Here you learn ...
... the difference between European and German residence permits
... what advantages the European settlement permit has
... requirements for the European settlement permit
... need documents for the European settlement permit
Written by:
lawyer
Publication date:
July 3, 2024
Reading time
8 minutes
Table of Content
1. What is the European Settlement Permit?
2. What are the advantages of the European settlement permit?
3. What are the requirements for the European settlement permit?
4. What documents do I need to apply for a European settlement permit?
5. How can I apply for the European Settlement Permit?
6. FAQ on the European Settlement Permit
1. What is the European Settlement Permit?
The European settlement permit or EU long-term residence permit pursuant to Section 9a of the Residence Act is a permanent right of residence similar to the settlement permit. Contrary to a widespread misconception, the European settlement permit is not valid throughout Europe . The name “EU long-term residence permit” simply comes from the fact that the legal basis is European law (Permanent Residence Directive (EU Directive 2003/109/EC)). Therefore, the European settlement permit can be applied for in any country in the European Union. However, it is only valid in the country in which it is issued (see, however, the recognition regulations for the EU long-term residence permit ( Section 38a of the Residence Act ).
The EU permanent residence permit should not be confused with the EU permanent residence permit, which is granted to family members of EU citizens.
2. What are the advantages of the European settlement permit?
In direct comparison with the national settlement permit or permanent residence permit, the EU long-term residence permit has numerous advantages. The advantages arise directly from European law , which is why national laws (which could lead to the EU long-term residence permit being revoked) are not applicable.
When comparing the German settlement permit and the European settlement permit, the following advantages of the European settlement permit emerge:
the European settlement permit only requires 5 years of residence in Germany, but not the payment of 60 months of pension insurance contributions,
the European settlement permit expires only under very specific conditions (in particular, the foreigner is allowed to stay abroad for a long time),
simplified residence of family members of holders of a European settlement permit,
The European settlement permit can be easily recognised in other European countries and thus enables mobility throughout Europe (Section 38a of the Residence Act).
In particular, the possibility of staying abroad for a very long time (up to 12 months) without the European settlement permit expiring ( Section 51 Paragraph 9 of the Residence Act ) is very attractive for many people. The European settlement permit therefore even makes it possible to live in another country. In contrast, the German settlement permit would expire in these cases.
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3. What are the requirements for the European settlement permit?
The European settlement permit can be applied for in accordance with Sections 9a, b, c of the Residence Act under the following conditions:
You have been living in Germany for 5 years (with a residence permit),
You are not only staying in Germany temporarily (especially not just for study purposes),
You have an employment contract (preferably permanent) and pay taxes in Germany,
You have health insurance in Germany,
You have a rental apartment or a house in Germany,
You have B1 language skills (in individual cases A1 language skills may also be sufficient),
You have basic knowledge of the Federal Republic of Germany,
They have not applied for humanitarian protection in the European Union.
In specific cases, further requirements may apply, although these are very specific to each individual case. If in doubt, a lawyer specializing in immigration law can advise you on this.
4. What documents do I need to apply for a permanent residence permit - EU?
To apply for a European settlement permit, you must submit numerous documents. The documents vary depending on the immigration authority and the clerk . You can usually find the required documents on the website of the relevant immigration authority (see, for example, Applying for a European settlement permit in Berlin ).
In principle, the following documents are required to apply for a European settlement permit:
Application form,
registration certificate,
valid passport,
biometric passport photo,
employment contract
employer's certificate
salary slips for the last 6 months
pension insurance history
rental agreement
proof of payment of rental costs
health insurance certificate
language certificate
In individual cases, additional documents may be required. For example, if you are self-employed, you must submit your income tax assessment instead of your employment contract. If in doubt, you can contact your immigration authorities or a lawyer about the required documents.
5th How can I apply for a European settlement permit?
The EU long-term residence permit can be applied for in a similar way to a settlement permit. The process generally goes through the responsible immigration authority. First, you should collect all the necessary documents and submit them to the authority . However, it is important to note that the requirements for the EU long-term residence permit differ in some respects from the settlement permit. These differences should be examined carefully and the corresponding evidence provided.
If you are unsure, especially about whether all the requirements have been met, it may be a good idea to consult a lawyer specializing in immigration law . They can advise you, put together the right documents and ensure that the application is successful.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
6. FAQ (EU long-term residence permit)
Can I have the European settlement permit from another country recognized in Germany and thus stay in Germany?
Yes, with the European settlement permit you can apply for a German residence permit if you want to stay in Germany for longer than 90 days.
Can I apply for naturalization in Germany with the European settlement permit?
Yes, with the European settlement permit you can apply for naturalization in Germany if you meet the relevant requirements.
How much does the EU permanent residence permit cost?
A fee of 109.00 euros is charged for the granting of a permanent residence permit - EU.
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Further Information about this topic
Permanent Residence Directive (Directive 2003/109/EC) at Wikipedia
Literature: NK-AuslR/Müller, 3rd edition 2023, Residence Act § 9a
