Niederlassungserlaubnis (German Permanent Residence Permit) Application Process for Filipina Spouse

DISCLAIMER: this article is only based on my own experience and does not, in any way, serve as legal advice to anyone who is planning to apply for a Residence Permit.

First, what is Niederlassungserlaubnis?

Niederlassungserlaubnis is an unlimited residence permit that largely give you a secure status in Germany. At the very least, being granted a permanent residence permit will mean you don't need to apply for an extension of your permit every time it expires. This permit is issued to foreigners who live permanently and have the center of their family and economic life in Germany.

The legal code that we, as a spouse of a German national must abide with, in regards to the application and granting of the Niederlassungserlaubnis, is provided under Niederlassungserlaubnis nach § 28 Abs. 2 AufenthG.

Basically, it is assumed that:

1. You have been in possession of a residence permit for three years
2. The family cohabitation with the German spouse continues in Germany
3. There is no interest in deportation
4. You have sufficient knowledge of the German language

Good to know: 

§ - is a symbol often used when referring to a legal code, one can read it as Paragraph, or Paragraphs if the symbol is §§.

Under such paragraphs in a legal code, there might be several sections or Absätze, cited as Abs. 

AufenthG is short for Aufenthaltgesetz or Residence Act. 

So, Niederlassungserlaubnis nach § 28 Abs. 2 AufenthG can be read as: Residence Permit according to paragraph 28, section 2 of the Residence Act.

Here are the step-by-step process I followed when I applied for Niederlassungserlaubnis:

1. Initial Enquiry

After completing and passing my Integrationskurs, we made initial enquiry with the responsible Ausländerbehörde regarding the process and requirements for the application for Niederlassungserlaubnis. We were told that we can ask them again three months before the expiry of my first Aufenthaltstitel, which was valid for 3 years.

While no concrete information was given to us at this stage, the most important part is we have already established a line of communication with the responsible person. It is very common to read and hear complaints about how people are having difficulties contacting their Ausländerbehörde. I believe that in most cases, it is also because most of us don't take care of our documents until the last minute and expect to be catered to on our own whim.

2. Asking for Termin

Based on previous communications, we were told to send another E-Mail regarding the process and requirements 3 months before the expiry of my temporary residence permit. After sending the said E-Mail, no reply was received. This is the normal procedure with our Behörde, so we waited patiently. About three weeks later, an envelope arrived per Post; enclosed was a letter of confirmation for my Termin, a list of the requirements and corresponding forms that I needed to accomplish or provide.

The schedule for my personal appearance and submission of application is just a little over 5 weeks before the expiration of the current residence permit. If you allow one month for getting an appointment, another few weeks to wait for the actual submission of documents, plus another month to wait for the printing of the new residence permit card, that's already within the 3 months timeline. Please note this only applies to our own ABH, yours may have a different process for the scheduling. I only emphasize that you need to communicate with your ABH in a friendly and professional manner, as early as possible, to avoid inconveniences.

3. List of Requirements

The list was extensive but the most important thing that may require good preparation is the Sprachzertifikat und Zertifikat Leben in Deutschland/Integrationskurs. Here is the list of requirements from our Ausländerbehörde:

• gültiger Nationalpass/Reiseausweis 
• beigefügten Antrag auf Erteilung/Verlängerung eines Aufenthaltstitels - fully accomplished application form; form was attached in the letter
• biometrisches Passfoto, nicht älter als 6 Monate
• Erweiterte Meldebescheinigung - this one I needed to get from our Rathaus and costs 12 Euro, it also took 3 working days before they sent to me by Post.
• Arbeitsvertrag von Ihnen und Ihrem Ehepartner in Kopie
• beifügte Arbeitgeberbescheinigung(en) - this is a form to be accomplished and signed by your employer and/or your husband's employer to certify details about your and/or your husband's job; the form was attached in the letter
• Verdienstnachweise der letzten sechs Monate in Kopie - salary slips for the last 6 months
• beigefügte Bescheinigung des Jobcenters - the form was also included in the letter and I had to go to the responsible Jobcenter to have it filled up and certified. 
• bei Wohnen zur Miete: Mietvertrag in Kopie und beigefügte Wohnraumsbescheinigung - this applies to us because we are renting an apartment. Again, the form was provided, we just needed to have it accomplished and certified by our apartment owner.
• bei Wohneigentum: aktueller Grundbuchauszug in Kopie
• Sprachzertifikat und Zertifikat Leben in Deutschland/Integrationskurs
• Verwaltungs-Gebühr in Höhe von 113,00 Euro

4. Attending Termin and Submission of Application 

I attended my Termin with complete documents, accompanied by my husband. I read that for some, there was a short informal interview during the application process, such was not the case for me.

Our Ausländerbehörde is still implementing health protocols. We gave the documents to the responsible Beamtin who met us at the designated counter. She took a quick look thru all the documents, said that everything seems to be in order and told us to wait in the waiting area as she went inside a room.

After 15 minutes or so, she came back with instructions to pay the application fee of 113 Euro. 

After paying, we waited for her to come out again and we gave the payment receipt. She then gave us a piece of paper that I have to certify was true and correct --- pertinent data to be included in my Residence Permit. I also had to affix my signature in the said document. She also gave me a Fiktionsbescheinigung (Bescheinigung über die Beantragung der Aufenthaltsgenehmigung). 

The Fiktionsbescheinigung was marked X under the notation: gilt der Aufenthaltstitel als Fortbestehend 81 Abs 4 AufenthG.

Good to know: 

One often read questions in online groups and forums if possession of a Fiktionsbescheinigung allows us to travel to the Philippines and back to Germany. Now that you know what the symbol § and words like Abs. and AufenthG means, you can Google yourself what the remarks in your Fiktionsbescheinigung mean.

In my case, gilt der Aufenthaltstitel als Fortbestehend 81 Abs 4 AufenthG means, if a foreigner applies for an extension or another residence permit in good time before it expires, the previous residence permit remains to be valid until the responsible Ausländerbehörde reached a decision about the new application. In short, my previous residence permit and all the conditions attached therein (including exit and re-entry to Germany) in conjunction with my possession of a Fiktionsbescheinigung is still valid until the stated date in my Fiktionsbescheinigung.

5. Abholung 

A letter came exactly 4 weeks after I submitted my application. It gave instructions that I need to send my current Aufenthaltstitel and Fiktionsbescheinigung. There was a form that I needed to sign in advance that I have received my new eAT before the ABH can send it. My husband and I were hesitant at first to send an important document per Post, so we even sent an E-Mail to our ABH saying we will visit them on another errand anyway and asked if we can simply give them the documents in person. They said that health protocols are strictly implimented, but we can also drop the envelop at their reception counter, which we did. 

Three days later, I received my new Aufenthaltstitel.

Good to know: 

Since the data in my Aufenthaltstitel (I refer to the card or eAT) is tied to my Philippine passport, I also need to apply for replacement of eAT everytime I renew my passport. Here are some general information about the process of replacement.

If your passport is about to expire, renew it first before you apply for Niederlassungserlaubnis. 

 

Note:

I purposely left some German words in its original form to avoid being lost in translation. I hope it did not create confusion.

In general, Niederlassungserlaubnis refers to unlimited Residence Permit and Aufenthaltstitel is sometimes interchangeably used referring to Residence Permit or the credit-card format document issued as proof that you have one.

Good luck with your application!