How are the regulations for having sufficient living space in the residence permit application process?

Question

I would like to know how important is the adequate living space of an apartment important for a resident permit application can it affect the possibility of being granted,also how much square meter is required per person by law in Bavaria?

Answer 1

Hello Grace,

thank you very much for your request. I am a consultant at mbeon and migration consulting.

The granting or extension of some residence permits (e. g. for family reunification or for a permanent residence permit) is subject to the availability of sufficient living space. Sufficiently in this context refers to two factors, namely the nature and occupancy of the dwelling (size of the dwelling in terms of the number of inhabitants). Sufficient living space is usually available if

twelve square metres for each family member over six years of age

ten square metres for each family member under six years of age

living space is available and ancillary rooms (kitchen, bathroom, WC) can be shared to an appropriate extent. Children up to the age of two are not counted in the calculation of the sufficient living space for family accommodation. Residential premises that are used by third parties are generally not taken into consideration.

For Bavaria I would recommend you to inquire directly at the Ausländerbehörde. Since in Bavaria it is tested according to adequacy. The following list can serve as a guideline:

one person 50 m2

two persons 65 m2

three persons 75 m2

four persons 90 m2

each additional person 15 m2 in addition

Here are some links for your information:

https://***.bmi.bund.de/DE/themen/migration/aufenthaltsrecht/einreise-und-aufenthalt/einreise-und-aufenthalt-node.html

Friendly greetings

mbeon caritas