Right of residence and right of abode for citizens from third countries

You will receive a temporary residence permit if you want to work or take up training in Germany. It is also issued if you immigrate to Germany for family reasons in accordance with §§ 27-36 or if you return to Germany as a former German citizen in accordance with §§ 37, 38.

If you enjoy a permanent right of residence in another EU member state and come to Germany, you will also be issued a temporary residence permit in accordance with § 38a.

It also applies to all people who are entitled to stay in Germany for the time being for international, humanitarian or political reasons in accordance with §§ 22-26 of the Residence Act.

The temporary residence permit only entitles the holder to work in Germany if this is expressly stated on the permit. A residence permit can be reapplied for before it expires. As long as the initial situation remains unchanged, a temporary residence permit will be issued again.

In order to facilitate and promote the migration of highly qualified people, the EU Blue Card was created as a residence permit for people with academic or equivalent qualifications.

If you enter Germany with a visa for the purpose of gainful employment, you can apply for the EU Blue Card at the immigration office before it expires.

Anyone coming to Germany from New Zealand, Australia, Canada, the United States of America, Israel, Japan or the Republic of Korea without a visa must apply for the EU Blue Card within the first 3 months of their stay. Only then may you start the relevant work.

If you receive the EU Blue Card for the first time, you will receive a residence permit for a maximum of 4 years. There are several conditions attached to the issue of the card:

1. You must have a German or recognized foreign or comparable foreign university degree.
2. You must already have an employment contract or a binding job offer. You can pursue any qualified employment.
3. You must earn a minimum annual gross salary of 43,800 euros.

You do not need to provide proof of German language skills. If your employment contract is for a shorter period than 4 years, the residence permit will be limited to the duration of the contract plus 3 months.

The EU Blue Card grants you extended mobility within the EU and additional benefits for family reunification. As an EU Blue Card holder, you can obtain easier access to a settlement permit.

If you hold an EU Blue Card in another EU member state, you may enter Germany without a visa for highly qualified employment and must apply for an EU Blue Card for Germany within your first month of residence.

Further information on the EU Blue Card can be obtained from your local immigration authority or the Federal Office for Migration and Integration.

The permanent EU residence permit is essentially the same as a settlement permit. In addition, it grants you the right to be issued a temporary residence permit in other EU member states to a certain extent.

The settlement permit and EU permanent residence permit are on an equal footing and you can generally hold both residence titles.

To successfully apply for an EU permanent residence permit, you must meet the following requirements:

1. You have held a valid residence permit for 5 years.
2. Your livelihood and that of your dependents is secured.
3. You have paid pension insurance contributions for at least 60 months.
4. You have sufficient knowledge of German.
5. You have a basic knowledge of the German legal and social system.
6. You have not committed any criminal offenses.

A settlement permit serves to consolidate residence in Germany and can be obtained by citizens of any country that is not a member of the EEA.

The settlement permit is only issued on application. It entitles the holder to take up gainful employment and may not be subject to any ancillary provisions.

It is valid indefinitely and is issued after 3 or 5 years of residence with a residence permit if further requirements are met. Exceptions are permitted for minors, trainees and students, sick persons, disabled persons and spouses. Stays for the purpose of training are not fully counted.

The following general requirements must be met for a permit to be issued after 5 years:

1. You have been living in Germany for 5 years with a residence permit.
2. There is no reason for deportation.
3. You have been paying pension insurance contributions for at least 60 months and the livelihood of your community of need is not only temporarily secured on a predominantly independent basis.
4. You have sufficient living space for yourself and for family members who live with you.
5. You have at least B1 level German language skills.
6. You have a basic knowledge of the legal and social order and living conditions in Germany.
7. There are no reasons of public safety or order to prevent your application.

In rare cases, the permit may be issued after 3 years if the following special conditions are met:

1. You have been living in Germany for 3 years with a residence permit or
2. You have been living together with a German in a family partnership for at least 3 years without interruption and this partnership continues to exist or
3. You are entitled to asylum or are a recognized refugee and are particularly well integrated both economically and linguistically.
4. There are no grounds for deportation against you.
5. You have sufficient knowledge of the German language.
6. You are able to support your family independently.

Highly qualified persons may be granted a settlement permit sooner or even immediately if they have outstanding skills.

As a holder of an EU Blue Card, you can obtain a settlement permit if you meet the general requirements and have been employed as a highly qualified person for more than 33 months.

During this time, you should have made pension insurance contributions. If, as a highly qualified person, you can also prove that you have at least B1 level language skills, you can be granted a settlement permit after just 21 months.

Skilled workers can apply for a settlement permit after just 4 years.

Please note that a settlement permit cannot be issued solely on the basis of a period of study. A settlement permit can only be issued during your training or studies if you have already resided in Germany and therefore meet all the requirements. However, the period of your legal residence for the purpose of studying will be counted proportionately towards the required period with a residence permit.

As a graduate of a German university or vocational training course, you may have shorter deadlines for obtaining a settlement permit.

You are already eligible if you have been working in an appropriate job for at least 2 years after graduation and have a residence permit for employment, an EU Blue Card or a residence permit for the purpose of self-employment.

You must be able to prove that you have made pension insurance contributions for 24 months and earn a minimum annual salary. You should also have basic language skills at level B1.

If your family members do not establish an independent right of residence, their stay in Germany essentially depends on your living situation and your right of residence as a parent.

The right of residence for your family members is then only valid for as long as your residence is permitted.

The residence permit for family reasons for your family members is issued for a limited period of time and can be extended.

When the permit is first issued, it will be checked whether your family members are entitled to attend an integration course.

In Jena, the Immigration Office is the point of contact for a residence permit for family reasons and also for all changes affecting residence law.

You can find more information on family immigration in the Family section.