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Requirements for a Settlement Permit
Immigration lawyer: All information on the requirements for applying for permanent residency.
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About this Page
A settlement permit is only granted if certain requirements are met . These requirements are regulated in Section 9 of the Residence Act (AufenthG) and, in the case of a permanent EU residence permit, in Section 9a of the Residence Act (AufenthG). The general requirements of Sections 9 et seq. of the Residence Act are sometimes modified by special provisions (e.g., Section 29 of the Residence Act). In addition to these requirements, the requirements of Section 5 of the Residence Act ( general requirements for all residence permits) must always be met. This page provides all the necessary information on the various requirements for granting a settlement permit.
Table of Contents
1. What are the requirements for a settlement permit?
2. Time requirements for settlement permit
3. Proof of requirements for a settlement permit
4. Requirement cannot be met
5. FAQ
6. Conclusion
7. VISAGUARD guides on residency requirements
1. What are the requirements for a settlement permit?
According to Section 9 of the Residence Act , the requirements for applying for a settlement permit are generally as follows:
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Achieving the necessary stay time
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sustainable security of livelihood (including work permit)
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B1 language skills (exceptions possible)
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Payment of 60 months of pension insurance contributions (exceptions possible)
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Completion of an integration course or other proof of basic knowledge of the legal and social order and living conditions in the Federal Republic of Germany
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no threat to public safety or order
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general requirements for issuing a residence permit according to Section 5 of the Residence Act (in particular a valid passport)
The above requirements apply only to the standard case of a settlement permit pursuant to Section 9 of the Residence Act. There are exceptions to many of the requirements (e.g., for skilled workers and the self-employed ).
2. Time requirements for settlement permit
The requirements for granting a settlement permit must generally be met at the time the official decision is made (i.e. exactly when the clerk is reviewing your application ). On the one hand, this means that you can submit the application and then submit documents later (e.g. submitting your language certificate a few weeks after submitting your application). At the same time, however, it also means that some requirements may no longer apply during the review process (e.g. becoming unemployed while applying for a settlement permit). In the best case scenario, you apply for a settlement permit and then already meet the requirements when you apply. However, if documents are missing or incomplete, the clerk must hear you and give you the opportunity to submit them later before rejecting your application ( Section 28 of the Administrative Procedure Act ).
3. Proof of requirements for a settlement permit
The fulfillment of the requirements for a settlement permit is generally demonstrated by the relevant documents. For example , to prove that your livelihood is secure , you must submit a relevant employment contract, salary documents, and an employer's certificate. The documents must be credible and conclusive. While caseworkers do not always insist on submitting all documents in their original form, you should be prepared for the possibility of being asked for additional documents if, for example, you submit poor copies.
4. Requirement not fulfilled settlement permit
If you cannot meet one or more of the requirements for a settlement permit, you will need to seek alternative options . It is often advisable to seek legal advice to find solutions for non-fulfillment of the settlement permit requirements. This is especially true if you do not have certain documents available. In this respect, an experienced lawyer can explore other ways to replace any missing documents with other evidence. This can often result in the settlement permit being granted after all.
5. FAQ Residence Permit Requirements
What is a settlement permit?
The settlement permit is a permanent residence permit in Germany that allows foreigners to live and work permanently in Germany.
When must the requirements be met?
The requirements must generally be met at the time of the official decision. However, it is generally possible to submit missing documents later (Section 28 of the Administrative Procedure Act).
How is compliance with the requirements proven?
By submitting relevant documents, such as an employment contract, salary slips, language certificates, or integration course certificates. The documents must be credible and informative.
Are there any exceptions to the requirements?
Yes. For skilled workers, self-employed individuals, or those in particularly difficult cases, certain requirements may be waived or replaced by other evidence.
