Source: BUS Sachsen-Anhalt (Linie6Plus)

Apply for a settlement permit for holders of a residence permit for reasons of international law, humanitarian or political

Description

As a holder of a residence permit for reasons of international law, humanitarian or political reasons, you can, under certain conditions, obtain a permanent residence permit (so-called settlement permit) after five years.

If you entered Germany before the age of 18, please also find out about the settlement permit for minor children and young adults, for which lower requirements must be met (see benefit "Settlement permit issued for minor children").

If you are in possession of a residence permit as a person entitled to asylum, a recognised refugee under the Geneva Convention on Refugees or a resettled refugee, you can obtain a settlement permit under facilitated conditions (see service "Settlement permit issuance for holders of a residence permit as recognised persons entitled to asylum and refugees").

Prerequisites

You are in possession of a valid residence permit for reasons of international law, humanitarian or political reasons (see Section 5 of the Residence Act)
You have been in possession of a residence permit for at least five years (periods of an asylum procedure are taken into account).
You and your spouse or registered partner can support yourself (including health insurance) for yourself and your family members without using public benefits.
Please note: Livelihood can also be secured by third parties (e.g. spouses, registered partners, parents).
An independent livelihood is not required if there is an illness or disability that prevents an independent livelihood.
You have paid at least 60 months of compulsory or voluntary contributions to the statutory pension insurance scheme or expenses for a claim to comparable benefits from an insurance company.
Note: In a marriage or registered civil partnership, it is sufficient if the partner fulfils this requirement.
The requirement does not have to be met if there is an illness or disability that prevents it.
You have a permanent employment permit and, if you work in a regulated profession, the necessary professional license (e.g. license to practice medicine or professional permit).
Please note: In a marriage or registered civil partnership, it is sufficient if the partner has the permissions.
You have sufficient knowledge of German (level B1). If you were not entitled to participate in an integration course or were not obliged to participate, basic knowledge of the German language at level A1 is sufficient.
Please note: The language skills do not have to be available if there is an illness, disability or other reasons that make learning the language impossible or unreasonable in the long term.
They have a basic knowledge of German law and society.
Please note: The knowledge does not have to be proven if there is an illness, disability or other reasons that make it impossible or unreasonable to acquire the knowledge in the long term.
You have sufficient living space (for you and your family).
You are not in possession of a humanitarian residence permit according to
- § 24 (granting of residence for temporary protection),
- Section 25 (4) sentence 1 (residence permit for urgent personal or humanitarian reasons),
- § 25 (4a) sentence 1 or § 25 (4b) sentence 1 (residence permit for certain victims of crime) or
- § 104a (1) sentence 1 (probationary residence permit)
  of the Residence Act ( no settlement permit can be issued for these).
They have no criminal record.
There is no interest in expulsion against you

Required documents

Recognized and valid identity document (e.g. passport or passport substitute)
Up-to-date biometric photo in the passport (45 x 35 mm)
Proof of livelihood (e.g. proof of income, employment contract, pension notice, proof of receipt of benefits such as parents or child benefit, alimony payments) or proof of illness or disability that prevents independent livelihood (e.g. through a specialist medical opinion, proof of residential care).
Proof of health insurance coverage (e.g. confirmation of health insurance coverage or insurance policy)
Proof of contributions made to retirement provision (e.g. pension information from the German Pension Insurance or proof of entitlement to comparable benefits from another insurance or pension institution) or proof of an illness or disability that prevents independent retirement provision (e.g. by means of a specialist medical opinion, proof of residential care).
Licence to practise a profession (e.g. licence to practise a licence to practise a regulated profession)
Proof of knowledge of the German language at level A1 or B1 of the Common European Framework of Reference for Languages (e.g. language certificate, German school, training or university certificates or proof of successful participation in the integration course) or proof of illness, disability or other reasons that make learning the language impossible or unreasonable in the long term (e.g. by means of a specialist medical opinion, Proof of residential care). Proof of basic knowledge of the legal and social system in Germany (e.g. certificate or attestation of successful participation in the integration course) or proof of illness, disability or other reasons that make learning the language impossible or unreasonable in the long term (e.g. by means of a specialist medical opinion, proof of residential care).
Proof of basic knowledge of the legal and social system in Germany (e.g. certificate or attestation of successful participation in the integration course) or proof of illness, disability or other reasons that make learning the language impossible or unreasonable in the long term (e.g. by means of a specialist medical opinion, proof of residential care).
Proof of sufficient living space (rental or purchase contract that provides information about the living space)
If there was an obligation to participate in the integration course: Certificate of successful participation in the integration course

The documents and information must always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or more evidence.

Fees (costs)

Free

Section 52 (3) No. 1 Residence Ordinance - Exemptions and reductions
Remark: Fee Formation URL

Deadlines

Application deadline:

6 weeks to 8 weeks

The application should be received by the Foreigners' Registration Office at least six to eight weeks before the expiry of the current residence permit.

Duration:

The settlement permit is issued for an indefinite period. Only the electronic residence permit (eAT card) is issued for a limited period of time and must be renewed after the end of its validity.

Processing time

Duration: approx. 6 weeks to 8 weeks

The processing time may vary depending on the workload of the Foreigners' Registration Office.

It takes about 4 weeks to 6 weeks for Bundesdruckerei to produce the electronic residence permit.

Legal remedy

Objection to the decision of the Foreigners' Registration Office
Bringing an action before the court named in the notice of opposition if the objection is not upheld

Responsible body

Foreigners' Registration Office

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

The settlement permit must be applied for before the validity of your current residence permit expires.
Find out whether your Foreigners' Registration Office allows you to apply online or has a special application form.
If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receipt of your application to make an appointment.
During the appointment, your identity and documents will be checked (please bring your documents, if possible in the original, with you to the appointment).
If your application is granted, your fingerprints will be taken in the form of a new electronic residence permit (eATKarte) for the production of the settlement permit.
The Foreigners' Registration Office commissions the production of the eAT card from Bundesdruckerei. After completion, you will receive information and can pick up the eAT card from the responsible office. The eAT card must always be picked up in person.
If your application is rejected, you will receive a rejection notice.

Further information

The issuance of a settlement permit is at the discretion of the competent immigration authority. Applicants are therefore only entitled to a decision free of errors of discretion.

Minors and young adults who have received a residence permit as a person entitled to asylum or a recognised refugee before the age of 18 should inform themselves about the service "Settlement permit for minor children". This settlement permit is issued on a different legal basis under facilitated conditions from the age of 16 (§ 35 of the Residence Act).
Please note: It is not sufficient if you entered the country as a minor and were in an ongoing asylum procedure when you reached the age of majority.
The procedure is usually carried out in German.
A settlement permit can expire if you stay outside Germany for more than six months if this stay abroad has not been previously agreed with the Foreigners' Registration Office.
Holders of a residence permit as persons entitled to asylum or recognised refugees (including resettled refugees) can in principle also obtain a settlement permit under this provision, but a settlement permit in accordance with Section 26 (3) of the Residence Act will generally be more favourable for them. Those affected should inform themselves about the service "Settlement permit issuance for holders of a residence permit as recognised persons entitled to asylum and refugees".
All information provided to the Foreigners' Registration Office should be correct and complete to the best of our knowledge and belief so that the request can be processed without major delays.
Incorrect or incomplete information can slow down the procedure and be detrimental to the persons concerned. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.
Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.