Status of Residency

Most of time we differentiate between unlimited and limited status of residency. The following are limited status of residency: 12

The visa

One applies for a visa to legally enter Germany from a foreign, non-EU-country. The visa is valid for a short period of time and therefore not suitable for a long-term stay.

The residence permit
The residence permit is temporary. One can apply for it at the Department of immigration. The reasons for applying for it are: an apprenticeship, a job, because of political, social and humanitarian circumstances, family-related circumstances.
The blue card
Applies to foreign employees of German enterprises. The blue card makes a stay of up to four years possible. The basis for this is a university degree recognized as valid by the German state, identifying the applicant as especially qualified.

The following are unlimited status of residency:

Permanent residence permit

The permanent residence permit is temporarily and locally unlimited and gives the person concerned the opportunity to practise their profession.

Requirements for this are:

  • …that the person is at least five years in Germany and has a residence permit (refugees sometimes have to fulfil only three consecutive years, if the reasons for their entry are still prevailing)
  • they have a permanent housing situation
  • they did not commit crimes
  • they have a basic knowledge about the German language
  • the know their way around the German legal system and the principles of the German society
Permanent EU residence
The basis for this is, that an applicant is in the eyes of the German state economically and socially well integrated. What differentiates the permanent EU residence most form the permanent residence permit is, that after the receipt one can move permanently to another EU-country. Requirements are…

  • a firm grasp on the German language
  • a steady, regular and adequate livelihood (enough to provide for possible family members, too)
  • knowledge of the German legal system and society
  • no committed crimes
  • residence in Germany for at least five consecutive years

Status of residency for refugees and asylum seekers

The BAMF differentiates between the following four status of residency:

Permission to remain
While waiting for the outcome of the asylum procedure, asylum seekers are given a Aufenthaltsgestattung. That means, that they are allowed to reside and work in Germany for the duration of the asylum procedure if they comply with certain regulations.
Exceptional leave to remain
If a refugee is not part of the asylum system anymore or if the the application for asylum was denied but the deportation suspended he/she can get an exceptional leave to remain.
Residence permit
If at the end of the asylum process the application is approved, the asylum seeker is granted the residence permit.
If you want to inform yourself about the legal framework, read §25, §44 and §60 of the Aufenthaltsgesetz as well as §55 of the Asylgesetz.

Footnotes

  1. http://www.jga.uni-jena.de/Promovierende/Internationale+Mobilit%C3%A4t/Ankunft+in+Deutschland/F%C3%BCr+Nicht_EU_B%C3%BCrgerinnen+und+_B%C3%BCrger/Nach+der+Einreise/Die+verschiedenen+Arten+des+Aufenthalts+in+Deutschland.html
  2. https://www.studentenwerke.de/sites/default/files/uebersicht_aufenthaltsstatus_rechtsfolgen.pdf

Project Partners

Casework is a cooperation between the Innovation in Learning Institute (ILI), the ECC Association for Interdisciplinary Consulting and Education, the INTRGEA Institute for Development of Human Potentials, and Oxfam Italy. More info…