The 5 years residence time for Niederlassungserlaubnis

Question

Good day to you all,

I would like to ask if one had a residence permit in accordance with 25. 5 for almost two years also counts towards the 5 years required residence periods for Niederlassungserlaubnis application.

Kind regards

Answer 1

Dear Great Man, 

Welcome back and thank you for your question. 

Persons holding a residence permit according to section 25 (5) are not exluded from the permanent residence permit (Niederlassungserlaubnis). In contrast to the naturalization (citizenship), which is unfortunately not directly possible with this residence permit. Subsequently, I see no reason why the 2 years in which you had this residence permit should not also count towards the five years (if your legal stay wasn't interrupted by a period in which you did not hold any residence permit). 

Do you agree dear @mbeon-fardeen or @mbeon-Éanna? 

I hope this helps and all the best, 

Meike

Comments

Thanks for the detailed information.
I had a residence permit 25 ABS 5 from 07/2021 to 01/2023 and it was changed to 25B  in 01/2023 to 01/2025.
Therefore if my calculations are right I am eligible to apply for either Niederlassungserlaubnis or Naturalization in July 2026, because I fulfilled the remaining requirements.
Is my assumption correct? Please let me know !

Once again thank you for your efforts.

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Hi @Great Man

I agree with my colleague. You will have fulfilled the residency requirements for either Niederlassungserlaubnis or naturalisation in July 2026. The requirement is that a person had a residence permit (Aufenthaltserlaubnis) for five years, which you will have.