Permit for permanent residence in the EU (Germany)

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Sample of an EU long-term residence permit (front and back) in the version issued from December 2, 2013
Sample of an older EC long-term residence permit (front and back) in the credit card format issued from September 1, 2011

The EU long-term residence permit is a residence permit under the German Residence Act . It is intended to give citizens from third countries who do not belong to the European Union and who are therefore not subject to the Freedom of Movement Act / EU a secure right of residence in Germany if they have been legally resident for over five years. Until December 2, 2013, the issued residence title was still called the EC long-term residence permit ; by the law to improve the rights of persons entitled to international protection and foreign workers of August 29, 2013 ( Federal Law Gazette I p. 3484 ) the abbreviation EG was replaced by EU to take account of terminology changed by the Lisbon Treaty .

The EU long-term residence permit serves to consolidate a foreigner's stay in Germany and is open-ended. On the one hand, it entitles to employment as an employee or to self-employed activity in the federal territory and, on the other hand, it is the basis for obtaining a right of residence in another EU member state under simplified conditions. In this way, a third-country national also gains a certain degree of freedom of movement within the Union. In addition to the settlement permit is permission for permanent residence in EU legally strongest form of a residence permit in Germany. It is possible to have both residence permits.

Legal basis

The legal basis for issuing an EU long-term residence permit are those ( § 9a to § 9c AufenthG) that are used to implement Directive 2003/109 / EC . The EU long-term residence permit is in principle equivalent to the settlement permit, unless the law stipulates different regulations.

Third-country nationals with a foreign permanent residence permit according to this guideline receive a German residence permit on application ( § 38a AufenthG), provided that they also meet the general requirements for issuance (§ 5, subsection 1, AufenthG), i.e. H. in particular, their livelihood is secure and there are no grounds for deportation.

Difference to the settlement permit

From the settlement permit , which is granted in Germany solely on the basis of the national right of residence, the permit is different for permanent residence in EU in two essential aspects: on the one hand, granted permission for permanent residence in EU a third country national to some extent free movement within the EU states where the Directive 2003/109 / EC applies because the license holder can claim a residence in the other State if the conditions. The settlement permit, on the other hand, does not grant any rights outside of the national legal system. On the other hand, the right of permanent EU residence can only be lost under the special requirements of Section 51, Paragraph 9 of the Residence Act (see section Loss of the right acquired in Germany ), while the regulation of Section 51, Paragraph 1 of the Residence Act does not apply.

The settlement permit can also be issued to persons who are excluded from obtaining an EU long-term residence permit under the provisions of Directive 2003/109 / EC, such as foreigners who have been identified with national obstacles to deportation and who have subsequently received a humanitarian residence permit .

Acquisition of the law in Germany

The basic requirements for issuing an EU long-term residence permit are in accordance with Section 9a, Paragraph 2 of the Residence Act:

  1. a stay of at least five years with a residence permit in Germany,
  2. sufficient knowledge of the German language,
  3. Basic knowledge of the legal and social order and the living conditions in Germany,
  4. no danger to public safety or order,
  5. sufficient living space,
  6. securing the livelihood and livelihood of the relatives, in accordance with § 9c AufenthG by
    1. the tax obligations have been met,
    2. Contributions or expenses are made for an appropriate pension,
    3. there is health insurance,
    4. regular income is drawn from a permitted employment.

According to the general administrative regulation for the Residence Act, the retirement pension is only of a prognostic nature, which means that an entitlement to an adequate retirement pension should have arisen by the time you reach retirement age (for the requirements see in detail in the main article Statutory Pension Insurance (Germany) ).

Loss of the right acquired in Germany

The EU long-term residence permit only expires in accordance with Section 51 Paragraph 9 of the Residence Act if

  • their issuance is withdrawn because of deception, threats or bribery,
  • the foreigner is expelled or his deportation has been ordered on suspicion of terrorism (Section 58a of the Residence Act),
  • the foreigner stays outside the EU member states for a period of twelve consecutive months in which the status of long-term resident can be acquired (i.e. all member states of the European Union with the exception of Denmark , Ireland and the United Kingdom )
  • the foreigner stays outside the federal territory for a period of six years or
  • the foreigner acquires the legal status of long-term resident in another member state of the European Union.

Similar to the settlement permit, the EU long- term residence permit does not expire in the event of a long-term stay outside the Federal Republic of Germany if the foreigner has legally resided in Germany for more than 15 years, his livelihood is secured and there is no interest in expulsion ( Section 51 (9) sentence 2 Residence Act). In the case of foreigners married to Germans, it does not expire regardless of a minimum length of stay.

Form of grant

Since September 1, 2011, the EU long-term residence permit has been issued as an electronic residence permit in credit card format. The entry of the permit for permanent EU residence in the national passport in the form of a sticker no longer takes place.

Residence in Germany with a right of permanent residence from other EU member states

A legal position comparable to the permit for permanent residence in the EU can be obtained in all EU countries with the exception of Denmark and Ireland. As a rule, foreigners can only provide evidence that the legal position has actually been acquired in another EU country if their residence permit contains a corresponding and clear reference. A legal residence of only five years in another EU state and an unlimited residence permit issued there is not sufficient to prove that the status of a long-term resident has also been acquired there. Furthermore, legal stays in different Union countries cannot be added up for the required five-year period; the status can only be acquired in one country at a time and requires a five-year, essentially uninterrupted stay in that country.

Third-country nationals with a right of permanent residence in another member state of the European Union can usually enter Germany without a visa and apply for a residence permit in accordance with Section 38a of the Residence Act at the locally responsible foreigners authority. Provided that the general conditions for granting according to § 5 AufenthG are met, there is a right to be granted.

Pursuant to Section 38a, Paragraph 2 of the Residence Act, the residence permit is not directly linked to a permit to work. This must be approved by the Employment Agency after a prior review of the working conditions and a priority review § 39 .

The residence permit according to § 38a AufenthG currently has no special meaning: for foreigners who do not have a qualified vocational training or who cannot provide an adequate job offer, the issue of the residence permit usually fails because the livelihood is not secure (cf. 5, Paragraph 1, No. 1 of the Residence Act). Qualified foreigners, on the other hand, could also receive other residence permits if the relevant requirements are met. The regulation therefore only means a significant simplification for cases in which the livelihood is not to be secured through one's own gainful employment (wealthy people, pensioners, livelihood security through dependent persons, etc.). Once a residence permit has been issued for the first time in accordance with Section 38a of the Residence Act, there is usually a right to participate in an integration course (Section 44a, Paragraph 1, Sentence 1, No. 1d of the Residence Act).

Web links

Individual evidence

  1. ^ Draft law of the federal government: Draft law to improve the rights of persons entitled to international protection and foreign workers. (pdf) Printed matter 97/13. In: dipbt.bundestag.de. Federal Council, February 8, 2013, p. 24 , accessed on December 22, 2019 .
  2. ↑ BVerwG, judgment of March 19, 2013 - 1 C 12.12 .
  3. ↑ General administrative regulation for the Residence Act, Para. 9c.1.2. (PDF; 2 MB) In: www.verwaltungsrechte-im-internet.de. Federal Ministry of the Interior, October 26, 2009, accessed on December 22, 2019 .
  4. ↑ General administrative regulation for the Residence Act, Para. 51.9.2. (PDF; 2 MB) In: www.verwaltungsrechte-im-internet.de. Federal Ministry of the Interior, October 26, 2009, accessed on December 22, 2019 .
  5. ↑ Section 51 of the Residence Act . Paragraphs 2 to 4 apply accordingly to the cases mentioned in sentence 1 no. 3 and 4. (Section 51 subs. 9 of the Residence Act)