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South Africans in Germany

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    Permanent Residence

    A permanent residence in Germany is called a Niederlassungserlaubnis and may be granted as a Settlement permit or Permanent EC residence permit.

    Very important!! Your residence card has an expiration date that corresponds to your passport.
    Your residence card is linked to your passport number see the PASS field. See the remarks section on the card as well as nr. 7 below. 
    Germany has a “Passpflicht” law.

    1. Photo
    2. Symbol for the electronic CHIP
    3. Surname and Names
    4. Your Aufenthalts number
    5.  Your Nationality /”Staatsangehörigkeit”
    6. your date of birth
    7. The valid date for the Card, not your residence. This is usually linked to the validity of your passport.
    8. CAN
    1. Your birthplace.
    2. Registered Domicile/address
    3. The competent Ausländerbehorde 
    4.  Online-Ausweisfunktion logo
    5. Machine code

    Residence Title vs Residence Card

    A residence title is a general legal term for any official document that grants a foreign national permission to reside in Germany for a specific period and purpose. These include Temporary residence permits (Aufenthaltserlaubnis) and Permanent residence permits (Niederlassungserlaubnis)

    A residence card is proof of your residence title. It is used to identify you You can use it for online identification on official websites if your card allows it.

    • The validity of your residence title (Aufenthaltserlaubnis) may extend beyond the expiration of your passport. A temporary residence title has a specific expiration date, while a permanent residence title remains valid as long as you continue to meet the necessary conditions, such as not being absent from Germany for more than 6 months within a 12-month period.
    • The validity of your electronic residence card (eAT) will never exceed the validity of your passport. Since the card is linked to your passport, it becomes invalid when your passport expires. The card serves as proof of your residence title, but this does not mean your residence title itself becomes invalid—only the official proof of it does.

    Who qualifies

    The requirements for obtaining permanent residence in Germany differ based on your specific category. For the most accurate and up-to-date information, please visit the Make it in Germany website.

    Skilled professionals (persons who have completed academic or vocational training, EU Blue Card Holders and international researchers)

    • You have been the holder of a residence permit in accordance with Sections 18a, 18b, 18d or 18g AufenthG (German Residence Act) for at least three years (36 Months).
    •  You are able to cover your costs of living without using public funds.
    •  You have paid at least 36 months of mandatory or voluntary contributions to the statutory pension insurance fund.
    •  You are employed at a job for which you are qualified or that adequately suits your qualifications.
    •  You possess sufficient knowledge of the German language (B1 level in accordance with the Common European Framework of References for Languages (CEFR)) as well as knowledge of the legal and social order and of the German way of life. This can be proved by way of passing the “Life in Germany” test.
    •  You have enough living space for yourself and your family members.

    EU Blue card holders

    Blue card holders qualify after they have been employed in a qualified job for at least 27 months

    • You have been employed in a qualified job for at least 27 months during which you made monthly contributions to the statutory pension insurance fund.
    • You possess a basic command of the German language (A1 level in accordance with the Common European Framework of Reference for Languages (CEFR)). For persons who can provide proof of German language skills at the B1 level, the required time of 27 months can be reduced to 21 months.
    • You have basic knowledge of the legal and social order in Germany. This can be proved by way of passing the “Life in Germany” test.
    • You can provide proof of adequate living space.

    Those who have completed  university or vocational training in Germany

    • Have you completed university or vocational training in Germany? Special conditions also apply to you when it comes to applying for a settlement permit.
    • You have held a residence permit for the purpose of employment as a “qualified professional” for at least 2 years (Residence permit in accordance with Sections 18a, 18b, 18d or 18g AufenthG (German Residence Act)).
    • You have a job that your residence permit allows you to do.
    • You have paid into the statutory pension insurance fund for 24 months.
    • You can demonstrate German language skills at level B1 of the Common European Framework of Reference for Languages (CEFR) and have a basic knowledge of the legal and social system and way of life in Germany. This is usually proven by the “Life in German” test.
    • You can provide proof of adequate living space.

    Highly qualified professionals

    • In individual cases, highly qualified professionals can receive a settlement permit under Section 18c (3) AufenthG (German Residence Act) straight away without having to first spend a set amount of time in Germany.
    • For example, if you are a scientist with special technical knowledge or a teacher in a high-level position, you can obtain a settlement permit immediately upon entering Germany.
    • Important:
    • You must be able to provide proof of academic training and It must be correct to assume that you can integrate into the German way of life and that your living costs will be covered without having to use public funds.
    • It is a good idea to gather the required documents before entering Germany to be able to immediately obtain your settlement permit.

    Self-employed persons

    • If you have held a residence permit for self-employed work in accordance with Sect. 21 AufenthG (German Residence Act) for three years, you may request to obtain a settlement permit (Sect. 21 (4) AufenthG (German Residence Act)). To obtain the settlement permit, you must fulfil the following requirements:
    • At the time of the application, you are the holder of a valid residence permit enabling you to be self-employed.
    • You must have been self-employed for three years.
    • The work you are currently doing gives reason to expect that it will continue to develop in a sustainable way, given the success and longevity of your business activities.
    •  You can provide proof that you and your family members are able to permanently cover your costs of living.

    Family members of a German national

    • You will receive your settlement permit if you have held a residence permit for three years, the family unit continues to exist in Germany and you have sufficient knowledge of German.

    Einbürgerungstest and Leben in Deutschland

    In most scenarios, you need to pass the Leben in Deutschland test to qualify for permanent residence

    Einbürgerungstest and Leben in Deutschland

    Einbürgerungstest and Leben in Deutschland If you’re planning your future in Germany, you’ve probably come across the Leben in Deutschland (LiD) test and the Einbürgerungstest. At first glance, they seem almost identical—and in many ways, they are. Both tests assess your knowledge of Germany’s legal system, society, history, and values. However, they serve different purposes and are often required at different stages of your journey in Germany. The important difference is why you’re taking the

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    Changing Jobs with a Temporary Residence Permit (Aufenthaltstitel)

    If you’re considering changing jobs while holding a temporary residence permit (Aufenthaltstitel), it’s generally allowed, but there are important factors to keep in mind.

    • If your new job is in a different town or state, you must obtain permission to work there from your local Ausländerbehörde (Foreigners’ Office)
    • .If you have a specific type of residence permit, such as a Blue Card, your new job must meet the same conditions as your current one, including salary thresholds and qualifications
    • You cannot apply for permanent residence while still in the probation period of your new job.

    Absences abroad

    As a rule, a residence title expires if its holder remains abroad for more than six months without interruption (section 51 subsection (1) No. 6 & 7 of the Residence Act). 

    Here is a summary of the key points; for detailed information, please refer to the official websites.

    • A German permanent residence permit becomes invalid 6 months after leaving Germany. 
    • An EU Permanent residence becomes invalid 12 months after leaving Germany

    What is § 51 Abs. 1 Nr. 6 & 7?

    This part of the law says that a residence permit usually expires automatically under certain conditions, specifically:

    • Nr. 6: If the person leaves Germany for more than 6 months or moves to another country permanently.
    • Nr. 7: If the person returns to their home country and stays there for an extended time, their permit may also expire, especially if it’s seen as “giving up” residence in Germany.

    In special cases, you may be granted an extension to stay outside Germany for a longer period, but you must apply in advance.

    If you plan to be abroad for an extended time, you’ll need a re-entry certificate from your local Foreigners Office (Ausländerbehörde) before you leave Germany.
    This certificate cannot be issued once you’ve already left the country, so it’s essential to communicate your travel plans ahead of time.
    Common reasons for long absences might include, for example, caring for an elderly or dependent parent in South Africa.

    Below is an example of wording of such an extension/exemption where the Bescheinigung or letter is confirming that your residence permit will NOT expire, despite what is stated in § 51 (1) No. 6 and 7. In other words:
    You’re allowed to stay outside Germany longer than 6 months (e.g., for a visit to South Africa), without losing your German residence permit.

    Special rules for Absences:

    EU Blue Card

    Blue-Card holders and their family members are allowed absences of less than 12 months without affecting the Blue Card’s validity.

    Settlement Permit
    Your settlement permit stays valid
    a) if you are the spouse or registered partner of a German national. In this case, you have to make a joint statement, that your marriage or registered partnership continues to exist while abroad and after returning to Germany.
    b) if you are 60 years or older, have legally resided in Germany for 15 years and return to Germany within 12 months. The same applies to the settlement permit of your spouse or registered partner if they are also 60 years or older.
    c) if you have legally resided in Germany for 15 years and have sufficient means of subsistence after re-entry. In this case, the settlement permit of your spouse or registered partner also stays valid.

    EC Permanent Settlement Permit
    An EC Permanent Settlement Permit for Germany expires
    a) if you live in the United Kingdom, Ireland, Denmark or outside the European Union for more than 12 consecutive months (for prior holders of a Blue Card: for more than 24 successive months)
    b) if you live in another EU Member State (with the exception of the United Kingdom, Ireland, and Denmark) for more than six consecutive years.

    References

    Updating Your Residence Card When You Get a New Passport

    If you’ve recently received a new passport, it’s important to apply for a new residence card as soon as possible. Your residence card is linked to your passport, and updating it ensures your legal status in Germany remains valid.

    Residence card expired

    If you are a foreign national residing in Germany, it is important to note that your residence card has a validity date that is usually linked to that of your passport. In the event that your card has expired or has been lost, it is imperative to apply for a new residence card as soon as possible. However, the process of obtaining a new card may take some time and you may be left without a valid document during this period.

    To avoid any potential issues, it is advisable to apply for a Fiktionsbescheinigung (Fortgeltungsfiktion),  this is temporary proof of German Residence, while you wait for your new residence card. This document will serve as temporary proof of your right to reside in Germany and will prevent any undue inconvenience that may arise from a lack of valid documentation.

    Temporary proof of German Residence

    Temporary proof of German Residence To stay in Germany longer than 90 days in a 180 period, you will need a residence permit. Qualifying for a residence permit will depend, among other things, on the type of visa you applied for. Your long-stay visa allows you to travel to Germany. Within two weeks after arrival in Germany, you need to register at your local town office and  Immigration authority. See Registering at the local town office.

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    Resources on the web

    Vocabulary

    English Term German Term
    Permanent Residence Permit Die Niederlassungserlaubnis
    Residence Permit Der Aufenthaltstitel
    Visa Das Visum
    Blue Card Die Blaue Karte

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