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Settlement Permit after Other Humanitarian Residence

GermanyLong-term residence

Explore the five recorded questions, answers and sources for this pathway.

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What exact status does accumulated residence lead to?

A settlement permit (Niederlassungserlaubnis), an open-ended residence title, may be granted to a holder of a humanitarian residence permit (Part 5 of the Residence Act) who meets the section 9(2) conditions.

See recorded sources

What qualifying residence period is required and when does the period begin?

Five years of holding a residence permit (section 9(2) no. 1), plus at least 60 months of statutory pension contributions or comparable provision.

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Which types of residence count fully, partially or not at all where the official rules specify this?

Time spent in the asylum procedure preceding the residence permit counts towards the period. Also credited: earlier residence/settlement permit time if a settlement permit was held on departure (max four years, minus the stays abroad that ended it), and lawful residence for study or vocational training at half.

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What absence/continuity rules affect accumulation of the qualifying residence period?

Each stay abroad that did not cause the residence permit to lapse counts for at most six months. The permit lapses on non-temporary departure or if the holder does not return within six months (or a longer period set by the authority); it also lapses if the holder of a section 22, 23 or 25(3)-(5) permit files an asylum application.

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What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?

Grant is discretionary ("kann") and requires, among the section 9(2) conditions, secured livelihood, sufficient German, basic knowledge of the legal and social order and sufficient housing; the language and knowledge conditions, and the livelihood and pension conditions, are waived where illness or disability prevents meeting them. For spouses living together, the pension, employment-permission and professional-permit conditions may be met by one spouse. Section 35 may be applied to children who entered before 18. The settlement permit lapses if the holder leaves for a reason that is not temporary.

See recorded sources

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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