By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
The EU long-term residence permit (Erlaubnis zum Daueraufenthalt-EU) is comparable to the settlement permit (Niederlassungserlaubnis) and is based on an EU directive. This residence title (Aufenthaltstitel) makes it easier to move to another EU country.
At a glance
Unlike the settlement permit, the EU long-term residence permit makes it possible to obtain a residence title in another member state of the European Union, provided that the requirements there are met. Within Germany, the two titles have equal status unless the Residence Act provides otherwise. The two titles are often taken to be the same, but they are not. The difference matters above all when you move to another member state. We clarify which of the two titles is the right one for you before the application is filed.
Not every period counts toward the required five years to the same extent. Periods of lawful residence in the federal territory for the purpose of university studies or vocational training count only half under § 9b AufenthG (Residence Act). Periods abroad count only within narrow limits. As long as you hold a residence permit (Aufenthaltserlaubnis) for university studies or vocational training, issuance is ruled out. A widespread misconception is that time spent studying counts in full and that the five years are therefore reached sooner. We examine separately in each individual case whether your previous periods are sufficient.
Applications most often fail because of the means of subsistence. Fixed and regular income is required that also covers the means of subsistence of the dependents you are required to support. Whether the income counts as fixed and regular as a rule also depends on whether you have made adequate provision for old age and on whether there is sufficient insurance coverage. As regards provision for old age, the provision made by your spouse living with you in a family unit is also sufficient.
The EU long-term residence permit is of interest to persons who wish to move their residence to another member state of the European Union. Denmark and Ireland are not bound by the underlying Directive 2003/109/EC under recitals 25 and 26 of that directive, so the permit does not make a move there easier. The risk at the municipal Ausländerbehörde (immigration authority) is that only the application actually filed is examined and the EU long-term residence permit is not considered. Processing can take some time, which is why the application should not be filed only shortly before the move. Please seek advice in good time.
The EU long-term residence permit expires only in the cases listed in § 51 Abs. 9 AufenthG. These include a stay of twelve consecutive months outside the territory in which the legal status of a long-term resident can be acquired and a stay of six years outside the federal territory. Denmark and Ireland are not part of the territory in which this legal status can be acquired. Whether the residence title continues despite a longer absence also depends on your previous residence and your personal circumstances.
The twelve-month time limit is replaced by 24 months if you previously held an EU Blue Card. Whether this longer time limit also applies to your family members depends on their earlier residence title. The permit likewise expires if you acquire the legal status of a long-term resident in another member state.
If you wish to leave the country for a reason that is temporary by its nature, a longer time limit is set as a rule. Have the municipal immigration authority set this longer time limit in good time before you leave. A longer stay in the country of origin is often not perceived as significant under residence law, and the expiry is not noticed until re-entry. Anyone who will foreseeably stay abroad for a longer period should have the legal consequences examined by a lawyer beforehand.
Unlike in the case of an EU citizen, a work permit may be required in order to take up employment in another member state. For a stay of more than three months, a separate residence title is required there under Directive 2003/109/EC. This residence title must be applied for without delay after entry, at the latest within three months. This time limit is often missed.
Anyone who holds the legal status of a long-term resident in another member state of the European Union and wishes to stay in Germany for more than 90 days needs a residence permit for this. Issuance is governed by § 38a AufenthG, and as a rule the general requirements for issuance must also be met.
A settlement permit as a rule does not preclude issuance of the EU long-term residence permit. We will be glad to advise you on this.
Sufficient knowledge of the German language is required, namely level B1. Successful completion of an integration course is sufficient as proof. We clarify in advance whether the proof of language skills is waived in your case.
A stay in another member state does not cause the permit to expire immediately. The permit expires as soon as you acquire the legal status of a long-term resident there, and depending on the destination state and the duration of the stay also earlier. We discuss what this means for your case before the move.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
