EU permanent residence permit: When does exclusion apply?

The EU long-term residence permit (Section 9a of the Residence Act) offers third-country nationals in Germany the opportunity to acquire long-term residency with extensive rights – comparable to a settlement permit. However, not every group of people can obtain this status. There are clear statutory grounds for exclusion that prevent it from being granted. This article explains the most important of these grounds in understandable language – based on the statutory requirements and EU law. Section 9a, Paragraph 3 of the Residence Act lists several groups of cases in which a EU long-term residence permit may not be granted. These exclusions are based on the requirements of the EU Long-term Residence Directive (Directive 2003/109/EC) , which Germany has implemented into national law.

No permission for permanent residence in the EU for persons entitled to protection, refugees and persons with subsidiary protection

For a long time, persons enjoying international protection – such as recognized refugees or beneficiaries of subsidiary protection – were excluded from this permit. However, this has changed since an EU amending directive (Directive 2011/51/EU). Anyone recognized as a refugee or beneficiary of subsidiary protection can now generally apply for a permanent residence permit in the EU. However, part of the protection period (usually half) is counted towards the required minimum stay, not the full period. However, applicants whose asylum procedures have not yet been completed, as well as persons with a residence permit under Section 24 of the Residence Act (temporary protection in humanitarian crises), are still excluded.

Diplomats and EU citizens

A further exclusion applies to persons living in Germany for diplomatic or consular purposes . Since these persons already enjoy a special status under international law, the Residence Act generally does not apply to them (see Section 1, Paragraph 2 of the Residence Act) – accordingly, they are also excluded from permanent residence in the EU. Therefore, no residence permit can be issued if the Residence Act is not applicable at all. The same applies to EU citizens .

Temporary stay: studies, training, seasonal work

A key reason for exclusion concerns people who are only temporarily staying in Germany. These include, in particular:

• Au pairs

• seasonal workers

• Contract workers

• language teacher

• international personnel exchange

The reason: Permanent residence in the EU should be open to permanently integrated third-country nationals – not to those who are only temporarily staying in the country. Even an extension of the residence permit alone does not change this if the purpose of the stay remains only temporary.

Family reunification with persons with temporary residence

Family members who have come to Germany as part of a family reunification process with a person who is themselves only staying here for a limited period of time are also not eligible for permanent EU residence ( Section 9a, Paragraph 3, No. 5, Letter c of the Residence Act ). An exception applies only if the family member acquires an independent right of residence – for example, in the event of separation or death of the primary beneficiary.

Conclusion

EU permanent residence permit is an attractive option for many third-country nationals. It offers greater security, more extensive rights, and better prospects in Germany and Europe. However, anyone who falls into one of the exclusion groups mentioned above should be aware that an application is generally excluded in these cases or only makes sense under certain conditions.