Dear All,

I need some clarification on the Settlement Permit. Settlement permit under section 19a subs. 6 Residence Act says that If you are in possession of an EU Blue Card, you are entitled to a settlement
permit after 33 months of highly qualified employment, provided you meet all the necessary requirements (including making contributions to the statutory pension insurance).

I am holding Resident Permit and it is not a Blue Card. I am risiding in Germany for 31 months now and meeting all the other criteria mentioned for settlement permit. I am wondering, for the purpose of Settlement Permit, the rule mentioned above is also applicable for my Resident Permit or it is specific to EU Blue Card?

Have anyone ever come across this situation? Any input is highly appreciated.

Regards

Siraj

If you are entitled to a Blue Card, you can change your residence permit to blue card and then apply. I believe it should count retroactively, meaning if previously you were entitled to a blue card, those months would also count. But there is of course several requirements for Blue Card, one of which is a salary above 44K or 37K if you are in shortage occupations, before taxes. I suggest you change your residence permit to a Blue Card then.

I guess at the moment you have a residence permit according to section 18. In that case you have two options:

1. You are a german university graduate. You have a job according to your qualifications and paid Rentenversicherung for 24 months on your section 18 (several others also count). Then you can apply under the new 2012 regulation section 18b. There are additional requirements so I suggest you read that section.

2. You are not a german uni graduate. Then you need to be residing in Germany for 5 years and paid Rentenversicherung for 60 months. Then you can apply. And this is according to section 9, which is the basis for almost all Settlement Permits.

In any case, if you have a secure job and earning a good amount of money, sooner or later you'll get a settlement permit. Worst case is you wait 2 years more.

Good luck.

Thanks arnhem. That helps...!

Regards

Siraj