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Requirements Unlimited Residency
Information about the requirements for unlimited residency for skilled employees in Germany
... the requirements for applying for a settlement permit for skilled workers
... what the settlement permit for skilled workers is
... what advantages the settlement permit for skilled workers has
... when you can apply for a settlement permit for skilled workers
HERE YOU LEARN ...
1. What is a settlement permit/unlimited residency for skilled employees?
2. Which advantages does the permanent residency for skilled employees have?
3. Requirements permanent residency skilled employees
3.1 Required residence times permanent residency skilled employees
3.2 Pension insurance contributions
3.3 Language requirements skilled employees PR
3.4 LSustaining your livelihood skilled employees PR
3.5 Integrationcourse permarnent residency
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Permanent residence for skilled employees
The settlement permit for skilled workers or the settlement permit for holders of an EU Blue Card is a special permanent residence permit that is only available to those with a good education. Academic skilled workers and other EU Blue Card holders in particular benefit from the settlement permit for skilled workers. In this respect, German residence law privileges well-educated skilled workers and holders of an EU Blue Card, as the German labor market is not only dependent on the entry of foreigners due to the shortage of skilled workers, but also on them staying for a particularly long time and integrating well here. The simplified requirements for skilled workers mean that around 50,000 Blue Card holders apply for a settlement permit every year.
Advantages of the unlimited residency for skilled employees
In principle, the settlement permit is the best residence title for all foreigners, as it has numerous advantages over temporary residence permits. For skilled workers, the settlement permit has additional special advantages, as it allows any employment and a change of job without permission from the immigration authorities. In this respect, the EU Blue Card in particular requires an employment relationship with a German employer. This is problematic, for example, if you are working from Germany for a foreign employer (e.g. in a home office). The EU Blue Card does not allow this, but the settlement permit for skilled workers does.
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Another advantage of the settlement permit for skilled workers is that it allows not only employment, but also freelancing, self-employment and setting up a business. As a rule, skilled workers have to decide whether they want to work as an employee or self-employed. With the settlement permit, both and even a combination of both are possible (e.g. part-time employment and part-time self-employment at the same time). Many skilled workers greatly appreciate this flexibility.
Requirements permanent residency for skilled employees
In order to apply for a permanent residence permit, skilled workers must meet numerous requirements. For example, applying for a permanent residence permit is generally dependent on having paid into the pension insurance scheme for a certain period of time. The required period varies depending on your residence status. As a rule, you must have paid into the pension insurance scheme for at least 60 months when applying for a settlement permit. However, this period may be reduced for skilled workers (especially for holders of an EU Blue Card) if you have German language skills (see below).
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Overall, the following requirements apply when applying for a settlement permit for skilled workers in accordance with § 18c AufenthG:
1. residence of at least 21 months
2. payment into the pension insurance scheme
3. language skills (A1 or B1)
4. secure means of subsistence
5. basic knowledge of the legal and social order
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If all these requirements are met, you can apply for a settlement permit. The requirements are explained below.
1. Required residence times for settlement permit
To apply for a settlement permit in Germany, you must have resided in Germany for a certain period of time. The required periods are as follows:
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Holders of an EU Blue Card with B1 language skills: Application for a settlement permit for skilled workers possible after 21 months
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Holders of an EU Blue Card with A1 language skills: Application for a settlement permit for skilled workers possible after 27 months
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Other skilled workers who are not holders of an EU Blue Card: Application for a settlement permit for skilled workers possible after 36 months.
2. Pension insurance contributions for settlement permit
With regard to the necessary periods of residence, however, it should be noted that it is not only the period of residence in Germany that is decisive, but above all the period during which pension insurance contributions were paid. Proof of pension insurance contributions must be provided to the immigration authority when submitting the application. This is usually done by submitting the so-called pension insurance history. In this document, the pension insurance company confirms which contributions have already been paid. The pension insurance history can be applied for online on the German Pension Insurance homepage. All you have to do is enter your personal details, including your insurance number, in the online form. The pension insurance company will then send the pension insurance history by post. It is usually sent very quickly (usually within a week).
3. Language requirements (permanent residency skilled employees)
As the settlement permit in most cases also requires proof of German language skills, these language skills must be proven to the authorities. This is usually done by means of a language certificate from a recognized language institute (e.g. the GOETHE Institute). However, such a language certificate is not mandatory, but merely documentary evidence. Proof of language skills can also be provided in the form of an oral interview if the immigration authority wishes to arrange an interview appointment. This is certainly possible for skilled workers, as the immigration authorities (especially in Berlin) are quite willing to cooperate when it comes to applying for settlement permits for skilled workers.
4. Sustaining your livelihood
In order to apply for a settlement permit, it is also necessary to have a secure means of subsistence (Section 5 (1) No. 1 AufenthG). As a rule, proof of livelihood is provided by an unlimited employment contract that has not been terminated. However, this is not mandatory, as the means of subsistence can also be secured by other evidence (e.g. substantial assets). However, as the means of subsistence must always be secured for the duration of the residence permit and the residence is unlimited with the settlement permit, most immigration authorities require an employment contract.
5. Integration in Germany
According to the law, in order to apply for a settlement permit, the foreigner must still have a basic knowledge of the legal and social order and living conditions in Germany (Section 9 (2) sentence 1 no. 8 AufenthG). This is intended to prove that the foreigner has been integrated. As a rule, this is proven by the so-called integration course or by the "Living in Germany" test. Sufficient integration is also given if you have studied in Germany or completed an apprenticeship in Germany. Ultimately, integration can be proven in various ways. This applies in particular to foreigners who have studied, as the Integration Ordinance states that sufficient integration can be assumed if the foreigner has a university or university of applied sciences degree or equivalent qualification and the assumption is justified that the foreigner will integrate into the economic, social and cultural life of the Federal Republic of Germany without state assistance.
6. Other requirements permanent residency skilled employees
There are several other requirements for applying for a settlement permit for skilled workers and holders of an EU Blue Card, but these are generally easy to meet, which is why the individual requirements will not be discussed in detail here.
Specifically, the following additional requirements must be met in order to apply for a permanent residence permit for skilled workers (settlement permit):
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possession of a professional practice permit, if one is required (e.g. engineers, doctors, lawyers),
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fulfillment of the passport requirement,
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entry with the correct visa,
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no impairment of the security interests of the Federal Republic of Germany and no expulsion interests (in particular no criminal record).
There may be deviations in individual cases, particularly with regard to the documents required to apply for a settlement permit. In case of doubt, legal advice should be sought before applying for a permanent settlement permit for skilled workers.
