Can self-employed people get a German settlement permit after three years?
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Yes, it is possible. Germany's Residence Act lets the authority grant a settlement permit (Niederlassungserlaubnis) after three years of self-employment if the business's success and duration suggest it will keep developing, your income secures your and your dependent family's living costs, and there are no public-security objections. It is discretionary, not automatic.
Key facts
| What | The law says | Source |
|---|---|---|
| When | After three years of self-employment | AufenthG § 21(4) sentence 2 |
| Rule it replaces | Granted in derogation from the general settlement permit rules of § 9(2) | AufenthG § 21(4) sentence 2 |
| Business | Its success and duration must suggest further sustainable development | AufenthG § 21(4) sentence 2 |
| Income | Your living costs and those of dependent family members living with you are secured by sufficient income | AufenthG § 21(4) sentence 2 |
| Security | No public security or order grounds stand against it | AufenthG § 21(4) sentence 2; § 9(2) sentence 1 no. 4 |
| Decision | The authority “can” grant it: discretionary | AufenthG § 21(4) sentence 2 |
| What you get | An unlimited residence title | AufenthG § 9(1) |
| Freelancers | § 21(4) does not apply to the freelancer permit of § 21(5) | AufenthG § 21(5) sentence 4 |
The conditions
The self-employment residence permit lasts at most three years. After those three years, the Residence Act lets the authority grant a settlement permit if you have been self-employed for three years and:
- your current business, especially through its success and duration, suggests it will continue to develop sustainably;
- your living costs, and those of the family members living with you whom you support, are secured by sufficient income;
- there are no grounds of public security or order against you, weighed by the seriousness of any offence, the length of your stay and your ties to Germany (the condition of § 9(2) sentence 1 no. 4).
Because the law says “can”, the authority decides at its discretion.
How it differs from the general route
The general settlement permit in § 9(2) requires, among other things, five years with a residence permit, 60 months of pension contributions or comparable provision, sufficient German, basic knowledge of the legal and social order, and adequate housing. The self-employment route is granted “in derogation from § 9(2)” and names only the public-security condition from that list.
Freelancers
The law says § 21(4) doesn’t apply to the freelancer permit under § 21(5). So this three-year route is written for the self-employment permit under § 21(1), not for freelancers.
Related questions
- Requirements for the self-employment residence permit: AufenthG § 21(1).
- The general settlement permit requirements: AufenthG § 9(2).
Sources
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