Permanent Residence requirements for spouse of a German
Hello Everyone,
I would like some help clarifying a few points about the Niederlassungserlaubnis.
I have been living in Germany for 2 years and 6 months, and I am married to a German citizen. I'm not an EU citizen.
From what I understand, I may be eligible to apply after 3 years of residence, correct?
I have a specific question regarding employment:
I have never worked in Germany because I previously lived in Switzerland and since I moved to Germany, I continued working there as a cross-border commuter (Grenzgänger). I do pay taxes and live in Germany, but all my pension contributions are in Switzerland.
How does this affect the requirement for pension contributions or proof of social security payments for the Niederlassungserlaubnis?
Another question:
When I moved from Switzerland to Germany, I first received a Fiktionsbescheinigung, and only about 4 months later I received my residence card, which had a later issue date.
Which date is considered the official start of my residence for the 3-year rule the date on the Fiktionsbescheinigung or the date on the actual residence card?
I already have a German language certificate B1.
Is there anything else I need to prepare, and can I already apply once I reach the 3-year mark or make the request a bit earlier is fine?
Thank you in advance for any guidance.
Dear @Guesswhat thank you for reaching out to us.
Your research is correct. As the non-EU spouse of a German citizen, you can usually apply for a permanent residency after 3 years of lawful residence in Germany. The requirements are that the marriage still exists, you live together, and you can support yourself financially. Your B1 German certificate already fulfills the language requirement - this is great! You can find more information about permanent residency on Handbook Germany.
Your work as a cross-border commuter (Grenzgänger) in Switzerland should not be a problem. In this special case, German pension contributions are generally not required. What matters is that your livelihood is secured. The authorities may ask for proof of income, your Swiss work contract, payslips, German tax documents and your health insurance. Here you can find some general required documents here. To be sure what exactly you will need to submit, you can ask your responsible foreigners department.
Regarding the start date for the 3-year period: time spent in Germany under a valid Fiktionsbescheinigung normally counts as lawful residence. Nevertheless, some foreigner department may start to count the period from the date of your residence permit card.
You can usually book your appointment shortly before reaching the 3-year mark, as long as the full 3 years are completed by the time the application is processed.
I hope this helps! Wish you all the best and if you have any further questions, please let me know.