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Settlement Permit (Administrative Procedure)
Immigration lawyer explains all information about the administrative procedure for obtaining a permanent residence permit.
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About this Page
Many foreigners wonder how to apply for a permanent settlement permit . The application process for a permanent settlement permit is generally not much different from applying for a temporary residence permit. Only the documents and forms are somewhat different. However, the application for a permanent settlement permit is generally submitted through the same communication channels as for a temporary residence permit (e.g., a residence permit). On this page, you will find all the step-by-step guides for applying for a permanent settlement permit.
1. Application requirement for a settlement permit
2. Form and purpose of the application
3. Residence permit plastic card
4. Additional provisions
5. FAQ
6. Conclusion
7. VISAGUARD Guides to Residence Permits
1. Application requirement for a settlement permit
Like any residence permit, a settlement permit or a permanent residence permit in the EU is only issued upon application. Therefore, according to Section 81 (1) of the Residence Act, a residence permit is only issued to a foreigner upon application , unless otherwise specified. A settlement permit is therefore not legally granted after the required period of residence has been reached. Nevertheless, caseworkers sometimes provide appropriate advice if they notice that the necessary requirements for the settlement permit have been met.
2. Form and purpose of application for a settlement permit
In principle, a settlement permit can be applied for in any conceivable way (see the Guide to Applying for a Settlement Permit (Administrative Procedure) ). In particular, from a purely legal perspective, no separate form is required (although in practice, some immigration authorities still require such a form). In theory, the terms "settlement permit" or "unlimited residence" do not even need to be used. It is sufficient if an application email or letter indicates that permanent residence is desired. Such a statement is then to be interpreted, objectively speaking, as an application for a settlement permit.
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3. Residence permit plastic card
Like other residence permits, the settlement permit is issued as an electronic residence permit (eAT) ("plastic card"). After the authority has reviewed the documents and requirements, it orders the corresponding plastic card from the Federal Printing Office. After the plastic card has been produced, the settlement permit is sent to the relevant immigration authority, where it can then be picked up by the applicant.
4. Additional provisions
The settlement permit is issued as a permanent residence permit, which, according to Section 9 Paragraph 1 of the Residence Act, is generally valid without restrictions . It can only be subject to additional conditions if this is expressly permitted by the Residence Act (Section 9 Paragraph 2 Sentence 2 in conjunction with Section 12 of the Residence Act). This means that a restriction to a specific employer or a specific activity is legally inadmissible unless there is an explicit legal basis for it. The same applies to other additional conditions. Exceptions apply only in certain cases of political activity (see Section 47 of the Residence Act).
5. FAQ – Applying for a settlement permit
Do I have to apply for a permanent residence permit?
Yes. A settlement permit is not granted automatically. According to Section 81, Paragraph 1 of the Residence Act, a residence permit is only granted upon application. Even if the requirements are met, the application must be actively submitted.
Is there a special form for the application?
Legally, no special form is required. It is sufficient if your letter clearly states that you wish to remain permanently. However, many immigration authorities provide their own forms.
What does the settlement permit look like?
The settlement permit is issued as an electronic residence permit (eAT) in the form of a plastic card. After your documents have been reviewed, the card is produced by the Federal Printing Office and then issued by the responsible immigration authority.
6. Conclusion Administrative procedure for settlement permit
The settlement permit is a permanent residence permit issued upon application. It can generally be used without restrictions, although additional conditions are only permitted in clearly defined, legally regulated exceptional cases. In practice, it is recommended to submit the application in writing to the responsible immigration authority and ensure that the application is clear and unambiguous. It is issued in a modern form as an electronic plastic card , which offers the advantages of a standardized, secure residence permit.