Residence permit in Germany – types, requirements and extension
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What foreign nationals need to know about residence permits, extensions and the path to a permanent residence permit
The residence permit is the most common residence title for foreigners in Germany. It entitles the holder to a temporary stay for a specific purpose – work, study, family reunification, or humanitarian reasons. Rogert & Ulbrich advises foreign nationals on applying for, extending, and converting residence permits, as well as on rejection and revocation proceedings.
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3What is a residence permit?
Legal basis
A residence permit is a temporary residence title under Section 7 of the German Residence Act (AufenthG). It is granted for a specific purpose of stay and is limited to that purpose. Anyone wishing to remain in Germany for a different purpose must generally submit a new application.
The residence permit must be distinguished from other residence titles: A visa is valid for short stays of up to 90 days. A settlement permit is an unlimited residence title without any specific purpose. The EU long-term residence permit is equivalent to the settlement permit at the EU level. The EU Blue Card is a special residence title for highly qualified professionals from third countries.
Non-EU citizens generally need a residence permit to stay in Germany for more than 90 days. EU citizens enjoy freedom of movement and do not need a residence permit – the Freedom of Movement Act/EU applies to them.
Are you unsure which residence permit you need or whether your current permit covers your purpose of stay? Rogert & Ulbrich will clarify your situation and advise you on the best next steps.
We will take care of your case – quickly & with commitment.
Types of residence permit
Work, studies, family and humanitarian reasons
The German Residence Act (AufenthG) provides for residence permits for various purposes. Choosing the right permit is crucial, as it determines the scope of permitted activities.
- Residence permit for employment purposes: For skilled workers (Sections 18 et seq. of the Residence Act), self-employed persons (Section 21 of the Residence Act) and ICT seconded workers (Section 19 of the Residence Act). Since the reform through the Skilled Immigration Act 2020 and its amendment in 2023, the access routes for skilled workers have been significantly facilitated.
- EU Blue Card: For university graduates with an employment contract whose salary exceeds a certain minimum level. The Blue Card allows for a permanent residence permit after 27 months (or after 21 months with good German language skills).
- Residence permit for study purposes: For students enrolled at German universities (§ 16a AufenthG). It entitles them to limited part-time employment. After graduation, a residence permit for 18 months can be granted for job searching.
- Family reasons: Family reunification (Sections 27 et seq. of the Residence Act), family reunification with children, and family reunification with German citizens. For family reunification with spouses of third-country nationals, German language skills at level A1 are generally required.
- Humanitarian reasons: For recognized refugees under Section 25 of the Residence Act, persons entitled to subsidiary protection and persons for whom there are obstacles to deportation.
Rogert & Ulbrich will determine which residence permit is best suited to your specific situation and how to successfully submit an application.
Requirements for granting and extending
what the authorities are checking
The following general requirements must usually be met for the granting of a residence permit (§§ 5, 7 AufenthG):
- Secure livelihood: The applicant must be able to secure their livelihood without recourse to public assistance. Exceptions apply for certain family members and in humanitarian cases.
- Verified identity and nationality: Valid travel documents are generally required. Exceptions apply in cases of passport loss or impossibility of issuing a passport.
- No interest in deportation: Criminal convictions can preclude a residence permit. This depends on the severity of the offense and the sentence.
- Entry with the correct visa: Those who have entered the country without the required visa are generally not entitled to a residence permit. Exceptions exist for EU citizens and in certain family reunification cases.
When processing extension applications, the authority also checks whether the original purpose of the stay still exists and whether the extension requirements are met.
Rogert & Ulbrich prepares applications completely and accompanies clients through communication with the immigration authorities.
residence permit
the path to permanent residence
The permanent residence permit is the central goal of many residence permit holders: it is indefinite, not tied to a specific purpose, and guarantees permanent residence in Germany. It is also an important prerequisite for later naturalization.
The general requirements according to § 9 AufenthG: at least five years of legal residence in Germany, secured livelihood, 60 months of compulsory contributions to the statutory pension insurance, sufficient knowledge of German (B1 level), basic knowledge of the legal and social system and no serious criminal record.
For certain groups, there are shorter waiting times: Holders of an EU Blue Card can apply for a permanent residence permit after 27 months, or after 21 months if they can prove they have German language skills at level B1. Highly qualified professionals may, under certain circumstances, receive a permanent residence permit immediately (§ 18c AufenthG).
Rogert & Ulbrich will review your individual eligibility for a residence permit and prepare the application professionally.
Residence permit refused or revoked
A refusal or revocation of a residence permit is a serious intervention against which legal remedies are possible.
An appeal can be lodged against a rejection – provided the respective federal state still has an appeal procedure – or a lawsuit can be filed directly with the administrative court. At the same time, an application for suspensive effect can be submitted to prevent deportation during the proceedings.
Common reasons for rejection include formal errors in the application, missing documentation, insufficient German language skills, doubts about securing one's livelihood, or criminal records. Many of these rejections are contestable if fully documented.
Inaction by an authority – if an application is not decided upon within a reasonable time – can be challenged by filing an action for failure to act with the administrative court. Rogert & Ulbrich has experience with such actions in naturalization and residency proceedings.
Has your application been rejected, or is a revocation pending? Act quickly – deadlines for appeals and legal action are short. Rogert & Ulbrich will review the reasons for the rejection and recommend the next steps.
Residence permit and naturalization
the connection
In most cases, a residence permit is the first step towards naturalization. Those seeking German citizenship must generally first have legal and habitual residence in Germany.
According to Section 10 of the German Nationality Act (StAG), naturalization requires, among other things, that the applicant has resided lawfully and habitually in Germany for at least five years and possesses an unlimited right of residence. A settlement permit directly fulfills this requirement. A temporary residence permit may suffice if it is intended for permanent residence.
The quality of one's residency status therefore has a direct impact on the prospects for naturalization. Rogert & Ulbrich plans residency procedures strategically with regard to the long-term goals of their clients – including naturalization.
Do you want to stay in Germany long-term and aim for citizenship? Rogert & Ulbrich advises you on a step-by-step path from residence permit to settlement permit and naturalization.
FAQs – Frequently Asked Questions about Residence Permits
Rogert & Ulbrich – Your lawyers in immigration law
Rogert & Ulbrich is a Düsseldorf-based law firm specializing in immigration law. Dr. Marco Rogert and Tobias Ulbrich advise foreign nationals on all matters relating to residence permits, settlement permits, EU Blue Cards, family reunification, and naturalization. The firm's multilingual team communicates in German and English and supports clients from various countries of origin.
Rogert & Ulbrich assists clients from the initial application through renewals to permanent residence permits and naturalization. The firm represents clients in cases of rejections, appeals, and lawsuits before administrative courts, as well as in actions for failure to act against negligent authorities. Correspondence with authorities, document review, and attendance at appointments are all part of the service.
Do you want to apply for, extend, or appeal a rejection of your residence permit? Get in touch and secure your rights.
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