Permanent residence for immigrants under Article 22

Annimousse • 24 May 2023

Dear Sir/Madam,

If someone has received resident permit in Germany under Article 22, can he apply for permanent resident after 5 years (if he has passed B1) or as well he can apply after 3 years (if he has C1 certificate)? If he can, please tell me what he would need more in these conditions? And what are the requirements for Deutsch Pass? Thanks in advance for your cooperation and kind information.

Kind regards

 

Kategorie
Residence permit

Answers (5)

Moderation

Dear Annimousse,

thank you for posting your question on our forum.

The general requirements for a permanent residency include, as you rightly mentioned, proof of B1 German level. Usually you can only obtain it after 5 years, because you need to proof that you have made contributions to the pension insurance for at least 60months.

There are some exceptions for example if you are a Blue Card holder. You can read more about the requirements HERE .

But generally these are the conditions:

• You must be able to secure a living for yourself (and your family) independently, i.e. you are not allowed to receive any money from the Job Centre or Social Welfare Office.
• You must have made pension insurance contributions for at least 60 months. The amount of contributions does not matter. Learn more in our chapter Retiring in Germany
• You must have enough living space for yourself and your family. Note: The standard size varies from state to state - ask the staff at the Immigration Office or a counselling centre nearby for more information.
• You must have a work permit.
• You must have successfully completed the orientation course. Find out more in our chapter Integration Course
• You must not have committed any major offences (Minor convictions with fines of up to 90 days of income or suspended sentences of up to three months do not affect your case)

Once you fulfill these requirements you can apply for a permanent residency at you local immigration office. If you wish you can also seek migration counseling for further advice. You can use this search engine: https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/

As you can see the hurdles can be quite high, especially the proof of enough income and the contributions to the pension can be a hurdle. However, don't be discouraged. I am happy to answer any further questions and the migration counseling center near you can also provide assistance.

The requirements for a German Passport can be found here: https://handbookgermany.de/en/citizenship

Please note the requirements for the German Passport are likely to change in the near future, we will update our information accordingly.
I hope this information was useful, if you need any information, please let me know.
Always happy to help.

Best wishes
Yara

Annimousse

Thank you so much for such wonderful information. Would please give me some information about, if the pension insurance contribution (60 months) a part by Jobcenter and then for some times it was cover by applicant? And the time when applicant give application, he cover all his experiences and is out of Jobcenter aids but during these 60 monts he was like for 30 months with Jobcenter. Either if possible, please give a some information about C1 program (Deutsch Pass in3 years), that what are the requirements for this offer?
I am glad for your reply.
Kind regards
Javeed

Moderation

Hi Annimousse, thank you for your important follow up question.

Unfortunately, if you solely receive benefits from the job center, you are not contributing to the pension insurance. If you work, for example a mini job. Then you can pay into the pension insurance.
The usual regulation is 60months. Therefore, if you apply for the permanent residence permit and can only proof 30months of contribution, the immigration office will likely reject your application. To directly help you with filing the application, please contact a migration office in your area.

Regarding your second question: Currently, the regulation is that you can receive a German passport is within 8 years. There are cases where one can receive it in 6 years. For more information, please read our chapter on Naturalization: https://handbookgermany.de/en/citizenship

The current parliament still needs to discuss the new law, for becoming a citizen in 3 years. This however, is not yet final. Once the law passes, we can provide you with more information on the regulation of obtaining a citizenship within 3 years. What will remain a requirement is the need to proof that one can provide for their own livelihood. This means that one cannot receive benefits from the job center.

If you have any further questions please let me know. We will provide information on the new law as soon as possible.

Best wishes
Yara

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