Residence period settlement permit
All information on the necessary periods of residence in Germany for the granting of a settlement permit.
Here you learn ...
Periods of residence required for a settlement permit
everything about calculating the length of stay
which periods of stay are not counted
Crediting rules for the EU permanent residence permit
Table of Content
1. Residence period settlement permit
2. Crediting of periods of residence
2.1 Study and training settlement permit
2.2 Credit for stays abroad
2.3 Crediting of visa periods
3. Crediting rules for EU permanent residence permit
4. Settlement permit without residence permit
4.1 Settlement permit with fictitious effect
4.2 Period of residence for humanitarian stays
5. Conclusion Residence periods for settlement permit
1. Residence period settlement permit
Anyone who wants to live and work permanently in Germany will sooner or later seek a settlement permit. But when exactly do you meet the requirements? A key point is the correct calculation of the length of stay . This depends not only on the duration, but also on the type of residence permit. Generally, the following criteria apply to the length of stay when applying for a settlement permit:
Normal settlement permit (Section 9 of the Residence Act): 5 years
EU permanent residence permit (Section 9a of the Residence Act): 5 years
EU Blue Card settlement permit with A1 (Section 18c (2) Residence Act): 27 months
EU Blue Card settlement permit with B1 (Section 18c (2) Residence Act): 21 months
Settlement permit for other skilled workers (Section 18c Paragraph 1 Residence Act): 36 months
Settlement permit for self-employed persons (Section 21 (4) Residence Act): 36 months
Settlement permit for spouses of Germans (Section 28 (2) Residence Act): 36 months
Settlement permit for spouses of skilled workers (Section 9 (3a) Residence Act): 36 months
Settlement permit in humanitarian cases (e.g. Section 26 (3) Residence Act): 5 years
When you can apply for a settlement permit depends primarily on which residence permit you currently hold .
2. Crediting of periods of residence
When calculating residence periods for the purpose of obtaining a settlement permit, the recognition of residence periods plays an important role. In particular, the recognition of study periods and stays abroad are relevant.
2.1 Study and training settlement permit
For foreign students in Germany, the crediting of study periods toward the five-year period for obtaining a settlement permit has been significantly restricted. According to Section 9, Paragraph 4, No. 3 of the Residence Act, periods of legal residence for the purpose of studying or vocational training are now only counted at half the rate . The term "study" refers exclusively to residence permits under Section 16b, Paragraphs 1, 5, and 7 of the Residence Act. Therefore, if you are studying with a different residence permit (e.g., to seek employment or for family reunification ), the time will be fully credited.
2.2 Credit for stays abroad
The Residence Act generally assumes that periods of residence for the settlement permit are accumulated during a stay in Germany . However, according to Section 9 Paragraph 4 No. 2 of the Residence Act, stays abroad of up to six months can be credited towards the required periods for a settlement permit, provided the settlement permit has not expired as a result of the stay abroad. If the settlement permit has expired as a result of the stay abroad, stays of up to a total of four years can be credited (at the discretion of the foreigner ) if the foreigner was in possession of a settlement permit at the time of their departure.
2.3 Crediting of visa periods
According to the law, not only periods with a residence permit but also visa periods count towards the settlement permit . The duration of legal residence with a national visa is therefore generally credited towards the periods of possession of a residence permit, EU Blue Card, settlement permit, or EU long-term residence permit ( Section 6 (3) of the Residence Act ). However, according to the wording of the law, this does not apply to stays with a Schengen visa.
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3. Crediting rules for EU permanent residence permit
The EU permanent residence permit has its own rules regarding the required length of stay ( Section 9b of the Residence Act ). The EU permanent residence permit generally requires five years of continuous residence. Initially, the same restrictions regarding study periods apply as for the settlement permit. However, the EU permanent residence permit is generally more generous in its recognition of periods of residence. Therefore, the following periods of residence, among others, are credited towards the EU permanent residence permit:
Periods of residence as a person entitled to freedom of movement
Periods of residence with an EU Blue Card from another Member State
Periods of residence with a residence permit for employment or research purposes from another EU country under certain conditions
The rules for crediting periods of residence for a permanent EU residence permit are sometimes very complex and detailed , so they cannot be comprehensively presented here. If you have any questions about crediting periods of residence for a permanent EU residence permit according to Sections 9a and 9b of the Residence Act , one of our lawyers specializing in residence law will be happy to advise you.
4. Settlement permit without residence permit
4.1 Settlement permit with fictitious effect
Anyone wishing to apply for permanent residence in Germany must generally have held a residence permit for at least five years. However, what many people don't know is that certain periods of residence with a fictitious certificate or legal residence are also considered eligible under certain conditions. The prerequisite is that the residence permit could theoretically be extended. This means that anyone applying for a settlement permit with a fictitious certificate can only receive it if an extension of the residence permit would also have been possible at the same time (see Federal Administrative Court, judgment of March 30, 2010 – 1 C 6.09).
4.2 Period of residence for humanitarian stays
Another problem when calculating the period of residence for a settlement permit is the possession of a humanitarian residence permit . According to the administrative instructions, it is generally not possible to directly invoke Section 9 of the Residence Act in the case of a humanitarian stay. The special provisions of Section 26 (3) and Section 26 (4) of the Residence Act preclude direct application of Section 9 ( lex specialis principle ). A settlement permit under Section 9 of the Residence Act is therefore only possible if the purpose of the residence permit changes – for example, to employment or family reasons. In such a case, the previous periods of humanitarian residence can be credited towards the required five-year period.
Summary of this Page
The length of stay is a key criterion for the granting of a settlement permit in Germany. Decisive factors include not only the length of stay, but also the type of residence permit and the specific rules for crediting. While many residence permits require a minimum period of five years, there are shorter periods for certain groups, such as holders of the EU Blue Card or skilled workers. Particular attention should be paid to the rules regarding crediting: study periods are only partially taken into account, stays abroad can be credited under certain conditions, and visa periods can also be relevant – provided they are national visas. Those residing in Germany with a fictitious certificate or on humanitarian grounds should also be familiar with the specific legal regulations, as these can significantly influence the calculation of the length of stay. Given the many exceptions and detailed regulations, it is advisable to seek legal advice early on in order to correctly record possible credited periods and to specifically meet the requirements for a settlement permit or permanent residence in the EU.
