Residence Permit (Temporary) — §§ 16-26 AufenthG
The residence permit (Aufenthaltserlaubnis) is a temporary residence title. It's issued for a specific purpose — work, study, family reunification, humanitarian reasons — and must be renewed before expiration. Typical duration: 1–3 years, depending on the purpose.
Important § AufenthG variants:
- § 16a AufenthG — Vocational training
- § 16b AufenthG — Study
- § 18a AufenthG — Residence permit for qualified employment
- § 18g AufenthG — EU Blue Card
- § 19c AufenthG — General employment
- § 24 AufenthG — Temporary protection (Ukraine)
- § 25 AufenthG — Humanitarian reasons (refugee status, subsidiary protection)
- § 28 AufenthG — Family reunification with German citizens
- § 30 AufenthG — Family reunification with foreign spouse
Settlement Permit (Permanent) — § 9 AufenthG
The settlement permit (Niederlassungserlaubnis) is a permanent residence title and generally valid for life. Requirements for the settlement permit under § 9 AufenthG:
- Residence permit for at least 5 years
- Secure livelihood
- 60 months of compulsory pension insurance contributions
- Adequate German language skills (B1)
- Adequate living space
- Basic knowledge of the legal and social system
Special forms with shorter waiting periods: § 18c AufenthG (settlement permit for skilled workers — generally after 36 months, reduced to 24 months for special qualifications; with the EU Blue Card 27 or 21 months), § 9a AufenthG (EU long-term residence, similar to settlement permit but EU-wide).
Here's the good news: For the 5-year period under § 10 Abs. 1 Satz 1 StAG, lawful ordinary residence with any valid residence permit counts. This means:
- A continuous residence permit of 5 years is sufficient — a settlement permit is not required
- Switching between different types of residence permits also counts, as long as the stays were lawful
Example: A Turkish national has lived in Germany for 2 years with § 16b (study), then switches to § 18a (qualified professional) and has worked in a German company for another 3 years. Total 5 years of lawful residence — the § 10 period is fulfilled, even without ever having a settlement permit.
§ 24 AufenthG (Temporary Protection) — Ukraine
According to the BMI circular of September 6, 2022, § 24 residence time counts toward the 5-year period. However: direct naturalization from § 24 status is not possible — before application, a switch to another residence permit must occur (e.g., § 18a, § 19c, § 25a, § 25b, or § 16a/§ 16b). Details: Naturalization for Ukrainian nationals.
§ 25 AufenthG (Asylum, Subsidiary Protection)
The residence permit under § 25 AufenthG counts toward the 5-year period. Recognized refugees under the GFK can generally naturalize without a settlement permit — the residence permit itself is sufficient.
§ 16a/§ 16b AufenthG (Study, Training)
Study and training residences count toward the 5-year period. Those who find employment after studies and switch to § 18g (EU Blue Card) can fully count the study years.
Gaps Between Residence Permits (Fictional Certificate)
When a residence permit expires and the new one is issued weeks later, a fictional certificate (Fiktionsbescheinigung) under § 81 AufenthG is created. This lawfully bridges the gap — the 5-year period continues.
Even though the settlement permit is not mandatory for naturalization, there are situations where it's beneficial:
Stability. A settlement permit is valid for life and won't be revoked during unemployment or career changes — unlike some residence permits tied to specific purposes.
Faster Family Reunification. With a settlement permit, family members can join more easily.
Self-Employment. Self-employed activities are possible without restrictions with a settlement permit.
Risk Reduction. For those facing potential residence permit renewal delays (long stays abroad, job changes), the settlement permit is a safety net.
Parallel preparation of settlement permit and naturalization is common in practice — both are often applied for around the 5-year mark. Which order makes sense depends on the individual case.
Ukrainian Nationals with § 24 AufenthG
Path: Switch to § 18a/§ 18b/§ 19c (qualified employment), § 25a/§ 25b (humanitarian path) or § 16b (study) → 5 years lawful residence → naturalization. The § 24 time counts.
Turkish Nationals with Settlement Permit
Common: 8+ years § 28 AufenthG (family reunification), settlement permit under § 9 AufenthG for X years, naturalization possible. With the 2024 reform, 5 years of lawful residence is sufficient — many no longer wait for settlement permit.
Indian Professionals with EU Blue Card
Path: § 18g AufenthG (EU Blue Card) → Settlement permit after 21–33 months → Naturalization after 5 years of lawful residence. With settlement permit, the path is particularly stable.
International Students
Path: § 16b (study) 3–5 years → § 20 AufenthG (job search after graduation) 18 months → § 18a/§ 18b (employment) → 5 years lawful residence → naturalization.
Do I need a settlement permit for naturalization?
No. The 5-year period under § 10 StAG only requires lawful ordinary residence — any valid residence permit (temporary or permanent) counts.
Does § 24 time (Ukraine) count toward the naturalization period?
Yes, in principle. But for the application itself, you must first switch to another residence permit — § 24 is not a direct naturalization path.
What happens if there's a gap in residence permits?
A fictional certificate under § 81 AufenthG lawfully bridges the gap. The 5-year period continues. For longer gaps (over 2 months), the authority reviews case by case.
Is it worth applying for a settlement permit before naturalization?
Tax and social security wise: no. Practically: depends — stability and family reunification are advantages. With clear employment, often direct naturalization application.
What if I've switched between different § AufenthG permits?
Switches are harmless as long as residence was continuously lawful. The 5-year period is the sum of all lawful periods.
Does the settlement permit affect the language requirement?
No. The B1 requirement is independent. Those who have the settlement permit under § 9 AufenthG have already proven B1 — the requirement is identical.
Those who have submitted their application can track processing time and plan deadline responses with the civitas. application tracker. Track application →
Related Articles:
- Naturalization Requirements
- Naturalization for Ukrainian Nationals
- Financial Support for Naturalization
- Documents Checklist
Legal Notice: Complex residence permit situations (e.g. multiple switches, stays abroad, gaps) should be reviewed with a specialist immigration lawyer. civitas. is a private application assistance service.
Quellen & Methodik anzeigen
- Residence Act (AufenthG) — §§ 9, 9a, 16a, 16b, 18a, 18b, 18c, 19c, 24, 25, 25a, 25b, 28, 30, 81
- Nationality Act (StAG) — § 10 as amended on 30.10.2025
- BMI circular dual citizenship Ukraine 06.09.2022
As of: May 2026.