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

  • Service description

    As a recognised 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).

  • Procedure

    • 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 the application can only be submitted in person, make an appointment at the Foreigners' Registration Office. If you apply online, the Foreigners' Registration 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, preferably in the original).
    • If your application is approved, your fingerprints will be taken to produce a new electronic residence permit (eAT card).
    • The foreigners authority orders the production of the eAT card from Bundesdruckerei. After completion, you will receive information and can collect the eAT card from the relevant office. The eAT card must always be collected in person.
    • If your application is rejected, you will receive a rejection notice.
  • Responsible office

    The foreigners authority responsible for the applicant's place of residence.

  • Prerequisites

    • You are in possession of a valid residence permit as:
      • recognised persons entitled to asylum (Section 25 (1) of the Residence Act),
      • recognised refugee under the Geneva Refugee Convention (Section 25 (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 an asylum seeker or refugee are still valid.
      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),
      • As a rule, you and your spouse or partner can cover more than 75% of the living expenses for yourself and your household members without claiming public benefits.
    • If you wish 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 support yourself and the members of your household 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 for the partner to hold an employment permit.
    • If you work in a regulated profession, you must be in possession of the required professional licence (e.g. licence to practise or professional permit).
      Please note: In a marriage or registered civil partnership, it is sufficient if the partner holds the licence.
    • You have a basic knowledge of the German legal and social system.
      Please note: Orientation courses offered by the BAMF impart this knowledge.
    • You have sufficient living space for yourself and the members of your household.
    • You have adequate health insurance.
    • You have no previous convictions.
    • There is no interest in deporting you.
  • Which documents are required?

    • Recognised 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. spouses, registered partners, 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. Proof of this must be provided in a suitable form (e.g. 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 as proof.
      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 statement, proof of institutionalisation 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 the acquisition of the knowledge. This must be proven in a suitable form (e.g. by means of a specialist medical opinion, proof of institutionalisation 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 licence (e.g. licence to practise, professional permit) if practising a regulated profession (in a marriage or registered civil partnership, proof can also be provided by the partner).
    • If the obligation to attend the integration course has been passed: 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 fees are incurred?

  • What deadlines do I have to observe?

    6 to 8 weeks

    Note (for more 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 more information on the deadline):

    The settlement permit is issued for an indefinite 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 time

    Duration: approx. 6 to 8 weeks

    Note for further information on the processing time:

    The processing time may vary depending on the capacity utilisation of the foreigners authority.

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

  • Legal basis

  • Legal remedy

    • Appeal against the decision of the immigration authority
    • Action before the court named in the notice of objection if the objection is not upheld
  • Applications / Forms

    Forms available: Yes

    Written form required: Yes

    Informal application possible: No

    Personal appearance required: Yes

  • What else should I know?

    • Minors and young adults who have received a residence permit as a person entitled to asylum or recognised refugee before the age of 18 should find out more about the "Settlement permit for underage children" service. This settlement permit is issued on a different legal basis under simplified conditions from the age of 16 (Section 35 of the Residence Act).
    • The procedure is conducted in German.
    • A settlement permit may expire if you stay outside Germany for more than six months if this stay abroad was not previously agreed with the foreigners authority.
    • People who have a residence permit for other humanitarian reasons can also obtain a settlement permit after five years. However, the requirements for this are different.
    • Make sure that the information you provide is correct and complete to the best of your knowledge and belief. This is the only way the Immigration Office can process your application without major delays.
    • Incorrect or incomplete information can slow down the procedure and be to your disadvantage. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights already granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
  • Short text

    • Settlement permit Issued to holders of a residence permit as recognised persons entitled to asylum and refugees.
    • The permanent settlement permit is issued after three or five years of holding a residence permit as a person entitled to asylum or recognised refugee (including resettlement refugees).
    • Reasons for the former asylum authorisation or refugee status must still exist (the BAMF must not have notified you that your residence status has been withdrawn or revoked).
    • Basic knowledge of the legal and social order and living conditions in Germany is required.
    • Sufficient living space required for family members living in the household.
    • Authorisations for the permanent exercise of a profession are required (can also be submitted by the spouse or partner).
    • There must be no previous convictions.
    • After a three-year stay:
      • More than 75% of living expenses (including health insurance) must be covered from own resources
      • German language skills of at least level C1 required.
    • After a five-year stay:
      • More than 51% of living expenses (including health insurance) must be covered from own resources
      • German language skills of at least level A2 required.
    • Responsible: the foreigners authority responsible for the applicant's place of residence.
  • Typing

    2/3b
  • Library entry status

    5

Responsible departments