If you hold a residence permit for the purpose of spousal reunification (Section 28 or Section 30 of the Residence Act) and your marriage or civil partnership has ended, or if you already have an independent right of residence for spouses (Section 31 (1) or (2) of the Residence Act), you may, under certain conditions, obtain a permanent residence permit (known as a settlement permit).

The settlement permit is an independent right of residence that is not dependent on the original purpose of residence. This means that the residence status of your former spouse or civil partner is irrelevant for your continued residence in Germany once you have obtained the settlement permit. The settlement permit entitles you to pursue gainful employment and is unlimited in terms of time and location.

• You have held a valid residence permit for the purpose of spousal reunification (Section 28 or Section 30 of the Residence Act) for at least five years or have an independent right of residence for spouses (Section 31 (1) or (2) of the Residence Act).
• Your marital or civil partnership has been dissolved. The partnership is dissolved if your marriage ended in divorce or has effectively been dissolved by permanent separation. Temporary separations are not sufficient.
• Your former spouse or civil partner has
  • a settlement permit,
  • an EU long-term residence permit, or
  • German citizenship.
• Your future livelihood (including health insurance) is secured by maintenance payments from your former spouse or civil partner to you (and your children). Maintenance is only secured if your former spouse or civil partner actually fulfills their maintenance obligation from their own resources. A maintenance obligation that exists but is not enforceable or is not met from the former spouse's or partner's own resources is not sufficient. Your own resources that can be used to secure your livelihood in addition to the maintenance payments from your former spouse or partner can be taken into account (for example, your own long-term income). Maintenance payments from third parties are not taken into account.
• You have sufficient knowledge of German (level B1).
• You have a basic knowledge of the German legal and social system.
• You have sufficient living space for yourself (and your children who are members of your household).
• There is no interest in expelling you and you have not yet received a deportation order.

• You must apply for a settlement permit before your current residence permit expires.
• Find out whether your immigration office allows you to apply online or provides a special application form.
• If the application can only be submitted in person, make an appointment with the immigration office. If you apply online, the immigration office will contact you after receiving your application to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents, preferably the originals, with you to the appointment).
• If your application is approved, your fingerprints will be taken for the production of the settlement permit in the form of a new electronic residence permit (eAT card).
• The Foreigners' Registration Office will commission the Federal Printing Office to produce the eAT card. Once it is ready, you will be notified and can collect the eAT card from the relevant office. The eAT card must always be collected in person.
• If your application is rejected, you will receive a rejection notice.

The following information is provided:     

• The granting of a settlement permit is at the discretion of the competent immigration authority. Applicants are therefore only entitled to a decision that is free of discretionary errors.
• The procedure is usually conducted in German.
• A settlement permit may expire if the holder stays outside Germany for more than six months without first coordinating this stay abroad with the immigration authority.
• All information provided to the immigration authority should be correct and complete to the best of your knowledge and belief so that the matter can be processed without major delays.
• Incorrect or incomplete information can slow down the process and be detrimental to those affected. In serious cases, incorrect or incomplete information that is not completed or corrected in time to the immigration authorities can result in the withdrawal of residence rights already granted, a fine, imprisonment for up to three years, or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for informational purposes only and is not legally binding.

• Appeal against the decision of the immigration authorities within one month of notification.
• File a lawsuit with the court specified in the appeal decision if the appeal is not upheld.

Application deadline: The application should be received by the Foreigners' Registration Office at least 6 to 8 weeks before the current residence permit expires.

Period of validity: The settlement permit is issued for an indefinite period. Only the electronic residence permit (eAT card) is issued for a limited period and must be renewed after it expires.

Approximately 6 to 8 weeks

Comments:

• The processing time may vary depending on the workload of the immigration authorities.
• It takes approximately 4 to 6 weeks for the Federal Printing Office to produce the electronic residence permit.

The immigration office responsible for the applicant's place of residence is responsible for processing the application.

• Recognized and valid identity document (e.g., passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• Proof of the dissolution of the marital or civil partnership (e.g., divorce certificate, letter of termination of the joint residence)
• Proof of financial support from the former spouse or civil partner (e.g., court order regarding existing maintenance or payment obligations) and from the applicant themselves (e.g., proof of income, employment contract, pension notice, proof of receipt of benefits such as parental or child allowance)
• Proof of health insurance coverage (e.g., confirmation of health insurance coverage or insurance policy)
• Proof of knowledge of the German language at least at level B1 of the Common European Framework of Reference for Languages (e.g., language certificate, German school, training, or university certificates, proof of successful participation in an integration course)
• Proof of basic knowledge of the legal and social system in Germany (e.g., certificate or confirmation of successful participation in an integration course)
• Proof of sufficient living space (e.g., rental or purchase agreement that provides information about the living space)

The documents and information must always be submitted in German. In individual cases, the immigration office may require less or more evidence.

Fee amount (fixed): €113.00

Comments:

• The timing and form of fee collection and payment vary depending on the authority.
• Additional fees may apply for the issuance of a settlement permit in the form of an electronic residence permit (eAT card), which can also be used as electronic proof of identity.
• In certain cases, fee reductions or exemptions may be considered (e.g., persons entitled to asylum, recognized refugees).
• Lower fees may apply for Turkish citizens.

Informal applications are possible.

You must appear in person at the relevant authority.