Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a settlement permit for minor foreign children

Description

If you have a residence permit as a minor foreign child

for family reasons (e.g. for moving to or joining a family member or due to birth in Germany) or
for humanitarian reasons (e.g. on the basis of entitlement to asylum or refugee recognition under the Geneva Convention)

and still have, you can, under certain conditions, obtain a permanent right of residence in the form of a settlement permit.

Prerequisites

You must be at least 16 years of age.
You must have been in possession of a valid residence permit for at least five consecutive years, which
- for family reasons (e.g. for moving to or joining a family member or due to birth in Germany) or
- for humanitarian reasons (e.g. on the basis of entitlement to asylum or refugee recognition under the Geneva Convention)
  was granted.
You should be able to explain to the immigration authority that you have resided in Germany for five years (for example, by providing proof of attendance at an educational institution or an employment relationship).
There is no interest in your expulsion from Germany.
You must not have been sentenced in the last three years to a youth sentence of at least six months or imprisonment of at least three months or a fine of at least 90 daily rates for an intentional offence. The suspension of the imposition of a juvenile sentence on you may also preclude the granting of a settlement permit.
If you have reached the age of 18, also:
- You were granted a residence permit while you were a minor (it is also possible to obtain a settlement permit if you do not reach the five-year period until after you have reached the age of majority).
- You have knowledge of German at level B1 of the Common European Framework of Reference for Languages (this is assumed if you have attended a German-speaking school for more than four years and have achieved at least a "sufficient" in subject German).
- Your livelihood is secured (for example, through your own income or the income of your parents) or you are in an apprenticeship relationship leading to a recognised school or vocational training qualification or a university degree (school attendance, in-company training or university studies).

Please note: If you suffer from an illness or disability that prevents you from acquiring language skills or securing your own livelihood, you do not have to meet these requirements.

Required documents

Recognized and valid identity document (for example, passport or passport substitute)
Current biometric photo in passport format (45 x 35 mm)
Proof of at least five years of residence in Germany (e.g. school, training or study certificates, proof of passing intermediate examinations or credit points, employment contract)
For minors whose parents with custody cannot submit the application jointly on behalf of their minor child: written power of attorney from the absent parent
Adult applicants also need:
- Proof of sufficient language skills at level B1 of the Common European Framework of Reference for Languages (e.g. language certificate, German school and training certificates),
- Proof of securing one's livelihood together with health insurance (e.g. proof of income, certificate of health insurance) or proof of the school or vocational training relationship (school certificate, training contract or certificate of the training place, certificate of enrolment)

Please note: If there is an illness or disability that prevents the acquisition of language skills or the independent livelihood, this must be proven in an appropriate form (for example, specialist opinion, proof of institutionalization).

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

Fees (costs)

Cost amount (fixed):

55,00 for minor applicants
113,00 for adult applicants

Remark:

Additional fees may apply for the issuance of the settlement permit in the form of an electronic residence title (eAT card), which can also be used as an electronic proof of identity.

Lower fees may apply for Turkish nationals.

Deadlines

Duration (for span): 6 to 8 weeks

Remark (for more information on the deadline):

At the latest 6 to 8 weeks before the expiry of the current residence permit, the application should be received by the Foreigners' Registration Office.

Remark (for more information on the deadline):

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

You can appeal against the rejection within one month of notification - if necessary by the representative.

Processing time

Duration (with span): approx. 6 to 8 weeks

Note for further information on processing time:

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

The production of the electronic residence title by Bundesdruckerei takes about 4 to 6 weeks.

Legal remedy

Appeal against the decision of the Foreigners' Registration Office
Action before the court named in the notice of opposition if the objection is not complied with

Responsible body

The immigration authority responsible for the place of residence of the applicant.

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.
If you have not yet reached the age of 18, you may not submit the application yourself, but need a representative (usually the application is made by the parents with custody).
Find out whether the competent immigration authority allows the application to be submitted 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 the application to make an appointment.
If you have not yet reached the age of 18, you must be accompanied by at least one legal representative (usually one parent) during the personal interview. In the case of joint custody, the parents must always appear together at the authority and jointly submit the application for you. If one parent is unable to appear in person, the other parent with custody must be issued with a written power of attorney for the application.
During the appointment, your identity and your documents will be checked (please bring all documents, if possible in the original, to the appointment).
If your application is granted, your fingerprints will be taken to produce the settlement permit in the form of a new electronic residence title (eAT card for short).
The Foreigners' Registration Office commissions Bundesdruckerei to produce the eAT card. After completion, you will receive information - if necessary via your representative - 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 - if necessary via your representative.

Further information

Children who have not yet reached the age of 18 may not submit the application themselves, but must be represented by a legally competent person (for example, by a parent with custody).
When issuing a settlement permit, the immigration authority may take into account circumstances such as the residence status of the parents or parents with custody.
The procedure is usually carried out in German.
Make sure that your information is correct and complete to the best of your knowledge and belief. This is the only way the Foreigners' Registration Office can process your request without major delays.
Inaccurate or incomplete information may slow down the process and be detrimental to you. In an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the immigration authority may result in the withdrawal of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.