Settlement permit for recognised persons entitled to asylum and refugees
Source: BUS Rheinland-PfalzAs a recognised person entitled to asylum, refugee under the Geneva Refugee Convention or resettlement refugee, you can obtain a permanent residence permit (so-called settlement permit) after three or five years under simplified conditions.
If you have not yet reached the age of 18, please first inform yourself about the benefit "Settlement permit for minor children", which is granted on the basis of § 35 of the Residence Act (see notes).
- The settlement permit must be applied for before the validity of your current residence permit expires.
- Find out whether your immigration office makes it possible to apply online or provides a special application form.
- If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of online applications, the Foreigners' Registration Office will contact you after receipt of your application to make an appointment.
- During the appointment, your identity and your documents will be checked (please bring your documents, if possible in the original, to the appointment).
- If your application is granted, your fingerprints will be taken in the form of a new electronic residence permit (eAT card) for the purpose of obtaining the settlement permit.
- The Foreigners' Registration Office commissions Bundesdruckerei to produce the eAT card. After completion, you will receive information and can pick up the eAT card at the responsible office. The eAT card must always be collected in person.
- If your application is rejected, you will receive a rejection notice.
- You are in possession of a valid residence permit as:
- recognised person entitled to asylum (§ 25 paragraph 1 of the Residence Act),
- recognised refugee under the Geneva Convention on Refugees (§ 25 paragraph 2 sentence 1, 1st alternative of the Residence Act) or
- Resettlement refugee (§ 23 paragraph 4 of the Residence Act).
- You have been in possession of the residence permit for at least five years (periods of asylum procedure are taken into account).
- The reasons for your recognition as a person entitled to asylum or a refugee still exist.
Please note: Three years after recognition, the BAMF examines whether the reasons for recognition could have been omitted. In the case of asylum decisions from 2015, 2016 or 2017, the BAMF must have explicitly informed you that the conditions for revocation or withdrawal are not met so that you can assume that your residence status will continue to exist. - If you would like to obtain a settlement permit after three years :
- You have a command of the German language (level C1),
- As a rule, you and your spouse or partner can provide more than 75% of the living expenses for yourself and your family members without using public benefits.
- If you would like to obtain a settlement permit after five years :
- You have sufficient knowledge of German (level A2),
- As a rule, you and your spouse or partner can provide more than 50% of the living expenses for yourself and your family members without using public benefits.
Please note: This requirement is waived when you reach retirement age.
- You have a permanent employment permit.
Please note: In a marriage or registered civil partnership, it is sufficient if the partner has the employment permit. - If you work in a regulated profession, you must be in possession of the required professional license (for example, license to practice medicine or professional license).
Please note: In a marriage or registered civil partnership, it is sufficient if the partner has permission. - You have a basic knowledge of the German legal and social order.
Please note: Orientation courses offered by the BAMF impart this knowledge. - You have sufficient living space for yourself and your family members.
- You have sufficient health insurance.
- They have no criminal record.
- There is no interest in expulsion against you.
- Recognized and valid identity document (e.g. passport or passport replacement)
- Current biometric photo in passport format (45 x 35 mm)
- Proof of livelihood (e.g. proof of income, employment contract, pension notice, proof of receipt of benefits such as parents or child benefit, maintenance payments).
Please note: Proof of livelihood security can also be provided by third parties (e.g. spouses, registered life partners, parents).
After a period of residence of five years, proof of livelihood security can be waived if the retirement age has been reached or if there is an illness or disability that prevents an independent livelihood. This must be proven in an appropriate form (for example, by a pension notice, a specialist opinion, proof of home accommodation). - Proof of health insurance coverage (for example, confirmation of health insurance coverage or insurance policy)
- Proof of knowledge of the German language at level A2 (for five years of residence) or C1 (for three years of residence) of the Common European Framework of Reference for Languages (e.g. language certificate, German school, training or university certificates)
Please note: After a stay of five years, proof of successful participation in the integration course can be presented as proof.
Proof of language proficiency can be dispensed with if there is an illness or disability that prevents the language from learning. This must be proven in an appropriate form (for example, by means of a specialist opinion, proof of home accommodation or other reasons that make learning the language impossible or unreasonable in the long term). - Proof of basic knowledge of the law and social order in Germany (e.g. certificate or certificate of successful participation in the integration course)
Please note: After a period of residence of five years, this proof can be waived if there is an illness or disability that prevents the acquisition of knowledge. This must be proven in an appropriate form (for example, by means of a specialist opinion, proof of home accommodation or other reasons that make it impossible or unreasonable to acquire the knowledge in the long term). - Proof of sufficient living space (rental or purchase contract, which provides information about the living space)
- Professional license (e.g. approbation, professional license) if practicing a regulated profession (in a marriage or registered civil partnership, proof can also be provided by the partner).
- If there is an obligation to participate in the integration course: Certificate of successful participation in the integration course
The documents and information must always be presented in German. In individual cases, the Foreigners' Registration Office may require less or more evidence.
6 to 8 weeks
Remark (for more information on the deadline):
At the latest 6 to 8 weeks before the expiry of the current residence permit, the application should be received by the Foreigners' Registration Office.
Remark (for more information on the deadline):
The settlement permit is issued indefinitely. Only the electronic residence permit (eAT card) is issued for a limited period of time and must be renewed after the end of validity.
Duration: approx. 6 to 8 weeks
Note for further information on the processing time:
The processing time may vary depending on the workload of the Foreigners' Registration Office.
The production of the electronic residence permit by Bundesdruckerei takes about 4 to 6 weeks.
- Appeal against the decision of the Foreigners' Registration Office
- Action before the court referred to in the notice of opposition if the opposition is not complied with
Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance required: Yes
- Minors and young adults who have obtained a residence permit as an asylum seeker or recognised refugee before the age of 18 should inform themselves about the "Settlement permit issued for minor children" benefit. This settlement permit is issued on another legal basis under simplified conditions from the age of 16 (§ 35 of the Residence Act).
- The procedure is usually carried out in German.
- A settlement permit can expire in the case of a stay of more than six months outside Germany if this stay abroad has not been previously coordinated with the Foreigners' Registration Office.
- Persons who hold a residence permit for other humanitarian reasons can also obtain a settlement permit after five years. However, the prerequisites for this are different.
- Be sure to make your statements correct and complete to the best of your knowledge and belief. This is the only way the Foreigners' Registration Office can process your request without major delays.
- Incorrect or incomplete information can slow down the procedure and be detrimental to you. In an emergency, incorrect or incomplete information that is not completed or corrected in good time to the Foreigners' Registration Office may result in the withdrawal of already granted residence rights, a fine, a prison sentence of up to three years or expulsion from federal territory.
24.06.0022
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