Permanent Residence Spouses
Everything you need to know about the spousal privilege for spouses of skilled workers when applying for a settlement permit.
Here you learn ...
what spousal privilege is and what spousal privileges exist
when spouses of skilled workers can apply for a settlement permit
how spouses of skilled workers apply for a settlement permit
everything about the required employment for spouses of skilled workers
Author
Attorney
Reading Time
8 Min.
Release Date
17.02.2025
Table of Content
1. Residence permit for spouses
2. Spouse privilege settlement permit
3. Requirements for spouse privilege settlement permit
3.1. Spouse of a skilled worker with a settlement permit
3.2. Three years of residence in Germany
3.3. Employment of at least 20 hours per week
3.4. Proof of B1 language skills
3.5. Adequate integration and secure livelihood
4. Application procedure for spouse privilege settlement permit
5. FAQ Spousal Privilege
1. Residence permit for spouses
As of March 1, 2024, the legislature has introduced a special regulation for the acquisition of a settlement permit that applies specifically to spouses of skilled workers . This regulation is anchored in Section 9 Paragraph 3a of the Residence Act (AufenthG) and affects skilled workers who have a settlement permit in accordance with Section 18c of the Residence Act or who receive it at the same time as their spouse.
The new regulation allows the spouse to obtain a settlement permit after just three years , provided that all the conditions for granting it are met. This makes the process of obtaining permanent residence much easier for family members of skilled workers.
2. Spouse privilege settlement permit
The spouse's privilege pursuant to Section 9 Paragraph 3 Sentence 1 of the Residence Act (AufenthG) grants spouses of persons with a settlement permit certain reliefs in securing their own residence. This preferential treatment concerns in particular the requirements for old-age provision and employment, but not the general obligation to secure a livelihood pursuant to Section 9 Paragraph 2 No. 2 of the Residence Act.
However, according to the general regulations of Section 2 Paragraph 3 Sentence 1 of the Residence Act, it is sufficient if the living expenses of both spouses are covered by the income or assets of one spouse. The privilege also applies if one spouse is the main earner and the other contributes to securing the joint living expenses with his or her income. This regulation also applies to same-sex civil partnerships.
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3. Requirements for spousal privilege
The settlement permit for spouses of a skilled worker with permanent residency rights in Germany is subject to several legal requirements, which are regulated in the Residence Act ( AufenthG ). The most important requirements are explained in detail below.
3.1. Spouse of a skilled worker with a settlement permit
The first basic requirement is that the applicant is the spouse of a skilled worker who holds a permanent residence permit. The spouse must:
have a qualification recognized in Germany (exception: EU Blue Card for IT specialists),
have obtained a residence permit as a skilled worker on this basis (e.g. through the EU Blue Card),
and have successfully converted this residence permit into a settlement permit.
Only after (or at the same time as) the settlement permit has been granted to the skilled worker can the spouse also apply for a settlement permit. It is also important that the marital partnership still exists at the time of the application. This means that both partners must continue to live in an active marital partnership (Section 9, Paragraph 3a, Sentence 1, No. 1 of the Residence Act).
3.2. Three years of residence in Germany
A further requirement is that the spouse has been living in Germany with a visa or residence permit for at least three years. This three-year period of residence must be fulfilled at the time of application.
3.3. Employment of at least 20 hours per week
In order to be granted a settlement permit to the spouses of skilled workers , the spouse must also be employed . The law stipulates a minimum of 20 hours of work per week. This requirement can be easily met if the applicant has a residence permit for the purpose of spouse reunification, as this generally allows the spouse to take up employment.
3.4. Proof of B1 language skills
Like other applicants, spouses of skilled workers with a permanent residence permit must have German language skills at level B1 . This is usually proven by an official language certificate issued by recognized testing centers such as the Goethe Institute or telc.
3.5. Adequate integration and secure livelihood
In addition, the law requires proof of proper integration. This includes:
Not having committed any crimes ,
Usually this involves taking part in an integration course and obtaining an integration course certificate or, if applicable, successfully completing the naturalization test.
Finally, the livelihood of the spouse and the entire household must be secured. This means that no state social benefits such as citizen's allowance (formerly Hartz IV) are claimed.
4. Application procedure for spousal privilege
If you meet the requirements for the granting of a settlement permit for spouses of skilled workers with a settlement permit, you must submit all the necessary documents to the responsible immigration authority . Below you will find an overview of the necessary documents and the application process.
As a rule, you will need at least the following documents :
Completed application form (if online application is not possible)
Your valid passport
Marriage certificate as proof of marriage
Passport of the professional (spouse)
Copy of the skilled worker's residence permit
Employment contract of the specialist (including current salary certificates and employer confirmation)
Your own employment contract (if applicable)
Proof of health insurance (public or private)
confirmation of residential address
rental agreement as proof of the living situation
Depending on the federal state and immigration authority, additional documents may be required. Please check the website of your responsible immigration authority in advance.
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5. FAQ
What is the difference between spousal privilege and spousal privilege for professionals?
The normal spouse privilege is regulated in Section 9 Paragraph 3 of the Residence Act and basically also requires the spouse to reside in Germany for five years (Section 9 Paragraph 3 of the Residence Act). The spouse privilege for skilled workers reduces this time to three years (Section 9 Paragraph 3a of the Residence Act).
Is there also a spousal privilege for spouses of Germans?
Yes! The law also only stipulates a required residence period of three years for spouses of Germans (Section 28 Paragraph 2 of the Residence Act).
Why does the law require the spouse to be employed in order to be granted a permanent residence permit?
According to the justification for the law, the regulation is intended to give spouses of skilled workers an incentive to also work in Germany. This is intended to promote integration, among other things.
Are assisting activities as a spouse sufficient to make use of the spousal privilege?
Yes, even assistant activities are sufficient to benefit from the spouse privilege for skilled workers.
Are self-employed activities also sufficient for the spouse's privilege?
Yes, self-employment is also sufficient for the spouse of a skilled worker with a settlement permit to apply for a settlement permit themselves.
