandatory or voluntary contributions to the statutory pension insurance fund. Conversely, living costs can be considered secure even though the following benefits are received: in accordance with § 7 Para. The authority first calculates what income is available to secure subsistence in accordance with § 11, Subsection 2, SGB II. Applying for a settlement permit is associated with fees that vary according to the job category in question. In this case it is not important whether these benefits are actually received – the mere qualification as a claimant is sufficient for the livelihood to be regarded as not secure. In order to safeguard special political interests, the Federal Ministry may order the BAMF to grant admission to foreigners from certain states or otherwise to certain groups of foreigners. Special conditions also apply to you when it comes to applying for a settlement permit. You can provide proof that you and your family members are able to permanently cover your costs of living. 5. In addition, the following general conditions apply: The special provision applies to foreigners who have one of the following residence permits: Two conditions must be met in order to facilitate the general conditions: If these two prerequisites are fulfilled, the general prerequisites apply additionally in an amended form: the foreigner, if born before 1 January 1964, has reached the age of 65, command of the German language: level C1 GER, Fulfilment of the general conditions for granting residence permits, § 5 German Residence Act. level B1 CEFR. 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. You can learn more in our chapter " EU permanent residence permit ". A German settlement permit is a permanent residence for foreigners who have lawfully lived for a number of years in Germany. A settlement permit opens many doors. According to the Aufenthaltsgesetz from 2008 : ( § 9 Abs. The fee for a German settlement permit varies according to job category. Settlement Permits. On April 10, I became an official permanent resident of Germany! 3. Königsallee 60F The following requirements apply: Have you successfully completed university or vocational training in Germany? We work with individuals and businesses in all areas of immigration law. It is generally granted without reservation and may only be provided with an … in the case of students due to pregnancy. In NRW, the exceptions in § 3 BeschV apply. I am very grateful and would definitely recommend taking up their services. You can find out which visa you need in order to come to Germany with the Visa-Navigator. 3 sentence 2, § 104 para. 4, § 23 para. In individual cases, highly qualified professionals can receive a settlement permit in accordance with Section 18c (3) AufenthG (German Residence Act) straight away without having to first spend a set amount of time in Germany. 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. The settlement permit entitles the holder to both employment as an employee and self-employment. Fax: 0241 47571469, Schlun & Elseven Rechtsanwälte PartG 2. Since the future and not the present income situation of the applicant is to be taken as a basis, the fact that currently received benefits are drawn under the AsylbLG is not detrimental. A Germany EU Blue Card is a German residence permit title for third country nationals wishing to work in Germany. Among the benefits of such a residence title is that it does not require any prolongation and allows free movement within the eurozone. Settlement Permit: The Settlement Permit is a residence title unlimited in time, which in addition grants the right to work in Germany. This website uses cookies. However, the years 2003 and 2004 do not count. I. Highly-qualified persons, § 19 German Residence Act, II. It enables the holder to settle permanently in Germany and to build a solid future here. Fax: 0221 932959669, Privacy Policy No Contrary Grounds of Public Safety or Order, 7. 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. as a result of late notification of the extension of the residence permit) can be disregarded for up to one year in accordance with § 85 German Residence Act. Together with the long-term residence permit – EU, it is the legally strongest form of the seven types of residence permits. In doing so, it takes various aspects into account: This condition applies only to employees. You receive a settlement permit if you have successfully completed vocational training or a degree in Germany, have held a residence permit for two years for employment as a skilled worker (with vocational training or an academic education) or as a researcher, hold a job, have paid compulsory pension insurance contributions for 24 months and have sufficient knowledge of the German language. By continuing to browse the website, you agree to our use of cookies. Exception: Period of residence during which the foreigner held a residence permit in accordance with § 4 Para. A permanent settlement permit cannot be issued to persons who hold a residence permit issued on humanitarian grounds pursuant to § 24, § 25 subs. This permit is mostly given to people after they have held the temporary residence permit for a few years or for those with the EU Blue Card. Former Germans, § 38 (1) no. Securing the livelihood of the dependent family members is therefore a component of their own livelihood security. 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) the time of the asylum procedure preceding the granting of the residence permit is also credited if it began before 1 January 2005, time of previous possession of a residence permit or settlement permit if the foreigner was in possession of a settlement permit at the time of his or her departure, less the time of any intermediate stays outside Germany which led to the settlement permit expiring; crediting: maximum four years, any stay outside Germany that did not result in the expiry of the residence permit, crediting: maximum six months, time of legal residence for the purpose of, Residence rights that existed without the foreigner having a residence permit or by being exempt from the obligation to hold a residence title, by falling under the corresponding elements of ARB 1/80 or under. We will be engaging this firm again in the future. Our firm are widely experienced and knowledgeable when it comes to issues around German immigration law. Payment of Pension Insurance Contributions, 4. 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. It is not the same as becoming a German citizen or having Aufenthalrserlaubnis or a Temporary Residence Permit. 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 team is more resposive and professional. Newsflash! In any case, the housing is sufficient if: Example: A family consists of a mother, father and three children who are one, three and seven years old respectively: Mother, father and seven-year-old child: 3 x 12, three-year-old child: 1 x 10, one-year-old child: not taken into account = required living space of 46 square metres. The duration of residence permits is fully taken into account. If you were living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after 30 June 2021. It enables the applicant to settle permanently in Germany and to build up a stable future here. You can provide proof of adequate living space. 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. Tel: +49 211 882 84196 You have basic knowledge of the legal and social order in Germany. An employment permit for employees is not required in the following cases, § 4, para. If this prerequisite is fulfilled, the requirements specified in § 26 (4) German Residence Act apply (see: § 26 (4), § 26 (4) sentence 4). This also applies to the spouse of a foreigner who holds a residence permit in accordance with § 25 (1) or (2) sentence 1 or in accordance with § 23 (4) German Residence Act, provided that the other requirements of § 26 (3) German Residence Act are met. You are able to cover your costs of living without using public funds. After receiving your request, we will make a short preliminary assessment on the basis of the information provided and give you a cost estimation. 4b s. 1 Aufenthaltsgesetz (AufenthG) [German Residence Act]. Schlun & Elseven Attorneys-at-Law remains fully available for its Private & Business Clients even in these difficult times. Sufficient Knowledge of the German Language, 8. successfully completed a course of study at a German-speaking university or university of applied sciences or has completed a German vocational training course. If you have held of a residence permit for self-employed work in accordance with Sect. 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. 3 AufenthV; crediting: 100%. The permit is granted by your local Foreigners Authority. Together with the long-term residence permit – EU, it is the legally strongest form of the seven types of residence permits. research assistants in prominent positions, who independently and responsibly manage or are expected to manage departments, scientific project or working groups, Integration into the living conditions of Germany, Securing livelihoods without state aid (see: General requirements), Consent which the Federal Employment Agency has to grant under. 6 Para in great detail great experience dealing with Schlun & Elseven Attorneys-at-Law remains fully for. Waiting for my appointment with the immigration Department can also convince itself of the integration 3... Remains fully available for its Private & Business Clients, § 26 ( 4 German! Can provide proof that you and your loved ones all the best in these difficult times facilitated conditions in,. Possibility remains to apply for a settlement permit applicant to settle permanently in Germany on a residence permit, is! 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