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 (§ 28 or § 30 of the Residence Act) for at least five years, or you have an independent right of residence for spouses (§ 31, paragraph 1 or 2 of the Residence Act).
• Your marital or civil partnership has been dissolved. The partnership is dissolved if it ended in divorce or has been effectively terminated by a permanent separation. Temporary separations are not sufficient.
• Your former spouse or civil partner holds
  • a settlement permit,
  • a long-term EU residence permit, or
  • German citizenship.
• Your future livelihood (including health insurance) is secured by spousal support payments from your former spouse or civil partner to you (and your children). Maintenance is considered secured only if your former spouse or partner actually fulfills their maintenance obligation using their own funds. A maintenance obligation that exists but is unenforceable or is not covered by the former spouse’s or partner’s own funds is not sufficient. Your own resources, which can be used to supplement the spousal support provided by your former spouse or partner to ensure your livelihood, are eligible for consideration (for example, your own long-term income). Support payments from third parties are not taken into account.
• You have sufficient knowledge of German (Level B1).
• You have a basic understanding of the German legal and social system.
• You have sufficient living space for yourself (and your children living in your household).
• There are no grounds for deportation against 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 specific application form.
• If you can only apply in person, make an appointment at the immigration office. If you apply online, the immigration office will contact you after receiving your application to schedule an appointment.
• During the appointment, your identity and documents will be verified (please bring your documents to the appointment, preferably the originals).
• If your application is approved, your fingerprints will be taken to issue 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 pick up the eAT card at the appropriate office. The eAT card must generally be picked up in person.
• If your application is denied, you will receive a notice of denial.

Please note the following:     

• 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 from errors of discretion.
• The procedure is generally conducted in German.
• A settlement permit may expire if the applicant stays outside Germany for more than six months, unless this stay abroad was previously coordinated with the immigration office.
• All information provided to the immigration office should be accurate and complete to the best of your knowledge and belief so that the application can be processed without significant delays.
• Inaccurate or incomplete information can slow down the proceedings and be detrimental to those involved. In serious cases, incorrect or incomplete information that is not supplemented or corrected in a timely manner with the Foreigners’ Registration Office may result in the revocation of residence rights already granted, a fine, imprisonment for up to three years, or deportation from German territory.
• Due to the complexity of residence law, this description is provided for informational purposes only and is not legally binding.

• File an appeal against the decision of the Immigration Office within one month of its notification.
• File a lawsuit with the court specified in the notice of decision on the appeal if the appeal is denied

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.

Approx. 6 to 8 weeks

Notes:

• Processing times may vary depending on the workload of the Foreigners’ Registration Office.
• It takes about 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.

• A recognized and valid form of identification (such as a passport or passport substitute)
• A recent biometric passport-sized photo (45 x 35 mm)
• Proof of the dissolution of the marital or civil partnership (e.g., divorce decree, notice of termination of the shared residence)
• Evidence that the former spouse or civil partner is providing for the applicant’s livelihood (e.g., a court order establishing existing maintenance or payment obligations), as well as evidence that the applicant is providing for their own livelihood (e.g., proof of income, employment contract, pension notice, proof of receipt of benefits such as parental allowance or child allowance)
• Proof of health insurance coverage (e.g., confirmation from the health insurance provider regarding coverage or an insurance policy)
• Proof of German language proficiency at least at level B1 of the Common European Framework of Reference for Languages (e.g., language certificate, German school, vocational training, or university transcripts, proof of successful completion of an integration course)
• Proof of basic knowledge of the legal and social system in Germany (for example, a certificate or attestation of successful completion of an integration course)
• Proof of adequate living space (for example, a lease or purchase agreement that specifies the living area)

The documents and information must generally be submitted in German. In individual cases, the Foreigners’ Registration Office may require fewer or additional documents.

Fee amount (fixed): 113.00 euros

Notes:

• The timing and method of fee collection and payment vary depending on the agency.
• 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 an electronic ID.
• In certain cases, fee reductions or exemptions may be available (for example, for persons entitled to asylum or recognized refugees).
• Lower fees may apply to Turkish nationals.

Informal applications are possible.

You must appear in person at the relevant authority.