There are seven different ways for a foreigner to enter Germany, to remain here and to eventually be able to work here. But what makes the permanent EU Residence permit acc. to § 9a AufenthG so special and how does it differ from the other possibilities?
For one thing, the permanent EU Residence permit as well as the settlement permit do not carry an expiration date. While the visa or the residence permit are granted only for a limited period of time, which usually will not be longer than three years, the permanent EU residence permit and the settlement permit allow an unlimited stay in Germany.
Furthermore, especially for third-country nationals (citizens from non-EU-member states) the permanent EU residence permit is of great significance.
The permit allows them to be gainfully employed in Germany. In contrast to citizens from other EU member states, who can work in Germany because of the EU Freedom of Movement Law, third-country nationals are required to obtain one of the previously mentioned residence permits to do this. The permanent EU residence permit gives non-EU citizens the right to access the labour market (with the reservation of a labour market test).
The settlement permit acc. to § 9 AufenthG, which is also valid for an unlimited period of time, grants this right as well. But in contrast to the settlement permit, the permanent EU residence permit also facilitates the mobility in the other Member States of the EU. As the settlement permit is only a national right, it is limited to German territory. The permanent EU residence permit on the other hand is based on an EU Directive (2003/109/EG). For third-country nationals who obtained the permanent EU residence permit, it is in this way facilitated to obtain the residence permit and thus even the permission to work in another Member State of the EU.
It also grants the holder a special legal protection against deportation, which is similar to the one of EU citizens.
The permanent EU residence permit is not only granted for an unlimited period of time but also gives the holder far-reaching rights compared to the settlement permit. For example, the right of residence in foreign countries for up to 12 months, while the other permits only grant up to six months.
To be able to apply for the permanent EU residence permit, a few requirements have to be met.
Firstly, it is decisive whether the applicant stayed in Germany uninterrupted in the last five years with a residence permit. To not interrupt the calculation, a stay outside of Germany cannot be longer than six consecutive months or ten months in total.
In addition to this, the applicant or his spouse (with which he lives in a family community) must have a stable and regular income. In principle that is the case if all tax obligations are fulfilled and retirement provision has been taken care of. This means that the own living and the one of all those relatives who are entitled to maintenance must be secured without the use of most public funds.
Another requirement is sufficient knowledge of the German language. If neither the attendance of a German school nor a language or integration course can be proven, the language capability of the foreigner will be measured by his ability to verbally navigate his daily life and the ability to, considering his age and level of education, converse with somebody and express himself in written form (level B1 of the Common European Framework of References for Languages). However, this can be disregarded if the applicant is able to communicate in simple German language (level A1 of the Common European Framework of References for Languages) and did not have a claim to participate in an integration course or was not obligated to participate in one.
The applicant should also have basic knowledge of the legal system, the social order, and the living conditions in Germany. But equal to the requirements of the language skills, this requirement can also be waived.
On top of this, the applicant should not constitute a threat to public policy or public security. The permanent EU residence permit is therefore out of question if the foreigner has violated the German legal system repeatedly or gravely or has committed an act outside of Germany that is considered as an intentional crime here.
Finally, the foreigner must have sufficient living space for himself and for the relatives living with him at his disposal. It is sufficient to live in a publicly funded council house.
Sangong Law Firm supports you in the retrospective review of your application and in the review of an application yet to be filed. If you have any questions, please contact us in German, Chinese or English.
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