With a residence permit in accordance with Section 28 of the Residence Act, you, as a family member of a German citizen, can build a secure future in Germany. In this article, you will learn how you can quickly apply for a settlement permit and German citizenship after just three years.
What is Section 28 of the Residence Act?
To begin with, it is important that you understand the meaning and purpose of the residence permit under Section 28 of the Residence Act. The key focus is family reunification with German family members.
Meaning and Purpose of Section 28 Residence Act
Section 28 Paragraph 1 of the Residence Act regulates family reunification with German citizens. This provision enables you as a spouse, unmarried minor children, and parents of minor Germans to obtain a residence permit.
Your residence permit for family reunification with Germans is issued in deviation from the normal requirements for a residence permit according to Section 5 Paragraph 1 Number 1 of the Residence Act. This means that proof that your livelihood is secure is not a requirement.
If you are the parent with custody of an unmarried minor German child, you also do not have to provide proof that you can secure their livelihood if the family already lives in the Federal Republic of Germany.
If you are the spouse of a German, some requirements from the spouse reunification according to Section 28 Paragraph 1 of the Residence Act apply under Section 30 of the Residence Act. These requirements include that both spouses are at least 18 years old (Paragraph 1 Sentence 1), that you can communicate with your German spouse in a simple way (A1 level) in German and that the marital partnership exists.
Advantages of the Application
The application of Section 28 of the Residence Act offers you several advantages, including a faster settlement permit, the requirements for which can be found in Section 28 Paragraph 2 of the Residence Act, and the possibility of applying for German citizenship after just three years.
With the residence permit § 28 AufenthG you not only get a settlement permit quickly, but you can also apply for German citizenship after just 3 years! Christine Schneider, Expert in Immigration Law
Requirements for Applying for a Settlement Permit According to Section 28 of the Residence Act
In order to apply for a settlement permit according to Section 28 of the Residence Act, you must meet certain requirements. These are based on the requirements for the settlement permit according to Section 9 Paragraph 2 Sentences 2 to 5 of the Residence Act. These are crucial in order to successfully complete the process and build a secure future in Germany.
Securing a Livelihood
One of the most important requirements is to be able to secure your livelihood. This means that you must be able to provide for yourself and your family without state aid. This is a standard requirement for issuing a visa. This means that you as a foreigner must secure your livelihood and the rest of the family does not have to do this in addition.
Here are some points to consider:
- Proof of income: Pay slips or proof of income for the last few months.
- Job: A permanent job or stable self-employment.
- No claim to social benefits: You are not allowed to receive benefits such as ALG II.
Sufficient Language Skills
In order to obtain a settlement permit, you must demonstrate sufficient knowledge of the German language. This language knowledge is necessary in order to successfully integrate into Germany and participate in social life.
The requirements include:
- Language certificate: At least level B1 of the Common European Framework of Reference for Languages (CEFR).
- Language courses: Participation in integration courses or other recognized language courses.
To apply for a settlement permit according to Section 28 (2) of the Residence Act, or to extend your residence permit according to Section 28 (1) No. 1, 3 of the Residence Act, you must be able to secure your own livelihood. German family members are not taken into account in this regard. Christine Schneider, Expert in Immigration Law
Naturalization after 3 Years
With the residence permit according to Section 28 AufenthG, you have the opportunity to apply for German citizenship after three years according to Section 9 StAG. In the following section, you will learn more about the requirements and advantages of naturalization as well as changes due to the introduction of the new Naturalization Act.
Requirements for the Naturalization
To apply for German citizenship after three years, you must meet the following requirements as set out in Section 10 StAG:
- Signed declaration of loyalty: You must sign a declaration in which you declare your commitment to the free, democratic basic order of the Federal Republic of Germany.
- Securing your livelihood: You must prove that you are able to secure your livelihood without relying on social benefits.
- Successful naturalization test: This test includes questions on the topics of politics, history, and society in Germany.
- Verified identity: Your identity must be clearly established.
- Legal residence in Germany: You must have been residing legally in Germany for at least three years.
- Language skills: The applicant must prove that he has sufficient knowledge of the German language (B1).
- Immunity from prosecution: There must be no serious criminal record against you.
Advantages of German Citizenship
Naturalization offers you numerous benefits, including:
- Political rights: The right to vote and participate in political decisions.
- Freedom of movement: The ability to move and work freely within the European Union.
- Social security: Access to all social benefits and security systems in Germany.
- Legal security: Full legal protection and rights of the German state.
- Professional opportunities: Access to all professions, including those reserved for German citizens.
Changes Due to the New Naturalization Act
The new naturalization law has been in force since June 27, 2024, and it brings with it some important changes:
- Dual citizenship: It is now possible to retain your home country’s citizenship, provided your home country allows dual citizenship. Giving up your original citizenship is no longer required.
- Facilitating the naturalization process: The process has been simplified to facilitate access to German citizenship and promote integration.
Naturalization with Section 28 of the Residence Act?
Do you have a residence permit under Section 28 of the Residence Act and don’t know whether you can be naturalized? Take our free test! We’ll get in touch with you and show you how to get German citizenship as quickly as possible!
Step-by-Step Instructions for Applying for § 28 AufenthG
To apply for a residence permit under Section 28 of the Residence Act, you must follow a few important steps. This guide will help you understand the process and complete it successfully.
Required Documents
Before you submit your application, you should make sure that you have all the necessary documents ready.
Here is a list of the documents required to obtain a residence permit according to Section 28 of the Residence Act:
- Valid passport: Your current passport or comparable identity document.
- Marriage certificate or birth certificate: Proof of the family relationship to the German citizen.
- Proof of livelihood: Pay slips or proof of income for the last few months.
- Proof of health insurance: Certificate of valid health insurance.
- Proof of living space: Rental agreement or proof of ownership of sufficient living space.
- Language certificate: Proof of German language skills at least at level A1.
Application Procedure
The application for a residence permit according to Section 28 of the Residence Act follows a set procedure. Here are the steps in detail:
- Prepare the documents: Collect all necessary documents and make sure they are complete and up to date.
- Entry with a visa: If the entitlement exists abroad. Submit the application at the German embassy in your country of origin. Travel to Germany with the appropriate visa in accordance with Section 28 of the Residence Act.
- Making an appointment: If you are in Germany, make an appointment with the relevant immigration authority.
- Application: Submit your application together with the collected documents to the immigration office.
- Application fee: Pay the application fee for the initial issue of the eAT. This is 100 euros in accordance with Section 45 of the Residence Ordinance (Aufenthaltsverordnung).
- Processing the application: The authority checks your application and the submitted documents.
- Feedback from the authority: You will receive feedback on the status of your application and, if necessary, further instructions.
Administrative Procedures and Appointments
During the application process, you will have to complete several administrative procedures. Here are some important points to keep in mind:
- Collection of documents: If you are applying from abroad, you must collect the documents to submit to the embassy. If you are in Germany, you must submit the documents to your local immigration office.
- Submission of documents: You may need to submit missing documents or additional information.
- Attendance at appointments: You may be required to attend various appointments for interviews or biometric data collection.
- Processing time: The processing time can vary depending on the individual case and workload of the authorities.
To avoid difficulties in the administrative procedure, you should prepare the documents carefully and plan the appointments well. Christine Schneider, Expert in Immigration Law
Extension of the Residence Permit According to Section 28 AufenthG
If you already have a residence permit under Section 28 of the Residence Act, you may need to extend it. In this section, you will learn more about the process and requirements for extending your residence permit.
Extension Procedure
The extension of your residence permit follows a similar procedure to the initial application. Here are the steps in detail:
- Check the expiration date: Check the expiration date of your current residence permit and plan the extension in good time.
- Appointment with the immigration office: Make an appointment with the relevant immigration office in good time.
- Submission of the application: Submit your application for extension together with the necessary documents to the immigration office.
- Payment of the fee: Pay the fee for the extension of the residence permit. This is 93 euros for the renewal of the eAT for up to 3 months and 98 euros for longer extensions according to Section 45 of the Residence Ordinance.
- Processing of the application: The authority checks your application and the submitted documents.
- Feedback from the authority: You will receive feedback on the status of your application and, if necessary, further instructions.
Required Documents
When extending your residence permit, you will also need to submit certain documents. Here is a list of the required documents:
- Valid passport: Your current passport or comparable identity document.
- Proof of livelihood: Pay slips or proof of income for the last few months.
- Proof of health insurance: Certificate of valid health insurance.
- Proof of living space: Rental agreement or proof of ownership of sufficient living space.
- Current residence permit: Your current residence permit.
Attention: If you apply for a settlement permit according to Section 28 Paragraph 2 of the Residence Act, you must also submit proof of sufficient knowledge of the German language at B1 level and proof of at least 60 months of compulsory or voluntary contributions to the statutory pension insurance. Christine Schneider, Expert in Immigration Law
Common Difficulties and Solutions for Section 28 of the Residence Act
The application for a residence permit under Section 28 of the Residence Act can present some difficulties. Here are some common problems and solutions:
Proof of Language Skills
Problem: Insufficient knowledge of German to meet the language requirements.
Solution: Attend recognized language courses or integration courses to improve your language skills and obtain the necessary language certificates.
Proof of Livelihood
Problem: Difficulty providing proof of sufficient income or securing a livelihood.
Solution: Find a permanent job or stable self-employment and collect all necessary documents such as pay slips or proof of income.
Administrative Procedures
Problem: Delays in the processing of the application or difficulties in making appointments with the immigration office.
Solution: Plan the application process well in advance and make appointments with the immigration office in good time. Prepare the documents carefully and ensure that they are complete and up to date.
Conclusion
Applying for a residence permit under Section 28 of the Residence Act offers you many advantages and can be a big step toward a secure future in Germany. By carefully preparing the necessary documents and following the application procedure, you can successfully obtain your residence permit and benefit from the opportunities it offers.
