The Permanent Settlement Permit (Niederlassungserlaubnis) is a key aspect of the German Residence Act, offering a path to long-term residency in Germany. This permit is not time-limited and allows foreigners to establish a more permanent life in Germany. Here’s a simplified overview of Section 9, which details the criteria for obtaining this permit:
Nature of the Permanent Settlement Permit: As per Section 9(1), the Permanent Settlement Permit is a residence title without a time limit. Unlike temporary permits, this allows for long-term planning and stability in Germany. It may come with certain conditions but these are strictly defined by the Act.
Criteria for Eligibility: To be eligible for this permit, according to Section 9(2), a foreigner must:
1. Have held a temporary residence permit for five years.
2. Be financially stable and able to support themselves.
3. Have made pension scheme contributions for at least 60 months or have equivalent benefits.
4. Not pose any public safety or order concerns.
5. Have the right to work, if employed.
6. Hold any other necessary permits for economic activity.
7. Have sufficient command of the German language.
8. Understand the German legal, and social systems and way of life.
9. Have adequate living space for themselves and their family.
Integration Course and Exceptions: Completing an integration course can fulfill the language and social knowledge requirements. Exceptions to these criteria may apply due to physical or mental illness, disability, or to prevent hardship.
Special Provisions for Spouses and Students: If cohabiting spouses apply, it suffices if one meets certain requirements like pension contributions and permission for employment. Students or trainees may also have some requirements waived.
Counting Previous Residence Periods: Section 9(4) outlines how previous periods of residence in Germany, including times spent on a temporary residence permit or for study, can count towards the five-year requirement for the Permanent Settlement Permit.
In summary, Section 9 of the German Residence Act provides a comprehensive framework for obtaining a Permanent Settlement Permit in Germany. It balances the need for integration and economic stability with provisions for exceptions, making it a pivotal aspect of long-term residency planning for foreigners in Germany.
