Settlement permit for persons entitled to asylum and refugees

Description

A settlement permit is a residence permit of indefinite duration which allows you to live and work in Germany without any restrictions on time or location.

You can apply for a settlement permit if you

• have been recognised by the Federal Office for Migration and Refugees (BAMF) as a person entitled to asylum or as a refugee under the Geneva Convention on Refugees and have reached the age of 16, or
• have been admitted to Germany as a resettlement refugee and have reached the age of 16, and
• have held a relevant residence permit for 5 years. If you are well integrated economically and linguistically, you may apply for a settlement permit after just 3 years of holding a relevant residence permit.

The Federal Office for Migration and Refugees (BAMF) checks whether the grounds for recognition as a person entitled to asylum or as a refugee still apply. A settlement permit can only be granted if the grounds for recognition continue to apply.

Application for a residence permit

You can submit your application and the required documents online:

• Please upload your documents as PDF files where possible.
• Once you have submitted your application, a confirmation will be displayed. You can save this as a PDF file for your records.
• This confirmation states that your current residence in Germany remains valid beyond the previous expiry date and that you may continue to work to the same extent as before (legal fiction).
• You can present this confirmation as proof to the authorities or at your place of work.
• Once your application has been assessed, you will be given an appointment.

Requirements

• You are registered in Munich.
• You have a valid and recognised passport or passport substitute (travel document for refugees).
• You have been living legally in Germany for at least 3 years with a residence permit. If you have lived in Germany for 5 years, simplified requirements apply. The periods of asylum proceedings are counted towards the required period of residence.
• You have
  • a residence permit in accordance with § 25 Para. 1 AufenthG (recognition as a person entitled to asylum) or
  • a residence permit in accordance with § 25 Para. 2 Sentence 1, 1st alternative (recognition as a refugee) or
  • a residence permit in accordance with § 23 Para. 4 AufenthG (resettlement refugee).
    
    Your residence permit is still valid and the grounds for recognition as a person entitled to asylum or refugee status still apply.

• Your livelihood is secured. If you have been in receipt of social benefits and have held a residence permit for 3 years, you must have secured your livelihood for the most part (more than 75 per cent) and if you have held a residence permit for 5 years, you must have secured your livelihood for the most part (more than 50 per cent) from your own resources.
• You have adequate health insurance.
• You have a command of the German language (level C1) or have sufficient knowledge of German (level A2) if you have been a resident for 5 years.
• You have a basic knowledge of the legal and social system in Germany.
• You have sufficient living space for yourself and your family members. This does not include accommodation to avoid homelessness.
• You have no criminal record.

Required documents

• A fully completed application for a settlement permit
• A valid and recognised passport or passport substitute (travel document for refugees)
• A recent biometric passport photograph, submitted digitally by a certified photography studio or chemist’s. Alternatively, you may use one of the photo kiosks at the Immigration and Naturalisation Service Centre for a fee.

Evidence of sufficient means of support

• If you are married or in a registered civil partnership, the evidence of means of support and pension provision may also be provided by your partner.

For employees

• Payslips (earnings statements for the last three months)
• Confirmation of employment
• Declaration regarding means of support
• Employment contract / apprenticeship contract

For the self-employed/freelancers

• Proof of profit after tax (latest income tax assessment) and
  • For the self-employed: current profit and loss account from the tax adviser or current business accounts,
  • For freelancers: current profit and loss account from a tax adviser, fee agreement, invoices for commissioned work and bank statements relating to these invoices
• Proof of health insurance (your statutory health insurance card or the insurance policy for private health insurance)
• Business registration (if required under trade law)
• Declaration regarding means of support

Proof of benefits such as parental allowance, child benefit, child supplement, childcare allowance and maintenance may also be attached.

Proof of adequate accommodation and monthly costs:

• Declaration regarding the household
• For rented accommodation: tenancy agreement stating the size of the flat in square metres and bank statements showing the rent amount, or a certificate of accommodation
• For owner-occupied flats: purchase contract stating the size of the flat in square metres and, where applicable, proof of mortgage repayments and of the monthly housing allowance/service charge.

Proof of German language proficiency and basic knowledge of the legal and social system in Germany:

• Language certificate at level C1 (3-year residence permit) or level A2 (5-year residence permit) of the Common European Framework of Reference for Languages (CEFR) and a certificate confirming successful completion of the ‘Leben in Deutschland’ test; or
• A German school, vocational training or higher education qualification, provided you completed it in the German language.

Note

• The documents submitted (such as proof of identity and language certificates) will be checked for authenticity. We will consistently report any forgeries to the police.
• If we require any further documents, we will write to you.

Legal basis

§ Section 26 (3) Residence Act, Section 9 (2) Residence Act