EU permanent residence permit
All information from the lawyer on the permit for permanent residence - EU (“European settlement permit”).
Here you learn ...
Difference between European and German residence permit
what advantages the EU permanent residence permit has
Requirements for a permanent residence permit in the EU
required documents for the European settlement permit
Author
Attorney
Release Date
03.02.2025
Reading Time
8 minutes
Table of Content
1. What is the EU permanent residence permit?
2. Advantages of the EU permanent residence permit
3. Requirements for the EU permanent residence permit
4. Documents EU permanent residence permit
5. Conclusion EU permanent residence permit
1. What is the EU permanent residence permit?
The EU long-term residence permit pursuant to Section 9a of the Residence Act , or the "European settlement permit," is a permanent residence permit similar to a settlement permit. Contrary to a widespread misconception, the EU long-term residence permit is not valid throughout Europe . The name "EU long-term residence permit" simply stems from the fact that the legal basis is European law ( the Permanent Residence Directive (EU Directive 2003/109/EC) ). Therefore, the EU long-term residence permit can be applied for in any country of the European Union. However, it is only valid in the country in which it is granted (see, however, the recognition regulations for the EU long-term residence permit ( Section 38a of the Residence Act ).
The EU permanent residence permit should not be confused with the EU permanent residence permit ( Section 4a of the EU Free Movement Act ). Further information on the EU permanent residence permit and the permanent residence card for EU citizens can be found in our corresponding VISAGUARD article .
2. Advantages of the EU permanent residence permit
In direct comparison with the national settlement permit or permanent residence permit, the EU permanent residence permit offers numerous advantages . These benefits arise directly from European law. When comparing the German settlement permit and the European settlement permit, the following advantages of the European settlement permit emerge:
The European settlement permit only requires 5 years of residence in Germany, but not the payment of 60 months of pension insurance contributions
the European settlement permit expires only under very specific conditions (in particular, the foreigner is allowed to stay abroad for a long time )
simplified residence of family members of holders of a European settlement permit
The EU permanent residence permit can be easily recognized in other European countries , thus enabling Europe-wide mobility ( Section 38a of the Residence Act ).
In particular, the possibility of staying abroad for a very long time ( up to 12 months ) without the EU permanent residence permit expiring ( Section 51, Paragraph 9 of the Residence Act ) is very attractive to many people. Thus, the European settlement permit even allows one to live in another country . In contrast, the German settlement permit would expire in these cases.
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3. Requirements for the EU permanent residence permit
The EU permanent residence permit or European settlement permit can be applied for in accordance with Sections 9a, b, c of the Residence Act under the following conditions :
You have been living in Germany for 5 years (with a residence permit)
You are not only staying in Germany temporarily (especially not just for study purposes)
You have an employment contract (preferably permanent) and pay taxes in Germany
You have health insurance in Germany
You have a rental apartment or a house in Germany
You have B1 language skills
You have basic knowledge of the Federal Republic of Germany (integration course)
You have not applied for humanitarian protection in the European Union
In specific cases, further requirements may apply, although these are very case-specific.
You can apply for a permanent residence permit in the EU similar to a settlement permit if you meet the relevant requirements. The process generally goes through the responsible immigration authority . First, you should gather all the necessary documents and submit them to the authority. If you have any uncertainties, especially regarding whether all the requirements have been met, it may be advisable to consult an immigration lawyer.
4. Documents EU permanent residence permit
To apply for a permanent residence permit in the EU, you must submit numerous documents. The documents vary depending on the immigration office and the clerk. You can usually find the required documents on the website of the relevant immigration office (see, for example, " Applying for a permanent residence permit in the EU in Berlin ").
In principle, the following documents are required to apply for a permanent residence permit in the EU:
Application form
Registration certificate
valid passport
biometric passport photo
employment contract
Employer certificate
Salary slips for the last 6 months
Pension insurance history
rental agreement
Proof of payment of rental costs
Health insurance certificate
Language certificate
In individual cases, additional documents may be required. For example, if you are self-employed, you must submit your income tax assessment instead of your employment contract. One of our specialist lawyers will be happy to advise you on this.
Summary of this Page
The EU Permanent Residence Permit is an attractive option for third-country nationals living in Germany long-term who wish to gain additional flexibility within Europe. Compared to the German settlement permit, it offers particular advantages with regard to mobility within the EU and less stringent pension insurance requirements. However, it is required to have been living in Germany for at least five years and to provide evidence of economic and social integration. Those who meet the requirements can not only secure permanent residence in Germany with the European settlement permit, but also benefit from expanded opportunities in other European countries.
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Further Information
Permanent Residence Directive (Directive 2003/109/EC) at Wikipedia
Literature: NK-AuslR/Müller, 3rd edition 2023, Residence Act § 9a
