Are you aiming for a Settlement Permit in Germany but haven’t completed 60 months of compulsory pension insurance contributions? Don’t worry—there are several exceptions and simplified options that can help you achieve your goal. This guide, brought to you by Jaberi Lawyers, outlines the alternatives to the 60-month rule and provides step-by-step instructions on how to proceed.
What is a Settlement Permit?
A Settlement Permit grants permanent residence in Germany, allowing you to enjoy numerous rights and privileges. Typically, one of the key requirements for obtaining this permit is contributing to the statutory pension insurance system for at least 60 months. But exceptions exist, and we’re here to explain how you can still secure your permit without fulfilling this condition.
Let’s dive into the legal basis for the Settlement Permit and how it differs from a standard residence permit.
The Legal Foundation: § 9 AufenthG
According to § 9 of the Residence Act (AufenthG), a Settlement Permit can be issued under certain conditions, one of which is making 60 months of pension contributions. However, skilled workers, spouses, and other special categories are exempt from this requirement. The Settlement Permit is distinct from a regular residence permit in several ways:
- Permanent residency: The Settlement Permit allows you to live and work in Germany indefinitely.
- Unrestricted work rights: You’re no longer limited by job-specific work permits.
- Access to benefits: You gain greater access to state benefits and services.
- Freedom of movement: You can move freely within the EU.
Basic Requirements for the Settlement Permit
To qualify for a Settlement Permit, you generally need to meet a set of criteria. However, certain conditions, such as the 60 months of pension contributions, may be waived in special cases. Here are the standard requirements:
- 60 months of pension insurance contributions: As a rule, 60 months of compulsory contributions to the statutory pension insurance scheme are required. But there are exceptions:
- Highly qualified specialists: They may qualify with just 36 or even 24 months of contributions.
- Blue Card holders: Only 21 or 27 months of contributions are needed.
- Family reunification with German citizens: No pension contributions are required in this case, as long as the marital relationship continues.
- Refugees: Refugees can apply for a Settlement Permit after just 3 or 5 years without fulfilling the pension contribution requirement.
- Language skills: Typically, you need a B1-level certificate in German, but certain groups, such as those with medical conditions or hardship cases, may be exempt.
- Secured livelihood: You must prove that you can support yourself financially without relying on state benefits.
- Adequate housing: Your living situation must be appropriate for you and your family members.
- No security threats: If you have a criminal record or pose a risk to public safety, your application may be denied.
How to Get a Settlement Permit Without 60 Months of Pension Contributions
Now that we’ve covered the basics, let’s explore how you can obtain a Settlement Permit if you haven’t made the full 60 months of contributions.
For Skilled Workers
Under § 18c of the Residence Act, skilled workers who work in recognized fields can qualify for a Settlement Permit after just 36 months of contributions, provided they meet these conditions:
- You have completed vocational training or a university degree in Germany or abroad.
- You’ve worked for at least three years in a recognized occupation.
- You’ve contributed to the statutory or private pension insurance for at least 36 months.
For Graduates
If you’ve completed vocational training or a degree in Germany, you may qualify after just 24 months of pension contributions. This shorter path is available for both vocational trainees and university graduates.
For Spouses
If your spouse has completed the 60 months of pension contributions, you can benefit from their contributions under § 9 (3) AufenthG. In this case, you don’t need to fulfill the requirement yourself.
Language Skills and Integration
If you can demonstrate basic oral communication skills in German, you may still qualify for a Settlement Permit without formal B1-level certification. This exception applies if:
- You were not required to attend an integration course.
- You can conduct simple, everyday conversations in German.
- Special cases, such as physical or psychological limitations, prevent you from meeting the language requirement.
Other Options for a Settlement Permit
In addition to the exceptions we’ve discussed, there are further pathways to obtaining a Settlement Permit even if you don’t meet the pension or language requirements:
- Hardship cases: If illness, disability, or family circumstances prevent you from meeting the standard requirements, you may still qualify under special hardship provisions.
- Private pension insurance: If you’re self-employed, contributions to private pension insurance or financial proof can replace the statutory pension contributions.
Conclusion: Reaching Your Goal with Jaberi Lawyers
Securing a Settlement Permit without 60 months of pension contributions is possible if you fall into one of the eligible categories. Jaberi Lawyers specializes in immigration law and can assist you in navigating these exceptions. Our legal team will ensure that your application is handled smoothly and that all necessary documentation is provided.
For personalized legal support in your immigration process, contact us:
-
Phone: +49 (0)40 413 499 87
-
Email: contact@jaberilawyers.com
-
Website: www.jaberilawyers.com
