Settlement permit and
Permanent residence-EU
Settlement permit
The settlement permit is an unlimited residence title and allows you to stay permanently and work in any occupation. It is usually issued after five years of legal residence. The most important prerequisites for obtaining a permanent residence permit are a secure livelihood, pension insurance contributions and language skills at level B1.
There are numerous special regulations: If you are married to a German national or your spouse has a settlement permit as a skilled worker, you can obtain a settlement permit after just three years. As a recognized refugee under the Geneva Refugee Convention, there are simplifications regarding language skills, securing a livelihood and pension insurance contributions. In addition, the time is reduced to three years if you have language skills at level C1 and can earn more than 75% of your living from your own income.
If you are in possession of an EU Blue Card, you can obtain a settlement permit with basic language skills after just 27 months. If you have level B1 language skills, the time is even reduced to 21 months. For graduates of German universities or German vocational training who are employed as skilled workers, a period of 2 years applies (§ 18b AufenthG).
For all other skilled workers with recognized vocational training, the time is reduced to 3 years.
The following overview shows the different requirements for obtaining a permit:
EU long term residence permit
The EU permanent residence permit (§ 9 a AufenthG) is a residence title that is very similar to the settlement permit in terms of requirements and rights. However, you can only obtain this after a legal five-year stay.
With a German EU permanent residence permit, you can move on to other EU countries (except Ireland and Denmark) under certain conditions. There are also much more generous expiry regulations for periods of absence from Germany.
Holding an EU long term residence permit therefore has significant advantages over a settlement permit, so it should be applied for as a priority.
If you have a permanent residence permit issued by another EU member state (e.g. Italian soggiornante di lungo periodo – UE), you are not allowed to stay or work permanently in Germany. However, you can apply for a German residence permit in accordance with § 38a AufenthG at the Foreigners’ Registration Office.
This will be issued to you if your livelihood is secured. However, the immigration authority must obtain the approval of the Federal Employment Agency before you can take up employment. This will be granted if the working conditions are in line with local standards. You will need a specific employment contract for this. Since 18.11.2023, there is no longer a check as to whether there are people with preferential rights on the labor market (so-called priority check)!
You can apply for a residence permit as the holder of an EU long term residence permit from another member state at the foreigners authority; a visa procedure is not required.
You can find detailed information on the settlement permit and EU long term residence permit in our seminar script on the settlement permit and EU long term residence permit.
Our specialist lawyer for migration law Sven Hasse will advise and represent you in this area.
