Sustainable integration of adults

If you have been living in Germany for six or eight years, are in possession of an Exceptional Leave to Remain and have integrated yourself sustainably, you may be able to obtain a residence permit. According to Section 25b AufenthG (German Residence Act), persons granted an Exceptional Leave to Remain who have integrated sustainably should be granted a residence permit if, among other things, the following requirements are met. 

Requirements

In order to be able to obtain a residence permit as a well-integrated holder of an Exceptional Leave to Remain, you must fulfil the following requirements, among others:

• Granted Exceptional Leave to Remain (“Duldung”)
• Eight years of uninterrupted residence in Germany with an Exceptional Leave to Remain, temporary residence permit or residence permit (if you have young children, the duration is reduced to six years)
• Basic knowledge of the legal and social system and living conditions in the Federal Republic of Germany (à “Living in Germany” test)
• You must be able to cover most of your expenses through your own paid employment.
• Spoken German at level A2 of the Common European Framework of Reference for Languages
• If you have children of school age, proof of actual school attendance must be provided
• A valid passport

In principle, all requirements must be met. Please note that periods of time during which you were granted an Exceptional Leave to Remain for persons with unclear identity (Section 60b AufenthG (German Residence Act)) may not be counted towards the required residence period of six or eight years.

However, exceptions for covering your living expenses exist. If you are thus unable to cover your living expenses primarily through paid employment (e.g. because you have care-dependent relatives), please contact us. We will then check whether this requirement can be waived.

Grounds for exclusion

A residence permit on the basis of sustainable integration may not be issued by the foreign nationals office if one of the following applies:

• Deportation was prevented or delayed by deliberate false statements, by deception about identity or nationality or failure to comply with reasonable requirements to cooperate in removing obstacles to departure.
• Grounds for deportation exist within the meaning of Section 54, para. 1 or para. 2 numbers 1 and 2 German Residence Act. These include:

1. Conviction, resulting in a custodial sentence of at least six months, as a result of one or more intentional criminal offences
2. Conviction, resulting in a juvenile sentence of at least one year where the sentence has not been suspended, for one or more intentional offences
3. Preventive detention was ordered at the time of the last conviction
4. Being a member of an association which supports or has supported terrorism
5. Inciting hatred against part of the population

Please bring the following with you…

If you would like to apply for or extend a residence permit as a sustainably integrated holder of an Exceptional Leave to Remain, please bring the following documents with you (if we do not already have them):

• Your valid passport
• A current passport photo
• A completed application form
• Employment contract
• Last three salary statements
• Certificate of social benefits as applicable
• Tenancy agreement
• Proof of health insurance
• Language certificate A2
• Test “Living in Germany” (or alternatively a degree certificate)
• Certificate of school attendance and school reports of the children (if available)
• Fee: up to € 100.00

Further documents may be required in individual cases. If this applies to you, we will inform you accordingly.

Please note: An appointment is required for the granting and extension of the residence permit. Please send us an appointment request.

Period of validity

If you fulfil the requirements for a residence permit as a well-integrated holder of an Exceptional Leave to Remain, you will be granted a residence permit for a maximum of two years. If you continue to fulfil the aforementioned requirements, your residence permit can be extended after the period of validity has expired.

Paid employment

Pursuing paid employment is permitted if you have been issued a residence permit as a well-integrated holder of an Exceptional Leave to Remain. This means that you are allowed to take up employment or become self-employed.

Settling down

If you have resided in Germany for five years with a residence permit, you can apply for a settlement permit (permanent residence permit). You can find further information about this on the page about the settlement permit.

Residence permit for family members

If you are granted a residence permit as a well-integrated holder of an Exceptional Leave to Remain, your family members can also apply for a residence permit. In this context, family members include your spouse or life partner and any children under 18. The residence permit may be granted if your family members also fulfil the aforementioned requirements (except for the eight-year period of residence).