Applying for a settlement permit for recognised asylum seekers and refugees

• You must apply for a settlement permit before your current residence permit expires.
• Find out whether your foreigners authority allows you to apply online or has a special application form.
• If you can only submit your application in person, please book an appointment at the Immigration Office. If you submit your application online, the Immigration Office will contact you once your application has been received to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, preferably in the original).
• If your application is approved, your fingerprints will be taken for the purpose of issuing the settlement permit in the form of a new electronic residence permit (eAT card).
• The Foreigners’ Registration Office commissions the Bundesdruckerei to produce the eAT card. Once it has been produced, you will be notified and can collect the eAT card from the relevant office. As a general rule, the eAT card must be collected in person.
• If your application is rejected, you will receive a rejection notice.

The immigration authority responsible for the applicant’s place of residence.

• You hold a valid residence permit as:
  • a person granted asylum (Section 25(1) of the Residence Act),
  • a recognised refugee under the Geneva Convention on Refugees (Section 25(2), first sentence, first alternative, of the Residence Act) or
  • Resettlement refugee (Section 23(4) of the Residence Act).
• You have held a residence permit for at least five years (the period spent undergoing asylum proceedings is included in this calculation).
• The grounds for your recognition as a person entitled to asylum or as a refugee still apply.
  Please note: Three years after your recognition, the BAMF will assess whether the grounds for recognition may no longer apply. In the case of asylum decisions made in 2015, 2016 or 2017, the BAMF must have explicitly informed you that the conditions for revocation or withdrawal do not apply, so that you can assume your residence status remains valid.
• If you wish to obtain a settlement permit after three years:
  • You have a good command of German (level C1),
  • You and your spouse or partner are generally able to cover more than 75 per cent of the living expenses for yourselves and the family members living in your household without having to rely on state benefits.
• If you wish to obtain a settlement permit after five years:
  • You have a sufficient command of German (level A2),
  • You and your spouse or partner are generally able to cover more than 50 per cent of the living expenses for yourselves and the family members living in your household without having to rely on state benefits. Please
    note: This requirement does not apply if you have reached retirement age.
• You hold a permanent work permit.
  Please note: In the case of a marriage or registered civil partnership, it is sufficient for your partner to hold the work permit.
• If you work in a regulated profession, you must hold the necessary professional licence (for example, a medical licence or professional authorisation).
  Please note: In the case of a marriage or registered civil partnership, it is sufficient for your partner to hold the licence.
• You have a basic understanding of the German legal and social system.
  Please note: The orientation courses offered by the BAMF provide this knowledge.
• You have sufficient living space for yourself and the members of your household.
• You have adequate health insurance cover.
• They have no previous convictions.
• There is no interest in deporting you.

• Recognised and valid identity document (e.g. passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• Evidence of means of support (for example, proof of income, employment contract, pension notice, proof of receipt of benefits such as parental allowance or child benefit, maintenance payments).
  Please note: Proof of means of support may also be provided by third parties (e.g. spouses, registered partners, parents).
  After a period of residence of five years, proof of means of support may be waived if the applicant has reached retirement age or has an illness or disability that prevents them from supporting themselves. This must be proven in an appropriate manner (for example, by means of a pension notification, a medical report from a specialist, or proof of placement in a care home).
• Proof of health insurance cover (for example, a confirmation of cover from your health insurance provider or an insurance policy)
• Proof of German language proficiency at level A2 (for a five-year period of residence) or C1 (for a three-year period of residence) of the Common European Framework of Reference for Languages (e.g. language certificate, German school, vocational training or higher education qualifications)
  Please note: After a period of residence of five years, proof of successful completion of an integration course may be submitted. Proof of language proficiency may be
  waived if there is an illness or disability that prevents the learning of the language. This must be substantiated in an appropriate manner (for example, by a specialist medical report, evidence of residential care or other reasons that make learning the language permanently impossible or unreasonable).
• Proof of a basic understanding of the legal and social system in Germany (for example, a certificate or confirmation of successful completion of an integration course).
  Please note: After five years’ residence, this proof may be waived if the applicant has an illness or disability that prevents them from acquiring this knowledge. This must be substantiated in an appropriate manner (for example, by a specialist medical report, evidence of residential care or other reasons that make acquiring this knowledge permanently impossible or unreasonable).
• Proof of adequate living space (tenancy or purchase agreement stating the floor area)
• Professional authorisation (e.g. medical licence, professional licence) for practising a regulated profession (in the case of a marriage or registered civil partnership, proof may also be provided by the partner).
• If there was an obligation to attend the integration course: a certificate confirming successful completion of the integration course

The documents and information must always be submitted in German. In individual cases, the foreigners authority may require less or further evidence.

• Section 52(3)(1) of the Residence Regulation

• Section 26(3) of the Residence Act (AufenthG)
• Section 23(4) of the Residence Act (AufenthG)
• Section 9(2), first sentence, points 2 and 4 to 6, 8 and 9, and sentences 2 to 4 and 6 of the Residence Act (AufenthG)

• Appeal against the decision of the Immigration Authority
• Action before the court named in the notice of objection if the objection is not upheld

Informal application possible: Yes

Personal appearance required: Yes

• Minors and young adults who were granted a residence permit as a person entitled to asylum or a recognised refugee before reaching the age of 18 should find out about the service ‘Granting of a settlement permit for minor children’. This settlement permit is granted on a different legal basis, under simplified conditions, from the age of 16 (Section 35 of the Residence Act).
• The proceedings are usually conducted in German.
• A settlement permit may lapse if you stay outside Germany for more than six months, unless this stay abroad has been agreed in advance with the Immigration Authority.
• People who hold a residence permit on other humanitarian grounds may also be granted a settlement permit after five years. However, the requirements for this are different.
• Please ensure that you provide accurate and complete information to the best of your knowledge and belief. This is the only way the Immigration Authority can process your application without significant delays.
• Incorrect or incomplete information can slow down the procedure and be to your disadvantage. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.