Answer to question number 18

Residence permit in Germany, Migration – procedure

Permit to Stay in Germany, hereinafter referred to as residence permit (Aufenthaltserlaubnis)

(Aufenthaltserlaubnis)

– according to the German Residence Act (AufenthaltsG), the regulations of the Ministry of the Interior (BMI) and the law enforcement procedure of the Ausländeramt at the place of presumed residence.

On the basis of Section 7 (Economic independence – read more) and Section 21 (Self-employment) of the aforementioned Act, the following parameters are valid for both cases

Initially issued for 1 year
Renewable twice for a period of two years in Germany
Applicant and family members (spouse, minor children)
Language knowledge is not necessary
After 5 years it is possible to apply for the Niederlassungserlaubnis (permanent residence permit)
After further 2 years – right to apply for citizenship, provided that the person retains the original citizenship (7 years in total)
The registration of private health insurance is obligatory
for children – free of charge education in schools and universities as if they were citizens
entitles the holder to reside in Germany for unlimited time (during the period of validity of the certificate) and move freely within the countries of Schengen area
There is no minimum period of residence in the Schengen area; the requirements are specific to each local foreigners’ office (Ausländeramt)

In order to be eligible for an FNP the following requirements must be met:

Have assets of more than 1 million euros
Have a regular income of more than 5,000 euros
A place to live in Germany
A private health insurance contract
You do not have to be permanently resident in Germany.

Permanent residence permit, hereinafter referred to as Permit to Stay

(Niederlassungserlaubnis)

– It can be distinguished from German citizenship only by the lack of voting rights and visa regulations with countries outside of the Schengen area, including the right to work without any restrictions. It applies to all family members of the applicant in Germany.

In order to obtain a residence permit you must:

Possess a RNP for at least 5 years
Have adequate income or financial security
Not be criminally persecuted
Pass a German language test
Be in possession of a place to live (rented or owned property is acceptable)

7 Economic independence

No investments in companies or properties are necessary

Residence permit (Aufenthaltserlaubnis) in accordance with Section 7 Paragraph 1 of the German Residence Act (AufenthaltsG) and the regulations of the Ministry of the Interior (BMI).

Requirements are individual and are determined on a case-by-case basis. Based on our experience and practice we can highlight the basic criteria and conditions for a positive decision:

– Asset valuation: from €1 million per family member (real estate, business, etc.)

or

– Regular income of €4-5 thousand per month per family member (the total amount may be less)

Depending on the number of family members, the requirements may be less than the total amount. As proof of property and income is possible to attract any legal means, regardless of their origin or location.

The process of obtaining a residence permit in Germany

Forming a package of documents and collecting information to confirm your financial solvency and other positive factors
Submission of the documents to the German mission in your country (embassy or consulate)
Individual review by the German diplomatic mission and the Ausländeramt at the place of intended residence (municipality and region)
After the Ausländeramt has issued a positive decision, the applicant will be issued a three-month national visa
Entry and registration in your own or rented home
If necessary, private health insurance (Private Krankenversicherung) can be applied for immediately. This can also be taken out within a year
Within 1 month: a residence permit card in the EU format (also valid for passports inside Germany)

Extension procedure

Application at the immigration office (Ausländeramt) where you reside
Maintenance of financial security
private health insurance
Your place of residence in Germany – own or rented
New residence permit card issued within 1 month