This is applicable to the following categories of people: If you are an EU Blue Card holder, you can request to obtain a settlement permit in accordance with Sect. Applications usually close on 30 June 2021. If you’re the holder of an EU Blue Card, you know that one of this visa’s top benefits is the early eligibility to switch from employment-dependent residence permit to permanent residency. You possess sufficient knowledge of the German language (B1 level in accordance with the Common European Framework of References for Languages (CEFR)) as well as knowledge of the legal and social order and of the German way of life. 1 German Residence Act. Sufficient knowledge of German Fax: 0221 932959669, Schlun & Elseven Rechtsanwälte PartG Learn about what you can do to obtain a settlement permit in Germany by consulting the website of the Federal Office for Migration and Refugees (BAMF). You have basic knowledge of the legal and social order in Germany. 4a s. 1 or § 25 subs. In any case, the housing is sufficient if: Example: A family consists of a mother, father and three children who are one, three and seven years old respectively: Mother, father and seven-year-old child: 3 x 12, three-year-old child: 1 x 10, one-year-old child: not taken into account = required living space of 46 square metres. If you leave Germany for a period of more than six months, your permanent settlement permit … We will be engaging this firm again in the future. Special mention to Ms. Abschira Kontny who had been in charge of my case, thanks to whom we were able to clarify several critical questions from HR before my tentative start date and has always been very professional, friendly and on top of things. The living space is not sufficient if it does not comply with the legal provisions that also apply to Germans with regard to condition and occupancy, e.g. This is not necessary if the foreigner is unable to meet the requirement due to a physical, mental or psychological illness or disability. Such entitlements are the pension entitlement for the time of retirement from working life upon reaching the corresponding age limit and the pension entitlement in the event of premature retirement from working life due to incapacity for work or occupational disability. In accordance with the German Residence Act, you are considered a “skilled professional” when you belong to one of the following categories of persons: If you fulfil these requirements, make an appointment at your nearest Foreigners Authority in order to apply for a settlement permit. I had an awesome experience working with this law firm specifically with Samir Muratovic! If this is not possible or desired, you can seek legal advice via our video or telephone consultation. Information for employers on employing EU, EEA and Swiss citizens in the UK, covering right to work checks, the EU Settlement Scheme and the UK’s new immigration system. Schlun & Elseven Attorneys-at-Law remains fully available for its Private & Business Clients even in these difficult times. Tel: +49 211 882 84196 Home » German Immigration Lawyer for Private & Business Clients » Settlement Permits Germany: A Comprehensive Overview. The assessment as to whether maintenance is deemed to be secured is subject to an overall assessment. 7). in individual cases to avoid hardness, for example: if attendance of an integration course was permanently impossible or unreasonable, if the applicant has a degree from a German Hauptschule or a comparable or higher school leaving certificate from a German general school, Spouses who live in a marital relationship with a German and for whom there is no interest in deportation, provided that the further requirements of, Parents of an underage unmarried German child for whom they are responsible for personal care and with whom they live in a family relationship in Germany, provided that they have no interest in expulsion, provided that the other requirements of, minor unmarried children of Germans living with him in a family relationship in Germany and who are not interested in being deported, provided that the other requirements of, for children of Germans with a residence permit for family reasons, provided that the other requirements of, if the applicant is unable to provide proof because of a physical, mental or psychological illness or disability. 6 SGB II, additionally awarded services to BaföG recipients according to SGB II. For self-employed workers it is 124 euros and highly-qualified people have to pay 147 euros. With an EU permanent residence permit, you have the possibility of obtaining additional residence permits from other EU-countries. Do you not belong to any of the listed immigrant groups? You will receive a confirmation email after submitting the form. 2. They include: 1. 18c (2) AufenthG (German Residence Act). Possession of a residence permit for humanitarian reasons for seven years. Adjust Cookies Together with the long-term residence permit – EU, it is the legally strongest form of the seven types of residence permits. Contact. Only three years of residence (2005-2008) will be credited to them. The reverse is not true if the applicant is entitled to certain state benefits for himself. It is generally granted without reservation and may only be provided with an ancillary provision in the cases provided for by law. I. Highly-qualified persons, § 19 German Residence Act, II. Exception: for a settlement permit in accordance with § 26 (4) German Residence Act: Generally be credited to the required duration: Example: A foreigner has been living in Germany with a settlement permit since January 2010 and leaves the country in February 2017. I had some immigration issues with getting my girlfriend a VISA to come visit me in Germany. Special arrangements for certain categories of persons: Exception: in case of sufficient knowledge of the German language the period is reduced to 21 months. Exception: Period of residence during which the foreigner held a residence permit in accordance with § 4 Para. They explored all possibilities with us, taking great pains to explain our obligations and legal limitations at each stage. If special permits are required for the exercise of certain professions, a foreigner who wishes to exercise this profession as a self-employed or employed person must have the necessary permit. Under what Conditions am I entitled to a Settlement Permit? You receive a settlement permit if you have successfully completed vocational training or a degree in Germany, have held a residence permit for two years for employment as a skilled worker (with vocational training or an academic education) or as a researcher, hold a job, have paid compulsory pension insurance contributions for 24 months and have sufficient knowledge of the German language. For them the possibility remains to apply for a permit for permanent residence in the EU according to § 9a German Residence Act. 4, § 23 para. Debtor: A debtor must be able to provide for himself and the members of his family to whom he is responsible for maintenance. Samir was able to get everything ironed out and in the end my girlfriend finally was approved for her VISA and is with me in Germany right now. It must be correct to assume that you can integrate into the German way of life and that your living costs will be covered without having to use public funds. Proof of basic knowledge is not required: The applicant must provide evidence of sufficient accommodation for himself and his family members living with him in the same household. Anyone who wants to apply for a permanent residence permit in Germany needs to fulfil certain basic conditions: 1. Graduates from a German University (§ 18b AufenthG) A non-EU foreigner who graduates from a German University or comparable institution in Germany, may get a permanent residence permit when they have: held a work permit for at least 2 years after graduation; a job that relates to what they studied for (professional qualifications) To date, the BAMF has issued such admission commitments for the admission of two groups of persons: Contact our Practice Group for German ImmigrationLaw. Send us your questions about living and working in Germany in German or English. Tel: +49 221 93295960 We ended with a solution that exceeded anything we imagined. Appointments only after Special conditions also apply to you when it comes to applying for a settlement permit. Foreign Family Members of Germans, § 28(2) German Residence Act, 5. Living in Germany on a residence permit for at least 7 years, and attended an integration course 3. This permit is mostly given to people after they have held the temporary residence permit for a few years or for those with the EU Blue Card. Sufficient Knowledge of the German Language, 8. A settlement permit, on the other hand, is a long-term residence title which has fewer restrictions than temporary ones. Highly qualified professionals are required to paid EUR 147 to apply for a settlement permit. If you need advice or support around a specific issue relating to settlement permits then make sure to contact us directly. If you have any questions, you can call us at any time. You have made contributions to a statutory pension schemefor at least 60 months or can provide evidence of a comparable old-age provision. 1, para. You are here: Highly qualified professionals … that they have language skills at level A1 CEFR, acquired the “Zertifikat Deutsch” or the “Deutsch-Test für Zuwanderer” (competence level B1) according to, successfully attended a German-speaking school for four years (transfer to the next higher class), acquired a secondary school leaving certificate or at least an equivalent German school leaving certificate, been transferred to the tenth grade of a secondary German-speaking school (Realschule, Gymnasium or Gesamtschule), or. Once contact has been made our experienced immigration lawyers can provide the specialised focus and attention your case needs. The general requirements of § 9 (2) German Residence Act apply to the granting of a settlement permit. Despite the shortage of appointments and the limited communication from the Einwänderungsamt, with the assistance from the SE-team I was able to start working and eventually we were able to get an appointment.A huge thank you to the team for my handling my case superbly. The duration of residence permits is fully taken into account. Kyffhäuserstr. 3,  German Residence Act. The following requirements apply: Have you successfully completed university or vocational training in Germany? No contrary grounds of public security or public order. You can find out which visa you need in order to come to Germany with the Visa-Navigator. This can be assumed if the same regulations apply to Germans. To be allowed to stay in Germany long-term, and to travel in and out of the country as you please, you’ll need a Settlement Permit. On April 10, I became an official permanent resident of Germany! The permit is granted by your local Foreigners Authority. for applicants who were in possession of a residence permit or residence authorisation before 1 January 2005, if a physical, mental or psychological illness or handicap does not make it impossible to fulfil the requirements, but makes it considerably more difficult in the long term, if the applicant was already over 50 years of age when entering the country, if attendance of an integration course was permanently impossible or unreasonable due to the need for care of a relative, for each family member over the age of six years, 12 square meters and, ten square metres of living space for each family member under the age of six. Settlement Permit: The Settlement Permit is a residence title unlimited in time, which in addition grants the right to work in Germany. The identity of the applicant must be clarified; if he/she is not entitled to return to another state, his/her nationality must also be clarified, there must be no interest in expulsion; this condition corresponds as far as possible to the condition “no contrary grounds of public policy or public security, the applicant must have entered the country with the required visa, for foreigners with a residence title pursuant to, in all other cases, the authority has a discretionary power and may waive this requirement. Admission Commitment by the Federal Office for Migration and Refugees (BAMF), § 23 (2) German Residence Act, Practice Group for German Immigration Law and Resident Permits, Legal Representation in Immigration Law & Settlement Permit Issues, Contact a lawyer for German Immigration Law for issues relating to Settlement Permits. the housing supervision laws (in North Rhine-Westphalia: WAG NRW) or, in the absence of such laws, the police and regulatory law. 2, § 26 para. Fax: 0241 47571469, Schlun & Elseven Rechtsanwälte PartG A settlement permit opens many doors. Once the settlement permit has been granted, the settlement permit is automatically transferred when a new passport or German passport replacement document is issued, without the need to re-examine the conditions for granting it. In short, type 1 and 2 are limited permit, type 2 … Your privacy is important to us: the contact form is sent encrypted via TLS.Thank you for the trust you have placed in us.We refer to our privacy policy. 3, German Residence Act: Special regulations for certain groups of persons: In the case of spouses and partners in a cohabiting partnership who are not covered by § 28(2) of the Residence Act, it is sufficient if one of the spouses or partners provides proof of an employment permit, § 9 (3) sentence 1, § 27(2) of the Residence Act. successfully completed a course of study at a German-speaking university or university of applied sciences or has completed a German vocational training course. The settlement permit is an unlimited residence title which is granted to a foreigner in order to consolidate their stay in Germany. In our chat you can put your questions to our specialists in German or English, rapidly and without prior login. 50674 Köln The fee for a general settlement permit is usually 113 euros. I have complete confidence in them getting the job done right. When it comes to immigration law in Germany look no further than Schlun & Elseven. 18c (2) AufenthG (German Residence Act), Section 18c (3) AufenthG (German Residence Act), Sect. five years of possession of a residence permit, the former German citizen must have lost his or her citizenship at a point in time when he or she had been a German citizen for five years and had his or her habitual residence in the Federal Republic of Germany. For persons who can provide proof of German language skills at B1 level, the required time of 33 months can be reduced to 21 months. A Germany EU Blue Card is a German residence permit title for third country nationals wishing to work in Germany. What is the purpose of a settlement permit? 09:00 – 19:00 o’clock Teaching staff with outstanding functions, e.g. The first prerequisite for this is that they continue to fulfil the requirements of § 31 (1) or § 35 (2) AuslG. By continuing to browse the website, you agree to our use of cookies. Highly qualified people are in particular: The following special conditions apply to them: Exception: consent is dispensable if this is stipulated by statutory instrument or intergovernmental agreement. So, here’s how to get your German settlement permit. It is generally granted without reservation and may only be provided with an … Securing their livelihood without claiming benefits under the Second or Twelfth Social Code or youth welfare under the Eighth Social Code; the foreigner is undergoing training leading to a recognised school or vocational training qualification, the condition cannot be fulfilled by the foreigner because of a physical, mental or psychological illness or disability, there is no interest in expulsion based on the personal conduct of the applicant, no conviction of the foreigner in the last three years for an intentional criminal offence to a juvenile sentence of at least six or a prison sentence of at least three months or a fine of at least 90 daily rates. Berlin.de. The Blue Card scheme helps the German labor market attract well-trained workers and reduce skilled workers’ shortage. A family member is anyone who provides maintenance payments on the basis of family ties (including stepparents or siblings). It enables qualified third-country citizens to immigrate to Germany permanently. Today, residence permits are issued as ID-1 (credit card size) plastic cards and the additional … Describe the subject of your request in as few words as possible. Sufficient living space is deemed to exist if the level of a publicly subsidised social rental apartment in the relevant region has been reached. The settlement permit entitles the holder to both employment as an employee and self-employment. Our firm are widely experienced and knowledgeable when it comes to issues around German immigration law. 4 a, sentence 2 German Residence Act, § 6 Para. This is the case if there is a partial or full reduction in earning capacity within the meaning of, Foreigners who cannot provide for old age because of. 75-80%; sufficient living space for the applicant and the members of their family living with them in the household, Parents of an unmarried German minor for the purpose of personal care. You have been employed in a qualified job for at least 33 months during which you made monthly contributions to the statutory pension insurance fund. Residence permit/Settlement permit. You are then free to decide whether you want to instruct our immigration law attorneys. telephone arrangement. In what other Cases can the Authorities grant me a Settlement Permit? There is a nice personal touch behind their professionalism that made us feel like part of a team. According to the Aufenthaltsgesetz from 2008 : ( § 9 Abs. This will hopefully provide you with a clearer insight into the topic and especially in terms of your issues around a German settlement permit. 21 (4) AufenthG (German Residence Act)). Exception: if the purpose of the limited term is only to re-examine the professional suitability. The permanent settlement permit is an unlimited residence permit which is issued to a successful applicant in order to consolidate his or her residence in Germany. Schlun & Elseven Rechtsanwälte PartG Some people may get it sooner: For example, if you are a non-EU national married to a German citizen, you could file your application for a settlement permit after three years. The fee for a German settlement permit varies according to job category. This is not necessary if the foreigner is unable to meet the requirement due to a physical, mental or psychological illness or disability. As a rule, the required language skills are proven if the applicant has. it is permanently impossible or unreasonable for him/her to participate in the integration course, if the applicant cannot fulfil the language requirements because of a physical, mental or psychological illness or disability. You will receive a confirmation email after submitting the form. You are employed at a job for which you are qualified or that adequately suits your qualifications. A permanent residence permit allows an individual to stay for an unspecified period of time. Self-employed persons. If you have a sufficient understanding of German, you will be issued with a settlement permit after only 21 months. for other gainful employment, if the foreigner is permitted to engage in gainful employment on the basis of an intergovernmental agreement, a law or a legal ordinance without having to be entitled to do so by means of a residence permit. The settlement permit entitles the holder to both employment as an employee and self-employment. 52080 Aachen (Eilendorf) German Immigration Lawyer for Private & Business Clients, § 18, para. Basic Knowledge of the Legal and Social Order and Living Conditions in the Federal Republic of Germany, 10 General prerequisites for granting the residence permit, § 5 AufenthG, II Special provisions for certain categories of persons, 1. The authority first calculates what income is available to secure subsistence in accordance with § 11, Subsection 2, SGB II. The following special requirements must be met for the issue of an EU Blue Card: Exception: in case of sufficient knowledge of the German language (level B1 GER) the period is reduced to 21 months. However, generally, the cost of obtaining a settlement permit is EUR 113. The rules of the Residence Act governing the issue of settlement permits are applicable. With a tolerated shortfall of ten percent (4.6), 42 square meters would also be acceptable. The following applies to children with family residence rights: Only the following requirements of § 35 German Residence Act must be met for the authority to consider granting a settlement permit: Prerequisites for children who have been in possession of a residence permit for five years at the time they reach the age of 16: For children who have only been in possession of a residence permit for five years after reaching the age of 16, there is an additional requirement that sufficient knowledge of the German language is required, i.e. Former Germans, § 38 (1) no. Your subsistence is secure, i.e. You have paid at least 48 months of mandatory or voluntary contributions to the statutory pension insurance fund. Literally, with this settlement permit, you are allowed to stay in Germany indefinitely. We’re going to focus on the two long-term settlement permits, namely the German permanent residence permit (unbefristete Niederlassungserlaubnis) and EU permit for permanent residence (Erlaubnis zum Daueraufenthalt-EU). Providing proof of secondary and higher education qualifications, Planning your arrival and course of study, Residence permit for the purpose of seeking employment, Mechatronics engineer for air-conditioning/ refrigeration, Engineer for sanitary, heating and air-conditioning systems, Schools offering the DSD language diploma, Off to Germany with a school-leaving certificate, Off to Germany with the DSD language diploma, Visa for the recognition of foreign qualifications, Visa for the purpose of language acquisition, Information on the Skilled Immigration Act, Special regulations on entry and residence, Welcome services for qualified professionals and their families, Spouses joining citizens of non-EU countries, Bringing your children to join you in Germany, Section 18c AufenthG (German Residence Act), Sect. Holder of an EU Blue Card, § 19 a German Residence Act, 3. In March 2019, he applies for a new settlement permit: He has stayed in Germany for seven years with a settlement permit, from which the two years abroad must be deducted, which results in five years of residence. Among the benefits of such a residence title is that it does not require any prolongation and allows free movement within the eurozone. It offers much more security than these two. level B1 CEFR. Adequate accommodation for the applicant and the members of his family living with him in the same household, Securing their livelihood regardless of whether benefits in accordance with, Jewish immigrants from the former Soviet Union with the exception of the Baltic States. General requirements, § 9 Para. You can provide proof that you and your family members are able to permanently cover your costs of living. In addition, the following general conditions apply: The special provision applies to foreigners who have one of the following residence permits: Two conditions must be met in order to facilitate the general conditions: If these two prerequisites are fulfilled, the general prerequisites apply additionally in an amended form: the foreigner, if born before 1 January 1964, has reached the age of 65, command of the German language: level C1 GER, Fulfilment of the general conditions for granting residence permits, § 5 German Residence Act. research assistants in prominent positions, who independently and responsibly manage or are expected to manage departments, scientific project or working groups, Integration into the living conditions of Germany, Securing livelihoods without state aid (see: General requirements), Consent which the Federal Employment Agency has to grant under. In this context, subsistence is to be understood as the totality of the means necessary to meet a person’s needs. 45 The curricula of the orientation course, which is part of the integration course, can be used for orientation. Germany has moved from a 20th century economy to a 21st century economy in which communication, technology and science is highly valued. We look forward to your call! Principle: It is necessary that the family member is also residing lawfully in Germany and can support himself/herself without having to use public funds. Federal Office for Migration and Refugees (BAMF), Centre of Excellence for Asylum, Migration and Integration in Germany. 4b s. 1 Aufenthaltsgesetz (AufenthG) [German Residence Act]. Knowledge of the German language at language level B1 CEFR is required. Please use the form below to inform us about your concerns regarding German settlement permits. Cookie Policy Once in German territory, you can apply for a residence permit or – in case of Sec 19 ResA – a settlement permit. 3 AufenthV; crediting: 100%. Further there are exceptions under following circumstances: If you are a spouse or registered partner of a German national- then you should make a joint statement that your relationship holds valid even in your absence and after your return to Germany. You can get personal advice in German and English over our hotline. The settlement permit is an unlimited residence permit. Special conditions apply to them: This concerns foreigners who have a residence permit for humanitarian reasons. The team is very cooperative and responsive. If you want to live indefinitely in Germany and the EU, these are the two permits to research. far predominant securing of livelihood: well over half of the livelihood, including sufficient health insurance cover, must be secured without recourse to public funds; the point of reference is approx. Königsallee 60F members of the organ of a legal person who are entitled to legal representation, partners in a general partnership or members of another group of persons, insofar as they are appointed by law, articles of association or partnership agreement to represent the group of persons or to manage the business, Possession of a residence permit according to, successful realization of the independent activity planned by the foreigner, Securing the subsistence of the alien and his dependants to whom he has to provide maintenance, Foreigners in possession of a residence permit according to. A permanent settlement permit cannot be issued to persons who hold a residence permit issued on humanitarian grounds pursuant to § 24, § 25 subs. We work with individuals and businesses in all areas of immigration law. 3 sentence 2, § 104 para. In order to safeguard special political interests, the Federal Ministry may order the BAMF to grant admission to foreigners from certain states or otherwise to certain groups of foreigners. You have paid into the statutory pension insurance fund for 24 months. This can be proved by way of passing the, You must be able to provide proof of academic training. Settlement Permits. Example: A foreigner has held his or her residence permit since 1 January 2003 and applies for a settlement permit on 1 February 2008, although he or she has held a residence permit for five years. You can apply for this after having had a temporary residence permit for a few years, or if you’ve had a Blue Card. Grateful and would definitely recommend taking up their services as to whether maintenance deemed. Sec 19 ResA – a “ settlement permit as possible our hotline for Asylum, Migration and integration in.! 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