How to apply for a German settlement permit as a skilled worker

29 February 2024

Are you already working and living in Germany on a temporary residence permit and would like to stay permanently?

A German settlement permit opens many doors, allowing the holder to live in Germany without any restrictions.

What is a German settlement permit (Niederlassungserlaubnis)?

A settlement permit allows individuals to remain in Germany for an indefinite period of time. With a settlement permit, you can:

  • work for any employer without permission from the authorities
  • become self-employed
  • later explore the option to apply for German Citizenship
  • bring dependants through a more simplified family reunification process
  • enter and leave Germany whenever you want
  • skip the process of attending an appointment at the foreign office.

There are specific requirements that must be satisfied to successfully obtain settlement in Germany.

Settlement permit for skilled professionals

If you hold a permit based on your employment, you may be considered a “skilled worker”. According to the Residence Act (AufenthG), skilled workers are:

  • Persons who have successfully completed qualified vocational education and training in Germany or who hold a foreign vocational qualification that is equivalent to one acquired in Germany (Section 18a of the Residence Act [AufenthG] in conjunction with Section 18 (3) No. 1 of the Residence Act [AufenthG])
  • Persons with a German university degree, a recognised foreign university degree or a foreign university degree comparable to a German degree (Section 18b of the Residence Act [AufenthG] in conjunction with Section 18 (3) No. 2 of the Residence Act [AufenthG])
  • EU Blue Cardholders (Section 18g of the Residence Act [AufenthG])
  • International researchers in accordance with Directive (EU) 2016/801(Section 18d of the Residence Act [AufenthG])

What are the requirements?

To apply for a settlement permit as a skilled worker, you must:

  • Have held a residence title under Sections 18a, 18b, 18d or 18g of the Residence Act (AufenthG) for three years.
  • Be able to cover your living costs without assistance from the state.
  • Have paid compulsory or voluntary contributions to the statutory pension insurance scheme for at least 36 months.
  • Have a job that your residence permit allows you to do.
  • Be able to demonstrate German language skills at level B1 of the Common European Framework of Reference for Languages (CEFR).
  • Have a basic knowledge of the legal and social system and way of life in Germany. This is usually proven by the “Living in Germany” test.
  • Have sufficient living space for yourself and any family members living with you.

Requirements for EU Blue Card holders

In some cases, a settlement permit can be issued under facilitated conditions. This is the case if you hold an EU Blue Card.

The following requirements apply to EU Blue Card holders:

  • You must have been in qualified employment for at least 27 months and have paid into the statutory pension insurance scheme.
  • You must be able to demonstrate German language skills at level A1 of the Common European Framework of Reference for Languages (CEFR). If you can demonstrate knowledge of German at level B1 CEFR, the period is reduced from 27 to 21 months.
  • You must have a basic knowledge of the legal and social system and way of life in Germany. This is usually proven by the “Living in Germany” test.
  • You must be able to demonstrate that you have sufficient living space.
  • You must be able to demonstrate that you can support yourself financially in Germany.

Application process

Once the application is prepared, an appointment will need to be scheduled at the local Foreign Office. Appointments are subject to availability.

In most cases the documents would be submitted to the Authorities before the appointment, or in some Foreign Offices you may be required to bring the originals to the appointment.

The processing times can vary, the application can be processed within 8 weeks to 6 months, depending on the Foreign Office.

The fees for obtaining a settlement permit is between €110.00 to €150.00 per person.

Conditions of a Settlement permit

Once you have obtained your German settlement permit, there are several conditions that you should be aware of:

  • You can automatically lose settlement if you leave Germany for more than 6 months at a time.
  • If you are required to spend more than 6 months overseas, permission from the Foreign Office is needed to keep your settlement permit.
  • Your settlement permit can also be revoked.
  • If any of your personal details change (such as your name or a new passport), you will need to update your settlement permit.

Support with German immigration

Our experienced immigration advisors at Smith Stone Walters can help assess your eligibility for a German settlement permit and prepare the application for submission.

Our Frankfurt based team can advise on all aspects of obtaining German residency and settlement. To speak to an advisor, please contact us today.

 

Disclaimer: In accordance with the German law governing legal advice and services (RDG, section 2 subsection 1) our services do not include any legal advice.

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