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Good day sir/ma

 Please i will like to ask if i can apply for a permanent resident permit 2 years after holding 19d with 60 month renten vesicherung payment
asked Jun 12 in Legal advice by Tosin

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Dear @Tosin,

Welcome back to the Wefugees Community and thank you for your question.

As I read here (Refugee Council Lower Saxony), people holding a residence permit according to section 19d of the German Residence Act need to hold a respective residence permit for minimum 5 years before they can apply for a permanent residence (Niederlassungserlaubnis). Please see a list of the additional requirements on this website, for instance.

Would you agree dear @mbeon-fardeen?

All the best,

Meike

answered Jun 13 by Meike
Hello @meike thank you for your respond to my Question, but what i still dont understand is that, I read it somewhere that it can be shortening to 2 years if the vocational school was attended in Germany here, and also according to resisence gesetz section 18c

Dear @Tosin

Yes you are right - there is an option to shorten this period to 2 years for “skilled workers”. It’s quite complicated and from my point of view, the wording in the law can be really misleading. It says: 

————————

Section 18c 

Permanent settlement permit for skilled workers 

(1) Skilled workers are to be granted a permanent settlement permit without the consent of the Federal Employment Agency, if 

1. they have held a residence title pursuant to sections 18a, 18b or 18d for four years, 

2. have a job in compliance with the requirements stipulated in sections 18a, 18b or 18d, 

3. they have paid compulsory or voluntary contributions into the statutory pension insurance scheme for at least 48 months or furnish evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company, and 

4. they have a sufficient command of the German language, and 5. the requirements of section 9 (2) sentence 1 nos. 2, and 4 to 6, 8 and 9 are met; section 9 (2) sentences 2 to 4 and 6 applies accordingly. 

The period stipulated in sentence 1 no. 1 is reduced to two years and the period stipulated in sentence 1 no. 3 is reduced to 24 months if the skilled worker has successfully completed vocational training or a course of study in Germany. 

———————————-

As far as I understand, the residence permit according to section 19d is unfortunately not mentioned here. 

Would you agree dear @mbeon-fardeen

All the best, 

Meike

@Meike Thank you for your Time once again, although it was not listed in the gesetz list. But their was an article i read on bmi website which stated that 18a is the same as 19D, and anything that can be do with 18a applied to 19d as well. i will be glad if you can help me look for more details about it, or i should apply for it through Lawyer

Dear @Tosin

You are very welcome. 

And yes, it’s super confusing. In 2020, the German government introduced the so-called “Fachkräfteeinwanderungsgesetz” and the former section 18a was changed to be the section 19d (please see this BMI paper on page 122, for instance: https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/migration/anwendungshinweise-fachkraefteeinwanderungsgesetz.pdf?__blob=publicationFile&v=3). The content of the former 18a stayed basically - only turned into another number. Therefore, I’m afraid that the valid section 18c is referring to the updated 18a instead of the “new” 19d which used to be the 18a.

But let’s make sure and wait for my dear colleague @mbeon-fardeen to help us clarifying. 

All the best, 

Meike

Dear @Tosin, Please see also this updated info sheet: https://www.ggua.de/fileadmin/downloads/tabellen_und_uebersichten/UEbersichten_Auftitel_2021.pdf On page 53 it’s confirming my explanation. You have to fulfill the requirements of the section 9 (2) German Residence Act, which includes the 5 years duration of stay. Best, Meike
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