Permanent Residence Permit

As a recognised refugee or individual entitled to asylum, you must meet the following requirements to obtain a permanent residence permit:

• You may receive few or no benefits from the jobcentre or social welfare office; which means you have to be able to cover most of your expenses with your wages. The permissible percentage of welfare support you can receive from the jobcentre or social welfare office varies from one federal state to the other. For more information, seek advice from the staff at the Immigration Office or a counselling centre.
• You must be able to speak German at the A2 level and provide proof for your language proficiency. If you want to apply for a permanent residence permit three years after your arrival in Germany, you must speak German at the C1 level.
• You must have enough living space for your family. The apartment's size requirements vary from one federal state to another. Ask the staff at the Immigration Office or seek help from a counselling centre if you need more information in this regard.
• You must have health insurance.
• You must have successfully completed the orientation course.
• You must not have a criminal record.
• You must have had a residence permit for at least 3 (or 5) years, the duration of your asylum procedure included.
• The reason for your recognition as an individual entitled to protection should still be relevant.

If you have a residence permit as an individual entitled to subsidiary protection or due to a National Ban on Deportation, you have to fulfil further requirements. For instance, in this case, you cannot receive government benefits, and you must contribute to pension insurance ("Rentenversicherung") for at least 60 months before you can apply for a permanent residence permit.

You must apply for the permanent residence permit in writing at the Immigration Office responsible for you. You will find the form "Application for the Settlement Permit" ("Antrag auf Erteilung der Niederlassungserlaubnis") on the website of the immigration office. You have to send the filled application form, a biometric passport photo and the following documents to the responsible Immigration Office per post:

• a copy of your passport
• a copy of your employment contract, your last six payslips, and a recent confirmation letter from your employer which verifies that you are still employed there. This confirmation must not be older than 14 days. If you are self-employed: your last tax assessment and an audit report completed by a tax accountant.
• a recent confirmation from your health insurance company verifying that you are insured.
• a copy of your rental agreement
• a copy of your German language certificates
• your pension information (from the German pension insurance scheme)
• if you receive child benefit, parental allowance or alike: the relevant confirmation letters
• the confirmation of your registration with the police

Keep in mind that you have to pay in order to obtain a permanent residence permit.

As soon as the Immigration Office has checked your application, they will notify you in writing.

• If you have been granted a permanent residence permit based on your recognition as a refugee or your entitlement to asylum, subsidiary protection or national ban on deportation- travelling to your home country may lead to the revocation of your protection status and consequently, your residence permit. When your recognition is invalidated, the immigration office has two options:

1. They may also revoke your settlement permit.

2. They may uphold your settlement permit.

The latter usually happens when you have been in Germany for a long time, are linguistically well-integrated and have a job with no need for state benefits (from the Jobcentre or Social Welfare Office). The Immigration Office is the sole authority who decides between the two options mentioned above. (§52 I Residence Act)

• If you do not reside in Germany for more than 6 months or move to another country, in principle, you will lose your permanent residence permit. (§ 51 I Residence Act)
• Your permanent residence permit may be revoked if you have obtained it as a result of providing false information to the authorities.
• If you are considered to be a threat to public safety and order, you may be deported. In this case, you will also lose your permanent residence permit. If you are at risk of losing your recognition or residence permit, seek advice from a counselling centre or lawyer. For example, you can find assistance at Pro Asyl. Their staff speak German and English and can be reached at +49 (0) 69-242 314 20 and proasyl@proasyl.de.

As a recognised refugee or individual entitled to asylum, you must meet the following requirements to obtain a permanent EC residence permit:

• You may not receive benefits from the jobcentre or social welfare office; which means you have to be able to cover all your expenses with your wages.
• You must be able to speak German at the A2 level and provide proof for your language proficiency.
• You must have enough living space for your family. The apartment's size requirements vary from one federal state to another. Ask the staff at the Immigration Office or seek help from a counselling centre if you need more information in this regard.
• You must have health insurance.
• You must have successfully completed the orientation course.
• You must not have a criminal record.
• You must have had a residence permit for at least 5 years, the duration of your asylum procedure included.
• The reason for your recognition as an individual entitled to protection should be still relevant.

If you have a residence permit as an individual entitled to subsidiary protection, you have to fulfil further requirements. For instance, must contribute to pension insurance ("Rentenversicherung") for at least 60 months before you can apply.

If you have been issued a residence permit as a result of being entitled to a national ban on deportation, you cannot apply for a permanent EC residence permit.

You can apply for a permanent EC residence at the appropriate immigration office. To do so, you need to take the same steps described in the section "Where can I apply for a permanent residence permit?". You then can go ahead and apply for a residence permit from the EU country of your choice. You can find out how in the next sections.

When you have a permanent EC residence permit and would like to live in another EU country, you need to apply at the Immigration Office in the relevant country.

For other EU states to issue you a residence permit, you need to meet the following conditions:

• You need to have a permanent EC residence permit.
• You may not depend on any financial support from the state for your living.
• In principle, you need to introduce a contract (or alike) signed by your expected employer or an enrolment certificate (or alike) from the university you are planning to attend in the relevant country
• You need to have health insurance
• You need to be registered in the relevant country and provide proof of registration (“Meldebescheinigung”)

When the Immigration Office in the other country accepts your application, in principle, you also need to apply at the relevant Employment Agency for a work permit which allows you to work there.

Please keep in mind: Denmark, Great Britain and Ireland have not implemented the corresponding EU Directive. In these three countries, you cannot apply for a residence permit based on your permanent EC residence permit.

• If you have been granted a permanent EC residence permit -based on your recognition as a refugee or your entitlement to asylum, subsidiary protection or national ban on deportation- travelling to your home country may lead to revocation of your protection status and consequently, your residence permit. When your recognition is invalidated, the immigration office has two options:

1. They may also revoke your permanent EC residence permit.

2. They may uphold your permanent EC residence permit.

The latter usually happens when you have been in Germany/European Union for a long time, are linguistically well-integrated and have a job with no need for state benefits (from the Jobcentre or Social Welfare Office). The Immigration Office is the sole authority who decides between the two options mentioned above. (§52 I Residence Act)

• Your permanent EC residence permit may be revoked if you have obtained it as a result of providing false information to the authorities.
• If you are considered to be a threat to public safety and order, you may be deported. In this case, you will also lose your residence permit/settlement permit.
• If you reside outside the European Union (or in Denmark, Ireland or Great Britain) for more than 12 months, in principle, you will lose your permanent EC residence permit. (§ 51 I Residence Act)
• If you do not reside in Germany for more than 6 months, in principle, you will lose your permanent EC residence permit. (§ 51 I Residence Act)
• If you obtain a long-term residence permit from another EU country, you will lose your permanent EC residence permit.