German residence permit and news on citizenship law

The German residence permit is an official status supported by a relevant document and entitles the resident to stay legally in the country for more than 90 days in 180 days. The status allows its holder not only to live legally in Germany but also to travel freely within the Schengen zone, study, work, use medical services, receive social benefits, and other types of state support.

German residence permits can be issued based on studying at a university, registering and opening a business, marrying a local citizen, and concluding a labor contract with a German employer. 

What are the advantages of a German residence permit, what are the varieties of residence permits, necessary documents, and requirements for the applicant, changes in the current legislation on the citizenship of the country - these and other issues are analyzed in a new review by specialists of the licensed agency GARANT.in.

Advantages of German residence permit

The status of a resident of Germany gives the holder a variety of advantages and privileges, however, it does not cancel a certain list of obligations. The resident can apply for state aid, claim for social protection, use medical services in public and private structures, and make pension savings.

Germany is a member of the Schengen zone, the European Union, and the Single Economic Zone. The combination of these factors allows residents to access the following privileges:

Freedom of Travel. The German residence permit allows the holder to enter and leave the Schengen area without any additional permits. The German residence permit allows the holder to obtain a US or Canadian visa under a simplified scheme. In the ranking of world passports Germany stably occupies the 2nd position, which indicates a high level of freedom of movement around the world.

Quality European education. Children of residents can study on an equal footing with children of German citizens in schools and colleges, applicants can enter European universities, and apply for scholarships or grants. 

Financial privileges. With a German residence permit, you can apply for a loan on favorable terms, place a deposit in a local bank, or take out a loan to open and run a business. In 2023, the mortgage rate for residents of Germany was 2-2.5% per annum.

Opportunity to reunite with family. The holder of a residence permit can draw up documents for the whole family if he proves that he is financially secure and has adequate housing conditions. The spouse and children of the applicant receive a residence permit, which will be active for the period of residence of the main applicant.

Doing business. Engaging in business activities in the country allows not only to expand business and enter European markets but also avoids the need to pay customs duties and fees, as Germany is a member of the EEA.

Types of Residence Permits in Germany 

A residence permit card is a document in the form of a plastic card, which contains the owner's photo and biometric data recorded on a special chip. The sample card is created according to the standards approved by the European Union. The card can be used to solve administrative issues, to travel around the EU, and to use it instead of an identity document.

There are several types of residence permits in Germany, the type depends on the duration of the status and the rights of the resident:

1. Temporary residence permit (Aufenthaltstitel). The status is issued for  1 year, it is allowed to prolong, provided that the applicant has not changed the basis for the initial receipt. The card is granted for study, employment, business, or family reunification in the country.
2. Permanent residence permit (Niederlassungserlaubnis, NE). It can be obtained after 3-5 years of residence on the territory of the country, provided that the applicant has proved the required level of language proficiency, showed successful integration into the local community, and has a certain level of income. The status has no expiration date, but the card itself must be periodically updated to correct personal data.
3. Indefinite EU residence permit (Erlaubnis zum Daueraufenthalt-EU). It is issued, like the previous status, after 3-5 years of residence and under the same conditions. The difference is that the residence permit allows you to stay not only in Germany but also in any EU country. In addition, the document does not need to be extended or renewed. It is allowed to have both cards - NE and Dauer-EU.

On what basis you can get a residence permit in Germany

You can get a residence permit in Germany for various reasons. We have chosen the most common types of grounds.

Education

Before applying for a residence permit for education, it is necessary to obtain a national visa and enter Germany on its basis. On the spot, you should register your address and at the place of registration contact the foreigners' authority to apply for a residence permit.

Students receive a status that is valid for the entire period of study. After studying, the graduate has the right to extend the residence permit for up to 1.5 years to find a job. From the moment of official employment, the applicant has the right to apply for a residence permit.  

Employment

Before applying for a residence permit, it will be necessary to choose the direction of activity. A foreign citizen has the right to work in Germany if the employment authorization is specified in the residence permit. For this purpose, the immigration authorities check whether the applicant has fulfilled the legal prerequisites for a residence permit. If this is the case, a work permit is requested from the Federal Employment Agency. The duration of the residence permit will depend on the length of the employment contract. 

If the applicant plans to be a freelancer, he/she needs to prove sufficient financial security to be able to support him/herself without relying on state support. The required annual income for such applicants starts from 9000 € per year.

Business Immigration

The applicant can apply for this type of residence permit under several conditions:

• the specified business is in the regional interest;
• the relocation of the company to Germany will be financed by the applicant's  funds;
• the specified type of business must have a positive effect on the German economy.

The residence permit is issued for  3 years, but it can be prolonged, provided that the business is thriving and generates tangible income.

Marriage

If the applicant is not an EU citizen, he or she may obtain a residence permit upon marriage to a German citizen. Temporary status is granted for one year with the right to employment or training. After two years of marriage and three years of residence in Germany, the citizen's spouse can apply for a permanent residence permit.

Residence permit for FNP

Residency for financially independent persons can be granted with a proven capital of at least 1,000,000 € and a monthly passive income of 5,000 €. The applicant is not eligible for employment in Germany. The primary residence permit is issued for 1-2 years, the duration depends on the chosen region of residence and personal characteristics of the applicant's case. It is allowed to prolong the status for 2 years, provided that he is a law-abiding resident and meets the conditions of the chosen basis. After 5 years of residence, it is possible to apply for permanent residence.

Basic requirements for an applicant for a residence permit in Germany

Applicants applying for a German residence permit of any type must meet a list of general requirements:

1. Stable financial base for the requested period of residence in the country. It is necessary to attach bank statements, an employment contract, or a certificate from a sponsor with a stable income.
2. Established and confirmed the identity of a foreign citizen. For verification, it is necessary to provide a national passport of a resident with an unexpired validity period exceeding by 3 months the period of the desired period. The document must have 2 blank pages for the visa.
3. No difficulty in processing the new status. The applicant's stay in Germany must not jeopardize the national security of the country. 
4. Permission to enter the territory of the country. To obtain a residence permit, it is mandatory to have a national visa D issued by the German consulate. During 90 days of its validity, the applicant must enter the country and apply to the migration service for the issuance of a residence permit card.

To prolong the validity of the residence permit or obtain a residence permit, foreign citizens need to take a special integration course and acquire basic knowledge of the German language, culture, history, and legal system.

Basic documents for obtaining a German residence permit

In addition to the chosen and confirmed basis, the applicant for residency must provide the following list of basic documents:

• National Resident Passport - all required pages are filled in, all age-appropriate photos are pasted;
• a valid national visa of category D;
• Applicant's application form filled out in German - personal and contact information must be indicated;
• issued health insurance policy;
• a document confirming the absence of a criminal record;
• a document confirming the availability of housing in the country - a long-term lease or purchased real estate; 
• confirmation of financial stability of the applicant - bank account statements with the balance and amount of income, confirmation from a sponsor, a formalized employment contract;
• a document confirming the required level of German language skills.

In addition, migration authorities may request a marriage/divorce certificate, a permit for a certain type of activity, a document confirming enrollment in a higher education institution, and others. All documents must have a German translation.

Revocation of residency status

In some cases, an applicant may have his application for residence permit status denied or lose it over time. The main reasons:

• The applicant has violated the country's migration laws.
• The applicant submitted knowingly false or distorted data.

The documents are forgeries.

There is no proof of sufficient financial support - the candidate has not shown himself to be a stable and financially independent applicant.

When considering the application, the immigration authorities suspect that the applicant may pose a threat to the national security of the country.

If the applicant has submitted an incomplete application package or has not provided convincing evidence, his/her application may be rejected or additional papers/data may be requested. The final decision is up to the host country.

Renewal of residence permit status

To extend the residence permit and retain all privileges, the resident should submit documents at least 60 days before the expiration of the status. At the second visit, it is necessary to submit a set of documents similar to the first application. It is important to confirm that the resident is fully compliant with the chosen basis - he has retained the previous conditions of residence, and he is successfully integrated into the social life of society.

German citizenship - changes in legislation

Raising the question of the status of a resident in Germany, it is impossible not to mention the innovations in migration legislation, which will come into force in June 2024.

It is known that the current head of state - President Frank-Walter Steinmeier has already signed the new law on citizenship. The law was adopted for consideration back in January 2024. Among other innovations, the bill implies the possibility for citizens of non-EU countries to undergo the process of naturalization in Germany for only 5 years (in exceptional cases - 3 years !). At the same time, new citizens will not have to renounce their native citizenship. 

The bill was signed by the President, senior ministers, and Chancellor Olaf Scholz on 22.03.2024. Also, the new changes will require the administrative authorities to make edits and adjustments, which takes a certain period. It is expected that the new amendments will take effect no later than 22.06.2024.

Friends, if you have any questions regarding obtaining the status of a German resident or you need assistance in solving migration issues, please contact the specialists of the licensed agency GARANT.in for help. We will help you to choose a suitable basis,  form a competent and complete dossier, submit documents for obtaining a visa/residence permit, to extend the current status. We will analyze your case, help you minimize risks, and solve other related visa issues. Give yourself and your family new opportunities in a developed European country.