responsibility finder
Schleswig-Holstein

Applying for a settlement permit for recognized persons entitled to asylum and refugees

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

As a recognized person entitled to asylum, a refugee under the Geneva Refugee Convention or a resettlement refugee, you can obtain a permanent residence permit (so-called settlement permit) under simplified conditions after three or five years.

If you have not yet reached the age of 18, please first find out about the "Settlement permit for underage children" service, which is issued on the basis of Section 35 of the Residence Act (see notes).


Process flow
  • You must apply for a settlement permit before the validity of your current residence permit expires.
  • Find out whether your foreigners authority allows you to apply online or has a special application form.
  • If you can only apply in person, make an appointment at the immigration office. If you apply online, the immigration office will contact you after receiving your application to arrange an appointment.
  • During the appointment, your identity and documents will be checked (please bring your documents to the appointment, in the original if possible).
  • If your application is approved, your fingerprints will be taken to produce a new electronic residence permit (eAT card).
  • The Foreigners' Registration Office will commission the Bundesdruckerei to produce the eAT card. After completion, you will receive information and can collect the eAT card from the responsible office. The eAT card must always be collected in person.
  • If your application is rejected, you will receive a notice of rejection.
Requirements
  • You are in possession of a valid residence permit as:
    • a recognized person entitled to asylum (Section 25 (1) of the Residence Act),
    • recognized refugee according to the Geneva Refugee Convention (§ 25 paragraph 2 sentence 1, 1st alternative of the Residence Act) or
    • Resettlement refugee (Section 23 (4) of the Residence Act).
  • You have been in possession of a residence permit for at least five years (periods of asylum proceedings are taken into account).
  • The reasons for your recognition as a person entitled to asylum or refugee still apply.
    Please note: Three years after recognition, the BAMF will check whether the reasons for recognition may no longer apply. 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 wish to obtain a settlement permit after three years:
    • You have a command of the German language (level C1),
    • You and your spouse or partner can generally support yourselves and your household members by more than 75% without claiming public benefits.
  • If you would like to obtain a settlement permit after five years:
    • You have sufficient knowledge of German (level A2),
    • You and your spouse or partner can generally support yourselves and the members of your household by more than 50% without claiming public benefits.
      Please note: This requirement is waived if you have reached retirement age.
  • You have a permanent work permit.
    Please note In a marriage or registered civil partnership, it is sufficient if the partner holds the employment permit.
  • If you work in a regulated profession, you must be in possession of the required professional license (e.g. approbation or professional permit).
    Please note: In a marriage or registered civil partnership, it is sufficient if the partner has the permit.
  • You have a basic knowledge of the German legal and social system.
    Please note: Orientation courses offered by the BAMF provide this knowledge.
  • You have sufficient living space for yourself and your household members.
  • You have sufficient health insurance.
  • You have no criminal record.
  • There is no interest in deporting you.
Which documents are required?
  • Recognized and valid identity document (e.g. passport or passport substitute)
  • Current biometric photo in passport format (45 x 35 mm)
  • Proof of means of subsistence (e.g. proof of income, employment contract, pension certificate, proof of receipt of benefits such as parental or child benefit, maintenance payments).
    Please note: Proof of means of subsistence can also be provided by third parties (e.g. spouse, registered partner, parents).
    After a period of residence of five years, proof of means of subsistence may be waived if retirement age has been reached or if there is an illness or disability that prevents independent means of subsistence. This must be proven in a suitable form (e.g. by means of a pension certificate, a specialist medical opinion, proof of residential care).
  • Proof of health insurance cover (e.g. confirmation of health insurance cover or insurance policy)
  • Proof of knowledge of the German language at level A2 (for a five-year residence period) or C1 (for a three-year residence period) of the Common European Framework of Reference for Languages (e.g. language certificate, German school, training or university certificates)
    Please note: After a residence period of five years, proof of successful participation in an integration course can be submitted.
    Proof of language skills may be waived if you have an illness or disability that prevents you from learning the language. This must be proven in a suitable form (e.g. by means of a specialist medical opinion, proof of institutionalization or other reasons that make learning the language impossible or unreasonable in the long term).
  • Proof of basic knowledge of the legal and social order in Germany (e.g. certificate or certificate of successful participation in an 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 you from acquiring this knowledge. This must be proven in a suitable form (e.g. by means of a specialist medical statement, proof of residential care 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 that provides information about the living space)
  • Professional license (e.g. license to practice medicine, professional permit) if practicing a regulated profession (in a marriage or registered civil partnership, proof can also be provided by the partner).
  • If you are obliged to attend an integration course: Certificate of successful participation in the integration course

The documents and information must always be submitted in German. In individual cases, the immigration authority may require less or further proof.

What are the fees?
What deadlines do I have to pay attention to?

6 to 8 weeks

Note (for further information on the deadline):

The application should be received by the Foreigners' Registration Office at least 6 to 8 weeks before the current residence permit expires.

Note (for further information on the deadline):

The settlement permit is issued for an unlimited period. Only the electronic residence permit (eAT card) is issued for a limited period and must be renewed at the end of its validity.

Processing duration

Duration: approx. 6 to 8 weeks

Note for further information on the processing time:

The processing time may vary depending on the workload at the immigration office.

The production of the electronic residence permit by the Bundesdruckerei takes about 4 to 6 weeks.

Legal basis
Appeal
  • Appeal against the decision of the immigration authority
  • Legal action before the court named in the notice of objection if the objection is not upheld
Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: Yes

What else should I know?
  • Minors and young adults who have received a residence permit as a person entitled to asylum or recognized refugee before the age of 18, please inform yourself about the service "Settlement permit issue for underage children". This settlement permit is issued on a different 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 if you stay outside Germany for more than six months if this stay abroad has not been previously agreed with the immigration authority.
  • People who have a residence permit for other humanitarian reasons can also receive a settlement permit after five years. However, the requirements for this are different.
  • Make sure that you provide correct and complete information to the best of your knowledge and belief. This is the only way the immigration authority can process your application without major delays.
  • Incorrect or incomplete information can slow down the procedure and be disadvantageous for you. In serious cases, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
Author

The text was automatically translated based on the German content.

Technically approved by

Ministry of the Interior and Municipal Affairs of the State of Brandenburg

Professionally released on

24.06.2022

Process flow

  • You must apply for a settlement permit before the validity of your current residence permit expires.
  • Find out whether your foreigners authority allows you to apply online or has a special application form.
  • If you can only apply in person, make an appointment at the immigration office. If you apply online, the immigration office will contact you after receiving your application to arrange an appointment.
  • During the appointment, your identity and documents will be checked (please bring your documents to the appointment, in the original if possible).
  • If your application is approved, your fingerprints will be taken to produce a new electronic residence permit (eAT card).
  • The Foreigners' Registration Office will commission the Bundesdruckerei to produce the eAT card. After completion, you will receive information and can collect the eAT card from the responsible office. The eAT card must always be collected in person.
  • If your application is rejected, you will receive a notice of rejection.

Requirements

  • You are in possession of a valid residence permit as:
    • a recognized person entitled to asylum (Section 25 (1) of the Residence Act),
    • recognized refugee according to the Geneva Refugee Convention (§ 25 paragraph 2 sentence 1, 1st alternative of the Residence Act) or
    • Resettlement refugee (Section 23 (4) of the Residence Act).
  • You have been in possession of a residence permit for at least five years (periods of asylum proceedings are taken into account).
  • The reasons for your recognition as a person entitled to asylum or refugee still apply.
    Please note: Three years after recognition, the BAMF will check whether the reasons for recognition may no longer apply. 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 wish to obtain a settlement permit after three years:
    • You have a command of the German language (level C1),
    • You and your spouse or partner can generally support yourselves and your household members by more than 75% without claiming public benefits.
  • If you would like to obtain a settlement permit after five years:
    • You have sufficient knowledge of German (level A2),
    • You and your spouse or partner can generally support yourselves and the members of your household by more than 50% without claiming public benefits.
      Please note: This requirement is waived if you have reached retirement age.
  • You have a permanent work permit.
    Please note In a marriage or registered civil partnership, it is sufficient if the partner holds the employment permit.
  • If you work in a regulated profession, you must be in possession of the required professional license (e.g. approbation or professional permit).
    Please note: In a marriage or registered civil partnership, it is sufficient if the partner has the permit.
  • You have a basic knowledge of the German legal and social system.
    Please note: Orientation courses offered by the BAMF provide this knowledge.
  • You have sufficient living space for yourself and your household members.
  • You have sufficient health insurance.
  • You have no criminal record.
  • There is no interest in deporting you.

Which documents are required?

  • Recognized and valid identity document (e.g. passport or passport substitute)
  • Current biometric photo in passport format (45 x 35 mm)
  • Proof of means of subsistence (e.g. proof of income, employment contract, pension certificate, proof of receipt of benefits such as parental or child benefit, maintenance payments).
    Please note: Proof of means of subsistence can also be provided by third parties (e.g. spouse, registered partner, parents).
    After a period of residence of five years, proof of means of subsistence may be waived if retirement age has been reached or if there is an illness or disability that prevents independent means of subsistence. This must be proven in a suitable form (e.g. by means of a pension certificate, a specialist medical opinion, proof of residential care).
  • Proof of health insurance cover (e.g. confirmation of health insurance cover or insurance policy)
  • Proof of knowledge of the German language at level A2 (for a five-year residence period) or C1 (for a three-year residence period) of the Common European Framework of Reference for Languages (e.g. language certificate, German school, training or university certificates)
    Please note: After a residence period of five years, proof of successful participation in an integration course can be submitted.
    Proof of language skills may be waived if you have an illness or disability that prevents you from learning the language. This must be proven in a suitable form (e.g. by means of a specialist medical opinion, proof of institutionalization or other reasons that make learning the language impossible or unreasonable in the long term).
  • Proof of basic knowledge of the legal and social order in Germany (e.g. certificate or certificate of successful participation in an 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 you from acquiring this knowledge. This must be proven in a suitable form (e.g. by means of a specialist medical statement, proof of residential care 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 that provides information about the living space)
  • Professional license (e.g. license to practice medicine, professional permit) if practicing a regulated profession (in a marriage or registered civil partnership, proof can also be provided by the partner).
  • If you are obliged to attend an integration course: Certificate of successful participation in the integration course

The documents and information must always be submitted in German. In individual cases, the immigration authority may require less or further proof.

What are the fees?

What deadlines do I have to pay attention to?

6 to 8 weeks

Note (for further information on the deadline):

The application should be received by the Foreigners' Registration Office at least 6 to 8 weeks before the current residence permit expires.

Note (for further information on the deadline):

The settlement permit is issued for an unlimited period. Only the electronic residence permit (eAT card) is issued for a limited period and must be renewed at the end of its validity.

Processing duration

Duration: approx. 6 to 8 weeks

Note for further information on the processing time:

The processing time may vary depending on the workload at the immigration office.

The production of the electronic residence permit by the Bundesdruckerei takes about 4 to 6 weeks.

Legal basis

Appeal

  • Appeal against the decision of the immigration authority
  • Legal action before the court named in the notice of objection if the objection is not upheld

Applications / forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: Yes

What else should I know?

  • Minors and young adults who have received a residence permit as a person entitled to asylum or recognized refugee before the age of 18, please inform yourself about the service "Settlement permit issue for underage children". This settlement permit is issued on a different 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 if you stay outside Germany for more than six months if this stay abroad has not been previously agreed with the immigration authority.
  • People who have a residence permit for other humanitarian reasons can also receive a settlement permit after five years. However, the requirements for this are different.
  • Make sure that you provide correct and complete information to the best of your knowledge and belief. This is the only way the immigration authority can process your application without major delays.
  • Incorrect or incomplete information can slow down the procedure and be disadvantageous for you. In serious cases, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.

Author

The text was automatically translated based on the German content.

Technically approved by

Ministry of the Interior and Municipal Affairs of the State of Brandenburg

Professionally released on

24.06.2022

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