Permission for permanent residence in the EU despite criminal offenses? What you need to know

The so-called EU long-term residence permit pursuant to Section 9a of the Residence Act is an important residence permit for third-country nationals who wish to live long-term in Germany and the European Union. But what happens if an applicant has committed criminal offenses in the past? Does every conviction automatically lead to exclusion? The answer is complex—and often more complex than it seems at first glance.

What is the EU Permanent Residence Permit?

The EU Permanent Residence Permit (Section 9a of the Residence Act) grants third-country nationals permanent residency in Germany with the option of establishing residency in other EU countries. Unlike the settlement permit, some of the requirements of European law are more stringent, particularly when security-related aspects are relevant.

Criminal offenses and the “public policy” reservation

A key criterion for denying this residence permit is the so-called threat to public security and order. This so-called public policy exception is enshrined in European law (Article 6 of the Permanent Residence Directive 2003/109/EC) and has been implemented into German law. However, not every criminal offense automatically leads to exclusion. Rather, a case-by-case assessment must be conducted.

No rigid limits – it depends on the individual case

Previous German regulations provided for certain rigid sentencing limits, such as six months' imprisonment or a fine of 180 daily rates. Such fixed limits no longer apply to the EU long-term residence permit. Instead, the decisive factor is whether and to what extent the person in question poses a threat to public order or security .

This means that even if a crime has been committed, there may still be a right to a residence permit under certain circumstances – for example, if:

• it is a one-off or minor offense,

• since then, a stable and crime-free lifestyle can be demonstrated,

• close family ties exist in Germany,

• the person concerned has already lived in Germany for many years.

What should not be taken into account?

When applying for a permanent residence permit in the EU despite a criminal record, it's particularly important to note that convictions that are due for expungement or have already been expunged may not be taken into account in the decision. This means that if an entry in the Federal Central Register is no longer accessible, it may not be used as a reason for rejection.

Proportionality is crucial

European law requires a proportionate assessment – purely blanket rejections are not permitted. Therefore, authorities are obligated to consider all relevant circumstances when making a negative decision. These include:

• Type and severity of the crime

• Duration of previous stay

• family, social and economic integration

• personal behavior and development since the crime

Conclusion: No automatic rejection for criminal offenses

EU permanent residence permits can be granted even if criminal offenses have been committed in the past, provided there is no longer a significant threat to public order or security. It is therefore advisable to seek professional legal advice to realistically assess the chances of success in your specific case. Especially in sensitive cases involving criminal records, a carefully prepared application process is crucial for success.