By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
Residence law and social law are directly connected in many cases. Receiving social benefits can have consequences under residence law. Conversely, access to certain benefits often depends on the respective residence status.
At a Glance
As a rule, the issuance of a residence title (Aufenthaltstitel) such as the residence permit (Aufenthaltserlaubnis) requires that the means of subsistence are sufficiently secured. Your means of subsistence are secure if you can cover them, including sufficient health insurance coverage, without recourse to public funds, though not every social benefit counts as such recourse. A widespread misconception is that securing the means of subsistence is examined only when the residence permit is issued. The same requirement applies again upon renewal (§ 8 Abs. 1 AufenthG). Please seek advice on this in your individual case.
If you are an EU citizen and rely on your right of free movement, your access to social benefits under SGB II and SGB XII depends decisively on the respective grounds for exclusion. Whether such an exclusion actually applies to you in your individual case depends, among other things, on whether you are an employee or self-employed and how long you have already been residing in Germany. If your right of residence arises solely from seeking employment, this exclusion applies in principle (§ 7 Abs. 1 Satz 2 Nr. 2 Buchstabe b SGB II, § 23 Abs. 3 Satz 1 Nr. 2 SGB XII), which often only becomes apparent once an application for benefits has already been rejected. This exclusion may cease to apply in an individual case. You are welcome to seek advice on this before you submit an application or decide against doing so.
Our law firm advises you at the intersection of migration law and social law. We examine both areas in context and represent your interests before authorities and in court. In this way, legal consequences can be identified early and proceedings can be sensibly coordinated with one another.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, lawyer and, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
