Permanent residence in Germany is granted as a settlement permit (Niederlassungserlaubnis). It is unlimited in time and not tied to a purpose. It is the strongest residence status a third-country national can obtain in Germany.
At a glance
The settlement permit is permanent and not tied to a purpose. Unlike the residence permit it does not need to be extended and does not lapse when the original purpose of the stay comes to an end. It is the strongest residence status a third-country national can obtain in Germany.
The catalogue in Section 9(2) AufenthG is exhaustive. Every point must be met:
Five years of holding a residence permit, a secured livelihood, at least 60 months of compulsory contributions to the statutory pension insurance, no grounds relating to public security and order, permission to work, any professional licences required, sufficient knowledge of German, basic knowledge of the legal and social order, and sufficient living space.
It is rarely the language that fails, it is the contribution period. Anyone who has been self-employed, worked abroad or has longer gaps in their employment history often reaches the 60 months later than expected. Periods from other EU Member States may have to be taken into account under European social security law – that is worth examining.
Where a marital partnership exists, the contribution periods, the permission to work and any professional licences need only be met by one spouse. This follows from Section 9(3) AufenthG and is frequently overlooked in practice.
Holders of an EU Blue Card reach the settlement permit considerably earlier: under Section 18c(2) AufenthG, 27 months of employment with corresponding pension contributions suffice, or 21 months with sufficient knowledge of German.
Besides the contribution periods there are two points. First, gaps in residence: anyone who was briefly without a valid title between two permits may lose the five-year period. Second, the livelihood – drawing benefits under Book II or Book XII of the Social Code regularly stands in the way. We examine this interlocking of immigration and social security law together.
What matters is the space for the family members living in the household. The authorities apply standards set by the federal states; the Act does not name a nationwide figure in square metres.
Periods of study or vocational training are not credited in full. Anyone planning the route to a settlement permit early should take that into account.
It lapses, among other reasons, after a longer stay abroad. If you expect to be abroad for an extended period, you should agree an arrangement with the immigration office beforehand.
Often naturalisation. Planning both steps together avoids gaps that are hard to repair later. As an alternative, the EU long-term residence permit comes into consideration.
