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Hallo,

I would like to know how long before the Aufenthalt expires should you apply for renewal and what are the conditions required for receiving permanent settlement.

I am holding a residence permit according to §28 of the German Residence Act as mother of a German child for 3 years.

I have successfully completed an integration course, with German level B1. Soon doing B2 then after Ausbildung hopefully in next year  ,i have an apartment i live alone with my child and I receive social benefits SGB II.

I am not sure when doing the application if I should just renew temporary permit or apply for permanent. many thanks 

asked Dec 29, 2022 in Legal advice by Grace | 230 views

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1 Answer

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Dear @Grace,

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

One requirement for the permanent settlement (Niederlassungserlaubnis) is that your income must be sufficient to ensure your subsistence (including the subsistence of your foreign family members).
Your subsistence is not ensured if you receive public benefits from a Job Center (unemployment benefits II) or the Social Welfare Office (basic income support payment). Your spouse or same-sex life partner may also provide proof of income. 

Therefore, I assume that you may have to wait with the application for the permanent settlement until you have an income and apply for an extension of the temporary residence permit (according to section 28) for the time being. Nevertheless, you are doing already really well with your German skills! Good job!

I took the provided information from this website by the Berlin authorities - please follow the link for more details and a full list of the requriements for the permanent residence permit for family members of German citizens.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Dec 29, 2022 by Meike
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