I am married to German lady, next year would make it 3 yrs and we have been living together for 2 yrs. I have my B1 certificate and integration kurs certificate; when can i apply for a permanent residence or the German Citizenship?
Looking forward to your reply.
asked Dec 30, 2019 in Legal advice by Flint

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1 Answer

+1 vote
Hallo,

you must have your Aufenthaltserlaubnis for 3 years, in the time that you live in Germany together as married people. The time with a visum for family reunion (if you came with such visum) belongs to this period. That means that you must wait until you fulfil this condition. The legal basis is §28.2 Residence Act (Aufenthaltsgesetz):

(2) Dem Ausländer ist in der Regel eine Niederlassungserlaubnis zu erteilen, wenn er drei Jahre im Besitz einer Aufenthaltserlaubnis ist, die familiäre Lebensgemeinschaft mit dem Deutschen im Bundesgebiet fortbesteht, kein Ausweisungsinteresse besteht und er über ausreichende Kenntnisse der deutschen Sprache verfügt. § 9 Absatz 2 Satz 2 bis 5 gilt entsprechend. Im Übrigen wird die Aufenthaltserlaubnis verlängert, solange die familiäre Lebensgemeinschaft fortbesteht.

You need B1 und in a normal case (no hardship case like very old or sick people) the family must have enough money, that means not to be in need of social help. And no criminal cases in the past, except for very low level.
answered Jan 3, 2020 by Alla_fka
Thank you for your response.
Thanks a lot for the wonderful info I am currently living in saxony leipzig I have attempt twice b1 certifications but always got A2 certificate only from one point and they have given me beschied for attending course b1.1 also and due to corona there are no Termins for test again so now my question is what documents I need to attach and send to Behörde for Niederlassung Erlaubnis and also I am working full time Job since March 2016
Hallo Waqarvicky,
you've written in somebody's else account, therefore your personal situation is not clear. What residence permit you have, for how long, if you are single or have a family, if you (your family) has help from the state, if you have a criminal story and so on.
I am afraid, the Ausländerbehörde will insist on you making B1 Test, because this condition is in the law. It must be proven that it is impossible for you to do it, and the postponed tests are normally not enough, because getting a Niederlassungserlaubnis is not an urgent thing, even if you want to have it as soon as possible.
If you work full time since March 2016, you have already paid 60 months long in the pension fund, which is a very important condition for a Niederlassungserlaubnis. It is very good.
Thanks for wonderful reply and yes it’s my account which I am asking questions I have completed the Antrag for Niederlassung I have my 60 pension slips also and I also have filled Antrag for Erklärung zum Bestehen einer ehelichen Lebensgemeinschaft / eingetra- genen Lebenspartnerschaft (LP) and also Erklärung zum Bestand einer familiären Beistandsgemeinschaft bei Erteilung oder Verlängerung des Aufenthaltstitels / Duldung so I have completed all the documents but only b1 certificate I don’t have I have only Test certificate a2 and Bescheid for attending Integration course so now please tell me is that ok to apply
And I am having three years residence permit which is getting expired in 3 months and I don’t have any criminal history I am working at airport my security background is also clean and clear and I am living with my wife and 3 years old daughter my wife is German and I am having residence permit 28 abs nr .3
It is difficult to answer your question. As far as I understand, you have a residence permit not as a husband but as a father of a german child. But it looks like it doesn't make much difference for the conditions to get an unlimited residence. The decision is in discretionary power of the Ausländerbehörde. After the §23.2 Aliens Law (Aufenthaltsgesetz) you must, as a general rule, have B1 level (ausreichende Kenntnisse der deutschen Sprache). "As a general rule" (in der Regel) means that there can be some exclusions, under special conditions. If you can prove that it is not possible for you to make B1 certificate in a present situation, I don't know, and I think nobody knows (only if somebody knows your Ausländerbehörde and their decision-making very well).
I think you can try to apply and look what the Ausländerbehörde answers. If they insist very hard on B1, I wouldn't make an objection first but I would, perhaps, try a test once more. If they plan to reject your application, they normally warn you about it and propose that you take your application back or you will have to pay for a rejection. In this moment you can decide what you do or you can look for a new consulting. I would recommend you to find a good councelling center in your area. In the same time I think it is in your interest to try to make a certificate B1, which can be useful for your life in Germany.
Good luck!
Hi have all the requirements and i just started working, i have a work contract for 1year and now i think the divorce would come anytime because we are having too much issues at the moment. So i would like to know if i can apply for my resident permit independently after the divorce?
You can apply independently, if you have lived together as married couple for at least 3 years (§31 Residence Act - AufenthG). You must naturally fulfil the common conditions for a residence permit, most important covering fully your living costs.
I recommend you to make contact to your local migration councelling to check all details individually.
Thank u for ur response i will check in with my local migration councelling :)
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