Requirements for a Settlement Permit

Immigration lawyer: All information on the requirements for applying for permanent residency.

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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.

The requirements for a permanent residence permit often seem manageable at first glance, but in practice, many applications fail due to avoidable problems. Applicants frequently don't know exactly which requirements they actually need to meet or what documentation is required. This leads to incomplete or unsuitable documents being submitted, which can result in inquiries or even the rejection of the application. Furthermore, the process remains a black box for many of those affected, and the procedure is hardly comprehensible.

Another major risk is the lengthy processing times . Procedures can be stalled for months or even years without any discernible progress, while case workers often fail to respond to inquiries or do so only with significant delays. Furthermore, the longer the process drags on, the greater the risk that personal circumstances will deteriorate – for example, due to job loss or other changes in life circumstances – which can jeopardize the success of the business venture.

2. Legal advice: Problems and risks regarding the requirements

These are the most important practical cases for lawyers when determining the requirements for a residence permit:

Proof of sufficient means of subsistence cannot be provided (e.g., no job available)
Language certificate considered “too old” by the authorities
No appointment available for integration test or naturalization test
No contribution to pension insurance has been made (e.g., for self-employed individuals)
Circumstances change after the application has already been submitted (e.g., job loss)
It is unclear how long a stay is required to apply for residency.
Interruption of residence due to a stay abroad
Ongoing investigations prevent application
No passport available or expired passport
Clients don't know how to request their pension insurance record.

3. When should I hire a lawyer for my residence permit?

Seeking legal counsel can be beneficial even before submitting an application. This is especially true if it's unclear whether all requirements for a residence permit are met or if there are uncertainties regarding the necessary documents. Those who wish to expedite the process and ensure legal certainty can also benefit from early legal representation.

It is also advisable to consult a lawyer if your residency application has already been rejected or the process has stalled . If the authorities do not respond for an extended period or if it is unclear how the process will proceed, legal assistance can help clarify the situation, assert your rights, and get the proceedings moving again.

4. Our services in the area of residence permit requirements

The VISAGUARD services for the requirements of a residence permit are as follows:

Advice on whether the requirements for a permanent residence permit are met.
Lawyer's letter to expedite the establishment process
Legal representation before authorities and courts if the residence permit has been refused.
Accompaniment to the appointment for the residence permit, if necessary.
Review of documents for formal errors before application
Explanation of the process, the dangers and the expected duration
strategic consideration of whether there are alternatives for permanent residence

5. Your VISAGUARD benefits regarding residency requirements

With VISAGUARD, you receive specialized legal support throughout the entire permanent residence permit process – from assessing your chances of success to communicating with the immigration authorities. Our lawyers, who specialize exclusively in immigration law, are familiar with the typical issues and will develop the right strategy for your case. Thanks to digital consultations, nationwide representation, transparent fixed prices, and personal support, you always have a competent contact person at your side. This makes your permanent residence permit process more predictable, legally secure, and significantly less stressful.

6. FAQ on residence permit requirements

What is a residence 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, submitting missing documents subsequently is usually possible (§ 28 VwVfG).

How is the fulfillment of the requirements proven?

By submitting appropriate documents, e.g., employment contract, pay slips, language certificates, or integration course certificates. The documents must be credible and informative.

Are there any exceptions to these requirements?

Yes. For skilled workers, self-employed individuals, or in cases of particular hardship, individual requirements may be waived or replaced by other evidence.

Blog posts about the residence permit (requirements)

Judgments on the requirements for a residence permit

The criterion of proof of basic knowledge of the legal and social order and living conditions in the federal territory does not have to be proven by an integration course or the test “Living in Germany” (BVerwG, judgment of 28.04.2015 - 1 C 21.14).
According to Section 44a Paragraph 2 No. 3 Alternative 2 of the German Residence Act (AufenthG), foreigners are exempt from the obligation to participate if their participation is permanently impossible or unreasonable. According to case law, the criterion of "unreasonableness" within the meaning of Section 44a Paragraph 2 No. 3 of the German Residence Act includes a proportionality test, i.e., in particular the question of whether an obligation to participate is appropriate (see Higher Administrative Court of Mannheim, judgment of June 12, 2013, case no. 11 S 208/13).
By performing qualified work as a skilled worker, it can also be assumed that, in the case of English-speaking foreigners, part of their economic, social, societal and cultural integration will occur through contacts and experiences at work, and that the foreigner will thus acquire diverse knowledge of the legal and social system (Higher Administrative Court of Hamburg, decision of 26.04.2023, file no. 6 Bf 243/22.Z).
For the granting of the EU long-term residence permit, the same standards apply with regard to pension insurance contributions (adequate old-age provision) as for the settlement permit (VGH Mannheim, judgment of 02.02.2011 - 11 S 1198).