Securing livelihood Residence permit
All information on securing your livelihood when applying for a residence permit.
Here you learn ...
what livelihood security is and what it requires
how much money you need to secure your livelihood
how income and expenses for living expenses are calculated
what is meant by a “ sustainable ” secure livelihood
Table of Content
1. Securing livelihood as a prerequisite for granting
2. Money needed to secure livelihood
3. Calculating income
4. Sustainable livelihood
5. Conclusion Livelihood security
1. Securing livelihood as a prerequisite for granting
One prerequisite for obtaining a residence permit is that your livelihood is secure ( Section 5, Paragraph 1, No. 1 of the Residence Act ). Securing your livelihood refers to the ability to pay rent, all necessary insurance (especially health insurance), and general living expenses (e.g., food) without relying on public funds ( Section 2, Paragraph 3 of the Residence Act ). With a few exceptions, your livelihood must always be secure.
To be able to secure a livelihood, there must be a positive prognosis that the foreign national's livelihood will be secured in the long term without recourse to other public funds. This requires a comparison of the expected maintenance needs with the sustainably available resources. In this case, both the determination of available income and the maintenance needs for employable foreign nationals and persons living with them in a household in need are generally based on the standard rates of the Social Code (SGB II) . However, the decisive factor is not whether social benefits are actually received, but only whether there is an entitlement to them. The immigration authorities will therefore always calculate the need "fictitiously", regardless of whether social benefits are actually received (even if you forgo social benefits).
2. Money needed to secure livelihood
The amount of money needed to secure a living (apart from rent and insurance costs) is generally determined by the amount of money needed by the "community of need." If you live alone, then only you are considered part of the community of need. In this case, your living expenses amount to only the standard rate according to the German Social Code (SGB II) (€563 in 2024), plus rent and insurance.
In many cases, however, other people are included in the household. To determine the total needs, the expenses of the entire household must be added together. The household includes the following groups of people :
person living in a partnership (regardless of any marriage),
unmarried children under 25 years of age, as long as they are not economically independent,
Parents of unmarried children under 25 years of age,
Partner of the parents of unmarried children under 25 years of age.
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In these cases, the costs of securing a living must be calculated according to the German Social Code (SGB II). The amount of a foreigner's needs is based on the standard rates set out in Section 20 of the SGB II, Section 27a, and Section 28 of the SGB XII . These amounts are as follows in 2024:
Needs of single people (livelihood security): 563.00 euros
Spouse’s needs (livelihood): 1,012.00 euros
Needs for persons up to and including 5 years (subsistence): 357.00 Euro
Needs for persons 6 to 13 years (subsistence): 390.00 Euro
Needs for persons aged 14 to 17 years (subsistence): 471.00 Euro
Needs of adults in a community of need (subsistence security): 451.00 euros
3. Calculating income
Once the need has been determined, it must be checked whether the household in need has sufficient income to cover it. This income usually comes from employment contracts , but other sources of income are also conceivable (e.g. rental income or capital income). If income fluctuates (e.g. for the self-employed ), the average income for the last 6 months must be calculated. Calculating the exact cost of living can be very laborious (particularly in complicated cases). If in doubt, consult a lawyer specializing in immigration law , as immigration authorities often disregard many circumstances that are favorable to the foreigner.
According to the case law of the Federal Administrative Court, a prognosis must be made regarding the security of livelihood. The decisive factor here is whether the residence permit will be secured permanently (Federal Administrative Court, November 29, 2012, 10 C 4.12). In particular, career opportunities must be taken into account in light of the foreigner's (possibly particularly good) education. According to case law, the time horizon to be used is one year (ECJ, Mimoun Khachab, judgment of April 21, 2016, C-558/14).
4. Sustainable livelihood
In some cases (e.g., when applying for a permanent residence permit), not only a secure livelihood but also a "sustainable" livelihood is required. For employees, this means that they must have completed the probationary period and, if possible, present a permanent employment contract . The immigration authorities are sometimes very strict in this regard, even if these strict requirements are not stated in the law. If you have problems with the immigration authorities due to a fixed-term contract, one of our VISAGUARD attorneys will be happy to assist you.
Summary of this Page
Securing a livelihood is a key prerequisite for the granting of a residence permit under the Residence Act (Section 5 (1) No. 1 of the Residence Act). The decisive factor is that the foreigner can cover his or her living expenses, including rent, insurance, and basic needs (e.g., food), permanently and without recourse to public funds (Section 2 (3) of the Residence Act). The calculation is fictitiously based on the rates of the Social Code (SGB II) – even if no benefits are received. A period of one year is used to determine whether a person's livelihood will be secure in the future (ECJ, C-558/14). For special residence permits, such as a settlement permit, stricter requirements must be met – these require a sustainably secured livelihood, e.g., through a permanent employment contract. If unsure, we recommend consulting a lawyer specializing in immigration law.
