Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a settlement permit for recognised persons entitled to asylum and refugees

Description

As a recognised person entitled to asylum, a refugee under the Geneva Convention on Refugees or a resettlement refugee, you can obtain a permanent residence permit (so-called settlement permit) after three or five years under simplified conditions.

If you have not yet reached the age of 18, please first inform yourself about the benefit "Settlement permit for minor children", which is granted on the basis of § 35 of the Residence Act (see notes).

Prerequisites

You are in possession of a valid residence permit as:
- recognised person entitled to asylum (Section 25 (1) of the Residence Act),
- recognised refugee in accordance with the Geneva Convention on Refugees (§ 25 paragraph 2 sentence 1, 1st alternative of the Residence Act) or
- Resettlement refugee (Section 23(4) 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).
The reasons for your recognition as a person entitled to asylum or refugee still exist.
Please note: Three years after recognition, the BAMF examines whether the grounds for recognition may have ceased to exist. In the case of asylum decisions from 2015, 2016 or 2017, the BAMF must have explicitly informed you that the conditions for revocation or withdrawal are not met so that you can assume that your residence status will continue.
If you would like to obtain a settlement permit after three years :
- You are proficient in German (level C1),
- As a rule, you and your spouse or partner can support yourself and your household family members by more than 75% without recourse to public benefits.
If you would like to obtain a settlement permit after five years :
- You have sufficient knowledge of German (level A2),
- As a rule, you and your spouse or partner are able to support themselves and your family members without recourse to public benefits to more than 50% of their own resources.
  Please note: This requirement is waived if you have reached retirement age.
You have a permanent employment permit.
Please note: In a marriage or registered partnership, it is sufficient if the partner has the employment permit.
If you work in a regulated profession, you must be in possession of the required professional license (for example, license to practice medicine or professional license).
Please note: In a marriage or registered partnership, it is sufficient if the partner has permission.
You have basic knowledge of the German legal and social system.
Please note: Orientation courses offered by the BAMF impart this knowledge.
You have sufficient living space for yourself and your family members.
You have sufficient health insurance.
You have no criminal record.
There is no interest in expulsion against you.

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 subsistence (for example, proof of income, employment contract, pension notice, proof of receipt of benefits such as parents or child benefit, alimony payments).
Please note: Proof of subsistence can also be provided by third parties (e.g. spouses, registered partners, parents).
After a period of residence of five years, proof of subsistence can be waived if the retirement age has been reached or if there is an illness or disability that prevents an independent livelihood. This must be proven in an appropriate form (e.g. by means of a pension notice, a specialist opinion, proof of institutionalisation).
Proof of health insurance coverage (for example, confirmation of health insurance coverage or insurance policy)
Proof of knowledge of the German language at level A2 (for a five-year stay) or C1 (for a three-year stay) of the Common European Framework of Reference for Languages (e.g. language certificate, German school, training or university certificates)
Please note: After a stay of five years, proof of successful participation in the integration course can be presented as proof.
Proof of language skills can be dispensed with if there is an illness or disability that prevents learning the language. This must be proven in an appropriate form (for example, by a specialist opinion, proof of institutional care or other reasons that make learning the language impossible or unreasonable in the long term).
Proof of basic knowledge of the legal and social system in Germany (e.g. certificate or certificate of successful participation in the integration course)
Please note: After a stay of five years, this proof can be waived if there is an illness or disability that prevents the acquisition of knowledge. This must be proven in an appropriate form (for example, by a specialist opinion, proof of residential care or other reasons that make the acquisition of knowledge impossible or unreasonable in the long term).
Proof of sufficient living space (rental or purchase contract that provides information about the living space)
Professional admission (e.g. license to practise medicine, professional licence) when exercising a regulated profession (in a marriage or registered partnership, proof can also be provided by the partner).
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 further proof.

Fees (costs)

Free

Section 52 (3) no. 1 of the Residence Ordinance

Deadlines

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.

Processing time

Duration: 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.
Find out whether your immigration authority allows you to submit your application 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 upon receipt of your application to make an appointment.
During the appointment, your identity and documents will be checked (please bring your documents, preferably original, to the appointment).
If your application is granted, your fingerprints will be taken for the production of the settlement permit in the form of a new electronic residence title (eAT card).
The Foreigners' Registration Office commissions Bundesdruckerei to produce the eAT card. 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

Minors and young adults who have received a residence permit as a person entitled to asylum or recognised refugee before reaching the age of 18 should inform themselves about the benefit "Settlement permit for minor children". This settlement permit is issued on a different legal basis under simplified conditions from the age of 16 (Section 35 of the Residence Act).
The procedure is usually carried out in German.
A settlement permit may expire in the event of a stay of more than six months outside Germany if this stay abroad has not previously been coordinated with the Foreigners' Registration Office.
Persons holding a residence permit for other humanitarian reasons can also obtain a settlement permit after five years. However, the prerequisites for this are different.
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.