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Residence permit for spouses
Everything you need to know about the spousal privilege for spouses of skilled workers when applying for a permanent residence permit.
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1. Residence permit for spouses
2. Spouse privilege settlement permit
3. Requirements for spouse privilege and residence permit
3.1. Spouse of a skilled worker with a permanent residence permit
3.2. Three years of residence in Germany
3.3. Employment of at least 20 hours per week
3.4. Proof of B1 language skills
3.5. Adequate integration and secure livelihood
4. Application procedure for spouse privilege settlement permit
5. FAQ Spousal Privilege
6. Conclusion
1. Residence permit for spouses
As of March 1, 2024, the legislature introduced a special regulation for the acquisition of a settlement permit that applies specifically to spouses of skilled workers . This regulation is enshrined in Section 9 Paragraph 3a of the Residence Act (AufenthG) and applies to skilled workers who hold a settlement permit under Section 18c of the Residence Act or who receive one at the same time as their spouse.
The new regulation allows spouses to obtain a settlement permit after just three years , provided all requirements are met. This significantly simplifies the process of obtaining permanent residence for family members of skilled workers.
2. Spouse privilege settlement permit
The spouse's privilege pursuant to Section 9 Paragraph 3 Sentence 1 of the Residence Act (AufenthG) grants spouses of persons with a settlement permit certain relief in securing their own residence. This privilege applies in particular to the requirements for retirement provision and employment, but not to the general obligation to secure a livelihood pursuant to Section 9 Paragraph 2 No. 2 of the Residence Act.
However, according to the general provisions of Section 2 Paragraph 3 Sentence 1 of the Residence Act, it is sufficient if the livelihood of both spouses is covered by the income or assets of one spouse. This privilege also applies if one spouse is the primary earner and the other contributes their income to securing the joint livelihood. This provision also applies to same-sex civil partnerships.
3. Requirements for spousal privilege
The settlement permit for the spouse of a skilled worker with permanent residency in Germany is subject to several legal requirements regulated by the Residence Act ( AufenthG ). The most important requirements are explained in detail below.
3.1. Spouse of a skilled worker with a permanent residence permit
The first basic requirement is that the applicant is the spouse of a skilled worker who holds a permanent residence permit. The spouse must:
have a qualification recognized in Germany (exception: EU Blue Card for IT specialists),
have obtained a residence permit as a skilled worker on this basis (e.g. through the EU Blue Card),
and have successfully converted this residence permit into a settlement permit.
Only after (or at the same time as) the skilled worker has been granted a settlement permit can the spouse also apply for a settlement permit. It is also important that the marital partnership still exists at the time of the application. This means that both partners must continue to live in an active marital partnership (Section 9 (3a) Sentence 1 No. 1 of the Residence Act).
3.2. Three years of residence in Germany
A further requirement is that the spouse has already been living in Germany with a visa or residence permit for at least three years. This three-year residency period must be met at the time of application.
3.3. Employment of at least 20 hours per week
In order to be granted a settlement permit to spouses of skilled workers, the spouse must also be gainfully employed . The law stipulates a minimum weekly working time of 20 hours. This requirement can be easily met if the applicant holds a residence permit granted under the terms of the spouse's reunification program, as this generally allows for employment.
3.4. Proof of B1 language skills
Like other applicants, spouses of skilled workers with a permanent residence permit must have German language skills at level B1 . This is usually demonstrated by an official language certificate issued by recognized testing centers such as the Goethe-Institut or telc.
3.5. Adequate integration and secure livelihood
In addition, the law requires proof of proper integration. This includes:
Not having committed any crimes ,
Usually, participation in an integration course and the acquisition of an integration course certificate or, if applicable, the successful completion of the naturalization test.
Finally, the livelihood of the spouse and the entire household must be secured. This means that no state social benefits such as citizen's allowance (formerly Hartz IV) are claimed.
4. Application procedure for spousal privilege
If you meet the requirements for a settlement permit for spouses of skilled workers with a settlement permit, you must submit all required documents to the relevant immigration authority . Below you will find an overview of the required documents and the application process.
As a rule, you will need at least the following documents :
Completed application form (if online application is not possible)
Your valid passport
Marriage certificate as proof of marriage
Passport of the skilled worker (spouse)
Copy of the skilled worker’s residence permit
Employment contract of the specialist (including current salary statements and employer confirmation)
Your own employment contract (if applicable)
Proof of health insurance (public or private)
Confirmation of residential address
Rental agreement as proof of living situation
Depending on your federal state and immigration office, additional documents may be required. Please check the website of your local immigration office beforehand.
5. FAQ
What is the difference between spousal privilege and spousal privilege for skilled workers?
The standard spouse's privilege is regulated in Section 9 (3) of the Residence Act and generally also requires the spouse to reside in Germany for five years (Section 9 (3) of the Residence Act). The spouse's privilege for skilled workers reduces this period to three years (Section 9 (3a) of the Residence Act).
Is there also a spousal privilege for spouses of Germans?
Yes! The law also only stipulates a required residence period of three years for spouses of German citizens (Section 28 (2) of the Residence Act).
Why does the law require the spouse to be employed in order to obtain a permanent residence permit?
According to the legislative explanatory memorandum, the regulation is intended to provide an incentive for spouses of skilled workers to also pursue gainful employment in Germany. This is intended, among other things, to promote integration.
Are assisting activities as a spouse sufficient to make use of the spousal privilege?
Yes, even assistant activities are sufficient to benefit from the spouse privilege for skilled workers.
Are self-employed activities also sufficient for the spouse’s privilege?
Yes, self-employment is also sufficient for the spouse of a skilled worker with a settlement permit to apply for a settlement permit themselves.
6. Conclusion
Spouses of skilled workers with a settlement permit can apply for their own settlement permit after just three years of residence (Section 9 (3a) of the Residence Act). This so-called spouse's privilege applies if the marriage is still valid, the spouse's livelihood is (jointly) secured, the spouse is employed for at least 20 hours per week, and proof of B1 language skills is provided. The necessary integration must be documented, and a separate application must be submitted to the immigration authorities. Even assistant or self-employed activities are sufficient.
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List of Sources (Paywall)
[1] Jarras/Pieroth, Basic Law, Commentary on Article 6 GG
[2] Bettina Gausing/Christiaan Wittebol:, The effectiveness of marriages concluded abroad among minors, DÖV 2/2018