Niederlassungserlaubnis Erteilung für Inhaber einer Aufenthaltserlaubnis als anerkannte Asylberechtigte oder Flüchtlinge

• Section 26 paragraph 3 Residence Act (AufenthG)
  https://www.gesetze-im-internet.de/aufenthg_2004/__26.html
• Section 23 paragraph 4 Residence Act (AufenthG)
  https://www.gesetze-im-internet.de/aufenthg_2004/__23.html
• Section 9 paragraph 2 sentence 1 numbers 4 to 6, 8 and 9, sentences 2 to 6, paragraph 3 sentence 1 and paragraph 4 Residence Act (AufenthG)
  https://www.gesetze-im-internet.de/aufenthg_2004/__9.html

If you are a recognised asylum seeker, a refugee under the Geneva Convention or a resettlement refugee, you can, under certain conditions, receive a permanent settlement permit after three or five years.

As a recognised person entitled to asylum, a refugee under the Geneva Refugee Convention or a resettlement refugee, you can receive a permanent residence permit (so-called settlement permit) under simplified conditions after three or five years.

If you are under 18 years of age, please first find out about the service “Issuance of a settlement permit for underage children”, which is granted on the basis of Section 35 of the Residence Act (see notes).

• Application via the online service Residence Permit Hamburg
• Employment or extension contract
• current certificate from the employer
• last 12 pay slips
• Certificate “Living in Germany”
• Language certificate
• current pension insurance history from the German Pension Insurance
• Rental agreement + current rent

• You are in possession of a valid residence permit as:
  • recognised asylum seeker (Section 25 Paragraph 1 of the Residence Act),
  • recognised refugee under the Geneva Refugee Convention (Section 25 Paragraph 2 Sentence 1, 1st Alternative of the Residence Act) or
  • Resettlement refugee (Section 23 Paragraph 4 of the Residence Act).
• You have held a residence permit for at least five years (periods of asylum proceedings are taken into account).
• The reasons for your recognition as an asylum seeker or refugee still exist.
  Please note: The BAMF will check three years after recognition to see whether the reasons for recognition may no longer apply. In the case of asylum decisions from 2015, 2016 or 2017, the BAMF must have explicitly informed you that the conditions for revocation or withdrawal are not met so that you can assume that your residence status will continue.
• If you wish to obtain a permanent residence permit after three years:
  • You have a good command of the German language (level C1),
  • You and your spouse or life partner can generally cover more than 75% of the living expenses for yourselves and your household family members without having to rely on public benefits.
• If you wish to obtain a permanent residence permit after five years:
  • You have sufficient knowledge of German (level A2),
  • You and your spouse or life partner can generally cover more than 50% of the living expenses for yourselves and your household family members without having to rely on public benefits.
    Please note: This requirement is waived if you have reached retirement age.
• You have a permanent work permit.
  Please note: In a marriage or registered civil partnership, it is sufficient if the partner has a work permit.
• If you work in a regulated profession, you must have the necessary professional qualifications (e.g. license to practice medicine or professional permit).
  Please note: In a marriage or registered civil partnership, it is sufficient if the partner has permission.
• You have basic knowledge of the German legal and social system.
  Please note: Orientation courses offered by the BAMF provide this knowledge.
• You have sufficient living space for yourself and your household family members.
• You have adequate health insurance.
• You have no previous convictions.
• There is no interest in deporting you.

• The settlement permit must be applied for before your current residence permit expires.
• Find out whether your immigration authority allows you to submit your application online or whether it has a special application form.
• If the application can only be submitted in person, make an appointment at the immigration office. If you apply online, the immigration office will contact you after receiving your application to make an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents, preferably in the original, with you to the appointment).
• If your application is approved, your fingerprints will be taken to produce a settlement permit in the form of a new electronic residence permit (eAT card).
• The immigration authorities commission the Federal Printing Office to produce the eAT card. Once the process is complete, you will receive information and can collect the eAT card from the responsible office. The eAT card must always be collected in person.
• If your application is rejected, you will receive a rejection notice.

• The processing time usually takes 6 to 8 weeks and also depends on the completeness of the customer's documents. If documents are missing, the processing time will be extended.
• It takes about 4 to 6 weeks for the Federal Printing Office to produce the electronic residence permit.

• The application should be received by the immigration authorities at least 6 to 8 weeks before the current residence permit expires.
• The settlement permit is issued for an unlimited period. Only the electronic residence permit (eAT card) is issued for a limited period and must be renewed after the expiry of its validity.

• Settlement permit issued to holders of a residence permit as recognized asylum seekers and refugees.
• The permanent settlement permit is granted after three or five years of holding a residence permit as an asylum seeker or recognized refugee (including resettlement refugees).
• Reasons for previous eligibility for asylum or refugee status must still exist (the Federal Office for Migration and Refugees must not have notified you that your residence status has been withdrawn or revoked).
• Basic knowledge of the legal and social order and living conditions in Germany is required.
• Adequate living space is required for family members living in the household.
• Permits for permanent professional practice are required (can also be presented by the spouse or life partner).
• There must be no previous convictions.
• After three years of residence:
  • More than 75% of living expenses (including health insurance) must be covered by own resources
  • Knowledge of German at least at level C1 required.
• After five years of residence:
  • More than 51% of living expenses (including health insurance) must be covered by own resources
  • Knowledge of German at least at level A2 required.
• Responsible authority: the immigration authority responsible for the place of residence of the applicant.