By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
The settlement permit (Niederlassungserlaubnis) is a residence title (Aufenthaltstitel) of unlimited duration that is not tied to a particular purpose. It is the best residence status a third-country national can obtain in Germany.
At a glance
Unlike the residence permit, the settlement permit does not have to be extended and does not lapse when the original purpose of residence comes to an end. If all the requirements of the law are met, there is an entitlement to it being granted. Alongside it, the EU long-term residence permit (Erlaubnis zum Daueraufenthalt-EU) is a second residence title of unlimited duration. Unless the law provides otherwise, the EU long-term residence permit is treated as equivalent to the settlement permit. Which of the two titles comes into consideration for you is something we examine separately in each individual case.
Under § 9 Abs. 2 Satz 1 Nr. 2 AufenthG, issuance of the permit requires that your means of subsistence are secure. That is the case if you are able to earn a living including sufficient health insurance coverage without recourse to public funds. Receiving benefits under Book II or Book XII of the Social Code (SGB) therefore as a rule stands in the way of the permit being granted.
A widespread misconception is the assumption that any receipt of state benefits is harmful to the application. Child benefit and parental allowance, for example, do not count as recourse to public funds. We are glad to examine with you whether your means of subsistence are secure within the meaning of the law.
For spouses living in marital cohabitation, it is sufficient under § 9 Abs. 3 Satz 1 AufenthG if one spouse has paid the pension contributions and holds the permits required for economic activity. This relaxation concerns only the requirements named. In practice it is often overlooked. We are glad to advise you in this context as well.
Anyone who holds an EU Blue Card can obtain the settlement permit considerably earlier. Among other things, at least 27 months of employment under § 18g AufenthG and basic German language skills (Level A1) are then required. If you have sufficient German language skills (Level B1), the period is shortened to 21 months. In addition, you must furnish evidence for that period of contributions to the statutory pension insurance scheme or of comparable provision with a pension institution or an insurance company. We are glad to advise you on this.
With the settlement permit you hold a right of residence of unlimited duration and thus meet one of the requirements for naturalization. The Nationality Act (Staatsangehörigkeitsgesetz) requires further conditions, among other things five years of lawful habitual residence in Germany. We are glad to advise you.
Periods of lawful residence in Germany for the purpose of university studies or vocational training count only half. Anyone planning the path to a settlement permit early on should take this into account.
If you have previously lived in the Federal Republic of Germany and have now re-entered the country, your earlier periods of residence may, where applicable, also be taken into account for the grant of the settlement permit. Whether and to what extent this happens depends in particular on which residence title you held when you left the country at that time.
It lapses, among other things, if you leave Germany for a longer period. Anyone who expects to stay abroad for a longer period should make an arrangement with the Ausländerbehörde (immigration authority) beforehand.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
