Living space for residence permits
All information about the required living situation for a residence permit.
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Here you learn ...
how big your apartment must be to obtain a residence permit
what condition your apartment must be in to obtain a residence permit
how long the rental agreement must be valid
How to prove your living space to the immigration authorities
Table of contents
1. Housing and livelihood security
2. Requirements for living space
3. Length of the rental agreement
4. Proof of living situation
5. FAQ
6. Conclusion on living space
1. Housing and livelihood security
Securing a livelihood is a key requirement for many residence permits in Germany – especially in the context of skilled immigration, family reunification, or university studies. An often underestimated but legally relevant component is proof of adequate housing . In this article, you'll learn everything you need to know about the requirements set by the immigration authorities for adequate housing.
Proof of housing is a means of ensuring that a stay in Germany does not become a burden on public budgets. Without secure housing, a person's livelihood is considered insufficiently secure, which can lead to the rejection of a residence permit . According to Section 2 Paragraph 3 of the Residence Act, securing a livelihood includes not only income but also the costs of adequate housing. Therefore, for the issuance and renewal of a residence permit, proof must regularly be provided that the foreign national has suitable housing . This is required not only for the person concerned, but also for any family members who join them.
2. Requirements for living space
The requirements for living conditions are determined not only by the size and condition of the accommodation, but also by regional criteria of appropriateness . Among other things, accessibility (i.e., connection to the electricity grid) and adequate sanitary facilities (e.g., a private bathroom, cooking facilities) are crucial. Without meeting the minimum building standards, the apartment is generally not suitable for securing a living. Such rental agreements are usually not accepted by the immigration authorities.
Certain requirements also apply to the size of the apartment . The law generally requires that a foreigner has "adequate" living space available. According to case law, this is the case if 12 m² is available for each family member over the age of 6 and 10 m² for each family member under the age of 6. According to case law, a 10% reduction in these values is not detrimental (Higher Administrative Court of Berlin-Brandenburg, March 25, 2010, OVG 3 B 9.08).
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3. Length of the rental agreement
Many foreign nationals wonder how long a rental agreement must be valid to prove adequate housing. From a residency assessment perspective, it's generally best to present a long-term or indefinite rental agreement. Such an agreement signals that the foreign professional will have permanent access to adequate housing—a criterion that is viewed positively when it comes to securing a livelihood.
A fixed-term rental agreement can also serve as proof, provided it is clear that a subsequent lease is possible or already planned. The immigration authorities will examine whether the living space can be secured even after the expiration of the tenancy. Therefore, it is not just the contract term that is important, but also the overall planning of the housing situation . Even a short-term stay in a temporary accommodation, a hotel, or an Airbnb can be sufficient if sufficient financial means can be demonstrated to secure suitable housing on a long-term basis. The reliability of the accommodation and the financial capacity of the applicant are paramount.
4. Proof of living situation
Proof of adequate living conditions must generally be provided by submitting the rental agreement . The rental agreement should contain all relevant information described, in particular the amount of rent and the size of the apartment. In the case of subleases , permission to sublet may also be required (VG Berlin, May 19, 2014, 5 K 187.13 V). Otherwise, it can be assumed that the housing situation is not "sustainably" secured. In the case of home ownership, it is usually not the rental agreement that is required, but rather the monthly loan repayments, including the housing benefit payable to the property management company.
In addition to submitting the rental agreement, many immigration authorities also require proof that the rent has actually been paid . In this case, you may need to submit bank statements or screenshots of your banking app. In rare cases, the immigration authorities may also require the submission of the utility bill. If in doubt, you can obtain this from your property management company or landlord.
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Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. FAQ
How big does the apartment have to be to get a residence permit?
The guideline for adults is 12 m² per person, and 10 m² for children under 6 years of age. According to case law, a reduction of up to 10% is considered harmless (Higher Administrative Court of Berlin-Brandenburg, March 25, 2010 – OVG 3 B 9.08).
What must the rental agreement contain for the immigration authorities?
The rental agreement should include information about the living space, rent amount, rental period, and, if applicable, subletting permission. Many immigration authorities also require proof of payment (e.g., bank statements or screenshots).
6. Conclusion
Proof of adequate housing is a key component of securing a livelihood and thus an essential prerequisite for the granting and renewal of numerous residence permits in Germany. The structural standards, apartment size, and contractual terms are all crucial. A long-term or indefinite rental agreement is ideal, but temporary or alternative housing arrangements may also suffice, provided that the long-term security of the housing situation is plausibly demonstrated. Immigration authorities are increasingly examining in detail whether the living space is actually being used and paid for – the documentation should be prepared accordingly carefully. Early, complete, and correct documentation avoids delays and rejections in the residence application process.
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Further information
List of sources
[1] Decker/Bader/Kothe, BeckOK Migration and Integration Law, 20th Edition as of 01.01.2025, Section 2 Residence Act
[2] Regarding the required size of the apartment in the right of residence, see OVG Berlin-Brandenburg, judgment of 31.07.2015 - 7 B 39.14
[3] Regarding the conditions of convenience in renting, see OVG Berlin-Brandenburg, judgment of 25.03.2010 – 3 B 9.08
