Permanent EU Residence Permit

The EU Permanent Residence Permit is allowed under German law through the § 9a German Residence Act (Aufenthaltsgesetz). This article lays down the basic requirements necessary to apply for this residence permit, which are the following:

• You have resided in Germany (legally) for at least 5 years without interruption,
• You can support yourself and your family and are not reliant on the state,
• Your German level is of a sufficient standard, and you have a required level of understanding of the German legal and social system (this can be shown through a successful integration course),
• You have health insurance under the statutory health insurance system or another permanent health insurance scheme,
• There is no reason by which you should be expelled from Germany (you do not possess an inherent danger to the social order in Germany),
• You have paid your tax requirements and made pension contributions.

It is a necessity to have fulfilled these requirements when making the application. However, there are other aspects to be aware of, such as:

• Temporary Stay: If you are in Germany temporarily, for example, to study or do a traineeship, you will not be entitled to this residence permit. It is in place for those staying in Germany for a long time. However, if you have completed your studies in Germany and have continued residing there for employment purposes, your time as a student will also be considered.
• Refugee Status: If your stay in Germany is based on refugee status or other humanitarian grounds, applying for this permanent residence permit will not be possible.
• Diplomat Status: If you are in Germany as a diplomat, you have a special legal status that does not apply for this residence permit.

If you require further guidance regarding your status and ability to apply for the EU Permanent Residence Permit, don’t hesitate to contact our firm directly using the details below this article.

The Permanent EU Residence Permit application form can be sought at your local Immigration Authority. When making the application, you will need to demonstrate the following points:

• Show that you have lived in Germany for at least five years without interruption with a residency title (utility bills and rental contracts can demonstrate that you have been living in Germany).
• Documents showing that you earn at least a sufficient amount (payslip, bank statements)
• Show that you fulfil the visa and passport requirements (passport).
• Evidence that you have contributed to the state pension insurance scheme (payslip).
• Evidence that you have made the required health insurance payments.
• Proof from a language exam or school that you have the required knowledge of German (language certificate) and a basic understanding of Germany’s legal and social system (here, you can show the result of an integration exam).
• Demonstrate that there are no reasons why you should be expelled from Germany and no further reasons why you should be stopped from having an EU Permanent Residence Permit connected to public security.

Organising all the required documents and fulfilling any applicable deadlines can be energy- and time-consuming. Allow our immigration experts to use their expertise and years of experience by overseeing your application.

Although the EU Permanent Residence Permit is designed to be permanent, some conditions can invalidate it. In such matters or cases, it is essential to consult with a legal expert in immigration law to determine the likelihood of holding onto your permanent residence permit. The grounds for invalidity are the following:

• Fraud: Fraud in the EU Permanent Residence Permit application will lead to its invalidity; however, the accusation of fraud does not necessarily prove that you have committed fraud. Contact a lawyer if you are accused of fraud in your application.
• Expulsion / Deportation from Germany: If you are deported from Germany for criminal activity or other reasons, your permanent residence permit will be deemed invalid.
• Permanent Residence Status in Another Country: Should you gain Permanent Resident’s status in another EU country, it will mean you have resided outside of Germany for a sufficient amount of time for your status in Germany to have expired. Similarly, your permanent residence status in another EU country will likely expire should you apply for it in Germany.
• Residing Outside of Germany: If you reside outside of Germany for a sufficient time, your Permanent Residence Permit will be deemed expired. This time will depend on your case’s facts and the nature of your residence permit in Germany. However, a consecutive period outside of Germany, ranging between 12 months and 24 months, can be seen as sufficient. When you reside outside of Germany for a period of 6 years, the EU Permanent Residence Permit for Germany will be deemed to have expired.

Contact our firm directly if you face legal issues in any of these areas.