Permanent residence permit – EU: What does the criterion of "legal residence" mean?

Third-country nationals wishing to live in Germany long-term can, under certain conditions, apply for a permanent residence permit – EU . This permit not only allows for indefinite residence in Germany but also grants certain mobility rights within the European Union (see Section 38a of the Residence Act ). A key requirement is legal residence – a term that often raises questions. This article will tell you everything you need to know about this requirement.

Five years of legal residence for Section 9a

To obtain a permanent residence permit – EU, the applicant must have lived in Germany continuously with a residence permit for five years . This five-year rule is the central criterion and stems directly from the EU's Permanent Residence Directive (Directive 2003/109/EC) . It is important to note that the legality of the stay must be maintained throughout – interruptions are generally not tolerated. Even short-term gaps, such as if a residence permit expires and is not renewed in time, can result in the period starting over again. However, this is not mandatory.

What counts as “legal residence”?

A stay is legal if it is based on a valid residence permit . This includes, for example, residence permits, EU Blue Cards , or settlement permits. However, there are also cases in which a stay without a residence permit is legal – for example, for certain groups of Turkish citizens with a right of residence under association law.

What happens in the event of interruptions?

The basic rule is: Any interruption of legal residence restarts the five-year period. There are only a few exceptions expressly permitted by European law. For example, a short stay abroad of up to six months per year may be harmless; however, longer or unjustified absences interrupt legal residence . The German regulation in Section 9b of the Residence Act definitively determines which periods may be credited. General provisions such as Section 85 of the Residence Act, which apply a more generous standard in other cases, do not apply to permanent residence permits .

Which periods can be credited?

In certain cases, periods not directly related to a residence permit may also be taken into account. This includes, for example, the period during which someone was legally in the country with a national visa . However, such situations are complex; a legal review of each individual case is strongly recommended.

Conclusion

The requirements for a permanent residence permit in the EU are clear, but often complex in practice. In particular, the question of whether a stay was lawful and uninterrupted should be carefully examined. Even small formal gaps can have major consequences. Those affected are advised to seek legal advice early on in order to submit a well-founded and timely application.