Permanent residence permit – EU: Comparison with settlement permit

For many people with foreign nationality living and working in Germany, long-term residency prospects are of great importance. Two central residence permits are in focus: the settlement permit and the EU permanent residence permit . Both permits provide for unlimited residency – but what are the differences and what advantages does the EU-wide permanent residence permit offer? This article explains the legal basis and differences in a practical and understandable way.

What is the EU Permanent Residence Permit?

The EU Permanent Residence Permit is a permanent residence permit issued under Section 9a of the Residence Act (AufenthG) . It not only reflects the holder's successful integration but also entails extensive rights:

• Permanent residence : Like the settlement permit, this title is valid permanently and cannot, in principle, be restricted.

• Free access to the labor market : The holder may pursue any form of employment.

• Family reunification and mobility : Under certain conditions, relatives may join the holder or move with them to another EU country if the family already existed previously.

• Equal treatment of German nationals : The residence permit provides a right to largely equal treatment with German nationals, even if this may be limited in individual cases.

• Special protection against deportation : Compared to the settlement permit, the permanent residence permit offers extended protection against deportation – similar to that of EU citizens.

• EU-wide onward migration : One of the most important benefits of the EU permanent residence permit is the right to mobility within the EU . Under certain conditions, the holder can move to another Member State and apply for a new residence permit there.

Relationship to the settlement permit

Both residence permits are legally equivalent (see Section 9a, Paragraph 1, Sentence 3 of the Residence Act : “ Unless this law provides otherwise, the EU long-term residence permit is equivalent to the settlement permit. ”). This equal treatment has practical implications: In all laws that link rights or obligations to the settlement permit, the holder of the EU long-term residence permit is also taken into account. However, this equal treatment has a purely beneficial effect on the EU long-term residence permit. Specific European rights , such as the right to onward migration, arise exclusively from the long-term residence permit. In particular, it cannot be deduced from this equal treatment that the rights granted by the EU long-term residence permit also apply to the settlement permit.

Conclusion: When is which residence permit worthwhile?

For third-country nationals living permanently in Germany, the EU Permanent Residence Permit can be a sensible alternative , especially if a future change of residence to another EU country is conceivable or if special protection against deportation is desired. Both residence permits are permanent and far-reaching , but differ in the details. In general, however, it can be stated that the EU Permanent Residence Permit is even better than the settlement permit.