"Laziness and misunderstanding cause incomparably
more harm in the world than malice and cunning"
Permanent Settlement Permit
Unlike an ordinary residence permit, the Niederlassungserlaubnis is issued for an unlimited period and is not tied to a specific purpose of stay in Germany.
Johann Wolfgang von Goethe
Foreign nationals who have firmly decided to emigrate most often choose destinations with a strong economy, a high level of social protection for citizens, and well-developed relations with other countries. Most of the Eurozone fits this description, with a strong tilt toward the founding member states of the European Union. A residence permit in Germany is exactly what most migrants are hoping to obtain by heading to this part of the continent. It's important to clearly understand the difference between a residence permit and a Schengen visa. From a legal standpoint, a residence permit in a given country is a document that legalizes a foreign national's status within that country, allowing them to stay there for a set, extended period of time (in some cases, indefinitely) and to enjoy most of the rights available to local residents. Residence permits are divided into permanent and temporary. The most common purposes that allow someone to obtain a fixed-term residence permit (Aufenthaltserlaubnis) are:
education: a language school, obtaining a university degree, an internship;
employment: job seeking, contract work, research activity, running one's own business;
family circumstances: family reunification;
humanitarian reasons — a separate category entitled to a residence permit in Germany: refugees and contingent resettlers. In such cases, the applicant most often needs to prove that they are persecuted at home for political, religious, or other beliefs. This isn't always easy to prove, but once granted a residence permit, a refugee can count on state support (free education, housing, subsistence funds, and so on).
A temporary residence permit by no means always grants an unrestricted right to work. This information is also stated in the Aufenthaltstitel — the document confirming the relevant status.
The next step toward naturalization is a permanent settlement permit (Niederlassungserlaubnis). As a rule, a permanent settlement permit can be obtained after five years of continuous residence in Germany. But there are exceptions here too — certain immigration programs allow a foreign applicant admitted under the "Jewish emigration" program to receive a permanent settlement permit in Germany right away upon a favorable decision, or, in the case of marriage to a German national under § 28 of the Aufenthaltsgesetz, to apply for a permanent settlement permit after just 3 years of living together in Germany. Permanent residence status grants foreign nationals the same rights as German citizens, except the right to vote in government elections and to hold public office (for example, in the police or armed forces). Also, permanent residents may spend no more than 6 months a year outside Germany and the EU, in order to avoid falling under § 51 of the Aufenthaltsgesetz. What's more, a holder of German permanent residence status may relocate permanently to any other country in the European zone, including for employment purposes (provided the immigration rules of that country of employment are observed).
Every case involving the acquisition of a residence permit is highly individual. Every case has its own particulars, and the so-called "human factor" has hardly been eliminated either. So even if it seems to you that there are no obstacles standing between you and the coveted status, it's better to consult a professional who can review your set of documents, provide the necessary explanations and information, and, among other things, accompany you to your interview at the immigration authority (Ausländerbehörde). It's important to understand that the outcome of each individual legal matter depends on a correctly assembled set of documents and a properly completed application. It is far simpler and wiser to reduce the risk of problems from the outset than to deal with them as they arise… Remember: the law grants officials the right to exercise their own discretion (Ermessen) in reaching a decision.
It is not uncommon for clients to come to our law firm with problems that arose only after they had already obtained their first residence permit in the country. In this article, we will tell you about one such case from our varied legal practice.
One day, a client — let's call her Elena — came to us in a state of complete confusion. Her life story was rather interesting: Elena was born and raised in Moscow, and traveled a great deal, both for work and in her free time. On one business trip, she met Christopher, a British national. After living "between two homes" for a while, the couple decided it was time to settle down somewhere and start a family. So Christopher and Elena got married and decided to relocate to Germany. It was cheaper and easier to buy a cozy house for the family in Germany, especially since Christopher's company was expanding its business and needed a managing director for its new Berlin office. At first, everything went smoothly — the family lived in a small two-story house about 15 km outside Berlin. Christopher started his new job, while Elena took care of the house and the twins born soon after, earning a modest income by renting out her old apartment in Moscow. Life seemed to be flowing along in its usual calm way — until disaster struck. Elena, as usual, was checking her mail when she found an invitation to appear at the immigration authority. She was required to report to the government office the very next week. The fact was that, upon arriving in Germany, she had been issued a residence permit valid for three years. But no one had given much thought to exactly what it said or what rights it granted. Now that the permit's expiration date was approaching, Elena had no idea what to do next. She came to us with all her documents, in need of qualified legal help.
The lawyer specializing in immigration law immediately set to work reviewing the documents provided by our client. On the one hand, under current immigration law, the wife of a British national was entitled to live with her husband unhindered in another EU country — in this case, Germany. But in our client's case, things turned out to be far from simple or straightforward. It emerged that, at the time she was issued her residence permit, the Ausländerbehörde employee had made an error: the permit had been issued to her not as the spouse of an EU citizen, but on "humanitarian grounds." Naturally, that status came with a great many requirements and restrictions attached. Elena had not noticed this error in time, and it now threatened to prevent her from being issued a renewed permit, since she lacked proof of the actual grounds for her stay in the country.
First, we reassured our client and assured her that we would do everything possible to preserve her lawful status in Germany. We then postponed the Ausländerbehörde appointment by a week so we could prepare for the visit and gather the necessary documents. We then wasted no time in assembling a complete set of supporting documents establishing Elena's right to long-term residence in Germany. In doing so, we made sure that, during the in-person conversation with the immigration authority's official, no doubts whatsoever would arise about the legality and merit of our client's application for a new residence permit. It's far from clear to us how things might have turned out had Elena gone to the appointment on her own — she barely spoke German and was, in any case, extremely nervous. All of these factors could easily have worked against her.
Our firm's lawyer, who has extensive experience dealing with officials at various German authorities, calmly and clearly explained the situation. The initial "humanitarian grounds" residence permit had, in all likelihood, been issued to our client in error. She now had every legal basis to be issued a new residence permit as the spouse of an EU citizen and the mother of their two children together. The lawyer submitted all the supporting documents, and made sure the application contained the correct wording and information. Our legal position, moreover, was that if the authority issued a written refusal to grant the new permit, we were prepared to defend our client's rights in court.
As we had expected, after some hesitation, the official accepted our irrefutable arguments and issued a new five-year residence permit for Elena — this time on the correct grounds. Our client's and her husband's joy knew no bounds, since our timely involvement had saved the woman a great deal of time and stress. We wholeheartedly wished Elena and her happy family further success in stable, prosperous Germany. And should the time come to deal with matters such as obtaining a permanent settlement permit, and later German citizenship, we remain at the service of Elena, her family and loved ones, as well as our other clients.
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