The Residence Permit

For many people, the desire to live in Germany permanently is an important step. A permanent residence permit, particularly in the form of a settlement permit, provides the legal certainty needed to plan one’s future in the long term. It not only allows for permanent residence but also the unrestricted right to work and is often a prerequisite for subsequent naturalization.

In this article, attorney Zafer Özkan explains exactly what a permanent residence permit entails, what requirements must be met to obtain a settlement permit, and why it is so important to have a lawyer specializing in immigration law—such as Zafer Özkan—guide you through the application process from the very beginning.

What does a permanent residence permit mean?

A permanent residence permit entitles the holder to reside in Germany indefinitely. Unlike a temporary residence permit, which is issued only for a specific period (e.g., one or two years), a permanent residence permit does not expire automatically. It therefore offers the holder a high degree of security and predictability, e.g., regarding their career, family, or general future plans in Germany.

A settlement permit is the most important type of permanent residence permit

The most important permanent residence permit is the settlement permit under Section 9 of the Residence Act (AufenthG). It entitles the holder to unrestricted employment and permanent residence in Germany. However, certain obligations remain, such as maintaining a valid passport and complying with general legal requirements. In exceptional cases, such as serious criminal offenses or permanent departure from the country, a permanent residence permit may also be revoked.

The settlement permit has an expiration date printed on it. However, this is only the expiration date of the document itself, not that of the settlement permit. The settlement permit itself is valid indefinitely; only the document must be renewed regularly, much like a passport.

Generally, two permanent residence permits are available

In Germany, there are essentially two types of permanent residence permits:

• Residence permit: This permit is valid only in Germany and requires, among other things, several years of lawful residence, a secure source of income, sufficient language skills, and the payment of pension insurance contributions.
• EU Long-Term Residence Permit: This permit is also valid indefinitely. It offers the additional advantage that the holder can move to other EU member states and live or work there under simplified conditions. The requirements are similar to those for the settlement permit, although in some cases additional financial guarantees must be provided.

Both residence permits are important milestones on the path to long-term integration in Germany—and are often a prerequisite for eventual naturalization.

What is a residence permit?

For those who wish to settle permanently in Germany and build a future here, the settlement permit is an important step toward greater legal certainty and freedom.

The settlement permit is a permanent residence permit for Germany. With a settlement permit, you are granted the right to live and work in Germany indefinitely. It is issued to foreign nationals who meet certain requirements and wish to settle permanently in Germany. The legal basis is Section 9 of the Residence Act (AufenthG).

The settlement permit is not tied to a specific purpose, such as studying or vocational training, and grants the holder broad legal equality with German citizens in everyday life.

Key Features of the Settlement Permit

The settlement permit is characterized by the following features:

• Permanent: The residence permit does not expire automatically. An extension is generally not required.
• Unrestricted employment: You may engage in any form of self-employment or employment without the need for further authorization.
• Legal certainty: Your residence permit generally remains valid even if you lose your job or your circumstances change.
• Requirements for naturalization: In many cases, a settlement permit is an important intermediate step on the path to German citizenship.

Difference from a residence permit

Many foreigners in Germany initially hold a temporary residence permit. This permit is issued for a specific purpose and a limited period of time, for example, for educational purposes, employment, or humanitarian reasons.

Only after a certain period of time and once certain requirements have been met (e.g., the ability to support oneself financially, successful integration) can the transition to a permanent residence permit take place.

What are the requirements for a permanent residence permit?

To obtain a settlement permit in Germany, applicants must meet a number of legal requirements. These requirements are intended to ensure that the applicant’s residence has already been established and that they have become fully integrated into Germany’s economic and social life. The requirements are set forth in Section 9(2), sentence 1 of the Residence Act (AufenthG).

The key requirements are as follows:

• At least five years of holding a residence permit: As a general rule, you must have been legally residing in Germany with a residence permit for at least five years (Section 9(2), Sentence 1, No. 1 of the Residence Act). A stay in Germany on a national visa is also fully counted toward this requirement. During this period, your actual center of life must have been predominantly in Germany. Short interruptions can generally be disregarded. In addition, at the time of application, you must be in possession of a valid national passport or passport substitute and a valid residence permit.
• Secured means of support: Your means of support and those of your dependents must be secured without recourse to public funds (e.g., social assistance) (Section 9(2), sentence 1, no. 2 of the Residence Act). Whether your livelihood is secured is determined by the provisions of the Basic Income Support Act (SGB II) and your theoretical needs. If the income for all dependent family members is as high as the amount required under the Basic Income Support Act, this requirement is met. Income includes all earnings from employment, self-employment, or pensions. Benefits such as child allowance or parental allowance are also taken into account.
• At least 60 months of mandatory contributions to the statutory pension insurance scheme: You must have paid mandatory contributions to the German statutory pension insurance scheme for 60 months (Section 9(2), sentence 1, no. 3 of the Residence Act). Alternatively, comparable expenses (e.g., for a civil servant pension or a private pension plan, as well as voluntary contributions to the pension insurance) may also be taken into account. Periods spent caring for children or providing home care for relatives are taken into account accordingly. If spouses live together in a domestic partnership, it is sufficient if one of the spouses has made the contributions.
• Sufficient knowledge of the German language and the German legal and social system: You must have sufficient knowledge of the German language. This generally corresponds to Level B1 of the Common European Framework of Reference for Languages (CEFR). Basic knowledge of the German legal and social system: In addition to language skills, you must also be able to demonstrate basic knowledge of the German legal and social system (Section 9(2), Sentence 1, No. 8 of the Residence Act). In practice, this is usually demonstrated by passing the “Life in Germany” test or by successfully completing an integration course. A school diploma obtained in Germany is also sufficient proof.
• No serious criminal offenses: You must not have a history of serious criminal offenses. Entries in the Federal Central Register, particularly those involving serious or repeated offenses, may preclude the issuance of a permit. The severity and nature of the offense may prevent the issuance of a settlement permit.
• Permitted to work: You must be authorized to engage in gainful employment (Section 9(2), Sentence 1, No. 5 of the Residence Act) and hold the appropriate professional licenses (Section 9(2), Sentence 1, No. 6 of the Residence Act) if these are required for the gainful employment. Such professional licenses are frequently required, particularly in the liberal professions (e.g., members of the medical professions such as doctors or pharmacists).
• Sufficient living space: You must have sufficient living space for yourself and your family (Section 9(2), sentence 1, no. 7 of the Residence Act). “Sufficient” means that approximately 12 m² of living space should be available per person over the age of 6 (10 m² for persons under the age of 6; children under the age of 2 are not counted). In addition, ancillary rooms such as a kitchen, bathroom, or toilet must be available or shared. The accommodation must not be shared housing. Depending on state regulations, other criteria for adequate living space may also apply.

Exceptions

Exceptions to these requirements apply to individuals with a physical, mental, or psychological illness or disability. Pursuant to Section 9(2), sentences 3 and 6 of the Residence Act (AufenthG), the requirements regarding language proficiency, knowledge of the legal and social order, secure means of support, and 60 months of mandatory contributions may be waived. The same applies to avoid hardship for those affected, although this must be assessed on a case-by-case basis. If there is no entitlement to an integration course or no obligation to participate in one, the language requirement is met by the ability to communicate in a basic manner.

Residence permit after 3 years

For certain residence permits or groups of individuals, there are also additional simplified requirements for the issuance of a settlement permit. For example, Section 18c of the Residence Act provides that foreign nationals holding a residence permit under Sections 18a, 18b, 18d, or § 18g of the Residence Act (skilled workers) may receive a settlement permit after, among other things, three years and only 36 months of mandatory contributions to the pension insurance scheme. Similar simplifications also apply to spouses pursuant to Section 9(3a) of the Residence Act.

Permanent residence permit for spouses

Another simplification applies to the granting of a settlement permit for spouses of German citizens under Section 28(2) of the Residence Act, which is also possible after just three years. For self-employed individuals, the prior residence requirement may be reduced to three years if the activity pursued is expected to be successful and the livelihood of the self-employed person and their family is secured (Section 21(4) of the Residence Act).

Recognized refugees also have the option of obtaining a permanent residence permit in the form of a settlement permit (Section 26(3) of the Residence Act). A settlement permit may be granted after 5 years (Section 26(3), Sentence 1 of the Residence Act) if, among other things, the applicant’s livelihood is largely secured and sufficient German language skills (Level A2) can be demonstrated. For recognized refugees, a settlement permit is possible after just three years (Section 26(3), sentence 3 of the Residence Act) if, among other things, German language proficiency (level C2) is demonstrated and their livelihood is largely secured.

What are the benefits of a permanent residence permit?

The settlement permit is more than just a residence permit. It is an important step toward legal certainty, professional freedom, and long-term prospects in Germany. Those who receive it enjoy numerous benefits in their daily lives and when planning for the future.

Benefits of a Settlement Permit

• Permanent Residence: The settlement permit is valid indefinitely. Unlike temporary residence permits, it does not need to be renewed on a regular basis. This gives you and your family peace of mind when it comes to planning your future. You no longer need to worry about deportation or legal disputes with the immigration authorities.
  
  However, the document certifying the settlement permit—such as a passport or ID card—must be renewed on a regular basis. This is, however, merely a formality; the requirements for the settlement permit are not re-evaluated in the process.
• Unrestricted employment: The settlement permit entitles you to engage in any type of gainful employment, whether as an employee or as a self-employed individual. No additional work permit is required. You are no longer tied to a specific employer or industry. This also makes it easier to look for work or pursue a career change. If you wish to make significant investments, a settlement permit also improves your creditworthiness, for example, if you want to open a business and need a loan to do so, or if you want to buy a house.
• Security even if you lose your job: If you lose your job, your settlement permit remains valid. Unlike with some temporary residence permits, losing your job does not automatically lead to deportation or the loss of your residence permit.
• Simplified Family Reunification: Holders of a settlement permit are well-positioned to bring their spouses or children to Germany under the family reunification program. In many cases, simplified requirements apply, such as those regarding proof of housing or the language skills of the family member joining them.
• Requirements for naturalization: In most cases, anyone wishing to apply for German citizenship must first obtain a settlement permit. This is an important milestone on the path to naturalization and full legal equality with German citizens.
• Easier Travel: With a residence permit, you can travel to many Schengen countries without needing an additional visa and stay there for up to 90 days within a 180-day period, for example for vacation or business trips.
• Legal protection against deportation: A settlement permit offers significantly greater protection against deportation than temporary residence permits. It indicates that the individual’s stay in Germany is intentional and intended to be long-term.

Where can I apply for a permanent residence permit?

You must apply for a settlement permit at the immigration office in the area where you have your primary residence. The process may vary slightly depending on the city or county. Larger cities often have special online portals or central service centers.

After submitting your application, you will usually receive a confirmation of receipt. In some cities, you will receive a PDF document as confirmation of your application, certifying that your current residence permit remains valid in Germany beyond its original expiration date.

Applications for a Residence Permit

• Hamburg
• Munich
• Berlin
• Frankfurt
• Cologne
• Bremen
• Düsseldorf
• Mainz
• Leipzig
• Stuttgart
• Nuremberg
• Bochum

Required documents

The exact requirements may vary slightly depending on the state or your immigration status. However, you will generally need the following documents:

• Completed application form
• Valid passport
• Biometric passport photo
• Proof of sufficient financial means (e.g., pay stubs, employment contract)
• Proof of at least 60 months of contributions to the statutory pension insurance scheme
• German Language Certificate B1
• Proof of basic knowledge of the German legal and social system (e.g., through the “Life in Germany” test)
• Proof of adequate housing (e.g., lease agreement)

Please note that additional documents may be required, especially if you qualify for one of the exemptions.

Why is it a good idea to seek legal advice?

Applying for a permanent residence permit may seem simple at first glance, but in reality it can be very complex. Even minor errors in compiling the many required documents or a misjudgment of the eligibility requirements can result in the application being denied or delayed. That is why it is particularly important to seek assistance from a lawyer specializing in immigration law right from the start.

An attorney specializing in immigration law is familiar with the current legal requirements and knows which supporting documents are crucial in each individual case. They carefully assess whether and when the requirements are met and can identify and resolve potential issues early on. This significantly increases the chances of success and helps avoid unnecessary delays or rejections.

Legal assistance is particularly advisable in cases where a residence permit is denied

If the application for a settlement permit is nevertheless denied, it is all the more important to immediately consult an experienced immigration attorney. In such cases, deadlines must be met, and legal options such as filing an appeal or a lawsuit must be explored. Without expert assistance, it is difficult to successfully challenge the denial and secure residency.

If you want to play it safe, contact attorney Zafer Özkan, who has specialized in immigration law for years. He will provide you with comprehensive advice, assess your chances of success on a case-by-case basis, and reliably guide you through the entire process—from filing your application to representing you in appeals or litigation.

Your next step: Do you want to know if you’re already eligible for a settlement permit? Was your application for a settlement permit denied, and do you want to appeal the decision?

Schedule an appointment with attorney Zafer Özkan today and get personalized advice!

Conclusion

• A settlement permit offers permanent residency and legal certainty: With a settlement permit, foreign nationals may live and work in Germany permanently. It provides planning security and protects against deportation in the event of job loss.
• Requirements for obtaining a settlement permit: Among other things, the following are required: a residence permit valid for at least five years, a secure means of support, 60 months of pension contributions, sufficient knowledge of German (B1 level), and knowledge of the German legal and social system. There are exemptions for certain groups of people, meaning that the settlement permit can be granted after as little as 3 years, for example.
• Special exceptions and shortened waiting periods: Skilled workers, spouses of German citizens, self-employed individuals, and recognized refugees may apply for a settlement permit under simplified conditions (e.g., after three years).
• Benefits of the settlement permit: Permanent residence, unrestricted right to work, simplified family reunification, eligibility for naturalization, easier travel within the Schengen Area, and increased protection against deportation.
• Applications must be submitted to the relevant immigration office: The application must be filed at your primary residence. Some cities offer online services. Important documents include a valid passport, the application form, proof of income, proof of pension insurance, and language certificates.
• Support from an attorney specializing in immigration law is crucial: An attorney specializing in immigration law, such as Zafer Özkan, will guide you through the entire process, help you avoid preventable mistakes during the application process, significantly increase your chances of success, and, in the event of a denial, file an appeal or lawsuit in a timely manner.