Niederlassungserlaubnis after marriage with German citizen

Question

Hello,

My friend is married since one and half year with a German citizen(same sex marriage). But they are living together on same address since 2016. My friend is on student visa and he is living in Germany since 2015 legally on student status.

When he can apply for niederlassungserlaubnis? Can he get this permanent residency before completion of three years as they are living together from five years?

Thank you for your help.

Kind regards,

Florin

Answer 1

Dear @Hassanali, 

Welcome to the Wefugees Community and thank you for reaching out to us. 

As holding a student residence permit doesn't "qualify" for a permanent residence permit (Niederlassungserlaubnis) in general and also doesn't "count" for the respective minimum years, I assume that he needs to hold the residence permit according to section 28 of the German Residence Act (as spouse of a German citizen) for at least three years before he can get the permanent status. 

Am I right on this dear @mbeon-fardeen? 

All the best, 

Meike