This article explains what § 9a AufenthG requires, how periods of residence are credited under § 9b, when the permit expires again, and for whom EU long-term residence is the more suitable choice than the settlement permit. Which permit you apply for is your own decision. This text provides the facts for that purpose, not a recommendation in an individual case.
The EU long-term residence permit transposes a European directive into German law: the status of long-term resident. Like the settlement permit, it is a permanent residence permit that entitles the holder to take up employment.
Its practical added value lies in mobility: the status is recognised in all participating EU member states. Anyone living in Germany as a long-term resident who later wishes to move to another member state can rely there on facilitated access to a right of residence. The settlement permit under § 9 AufenthG, by contrast, is a purely German permit. It is of no help when moving to France, Spain or the Netherlands.
Important: EU long-term residence is not an automatic right of residence in other member states. It gives you a facilitated procedure there, not a ready-made visa. The destination state still carries out its own examination.
§ 9a Abs. 2 AufenthG sets out the requirements. In essence, the provision requires:
| Requirement | What lies behind it |
|---|---|
| Five years of residence | Holding a residence permit for five years, with the periods being creditable under § 9b |
| Secured subsistence | For you and your dependants, without recourse to public funds within the meaning of the Act |
| Language skills | Adequate knowledge of the German language |
| Basic knowledge | Basic knowledge of the legal and social order and of living conditions in Germany |
| No opposing grounds | No grounds of public security or public order opposing the permit |
| Housing | Adequate housing for you and the family members living with you in a domestic community |
The catalogue reads almost like that of § 9 Abs. 2 AufenthG, with one striking difference: the evidence of 60 months of pension contributions, which is required as a rule for the settlement permit under § 9 AufenthG, does not appear in § 9a. Instead, the authority examines secured subsistence according to the standards of § 9c AufenthG, which was created specifically for this permit.
For people who have worked as self-employed persons for a long time, or who have paid contributions into a professional pension scheme instead of the statutory pension insurance, this is precisely the practically relevant point.
The five-year period is not a simple calendar calculation. § 9b AufenthG governs the crediting of periods of residence independently and departs from the rules applying to the settlement permit. Broadly speaking:
- Periods of lawful residence holding a residence permit are generally credited.
- Certain purposes of residence are not credited, or only to a limited extent — periods of study or training, for example, are taken into account only in part.
- Interruptions caused by stays abroad are harmless up to certain limits; longer absences cause the period to start again.
Because § 9b is finely structured in its detail and the authority applies it to your specific history, it is worth documenting your own residence history without gaps: all previous permits, entries and departures, and longer stays abroad. The authority does the calculation. You supply the evidence.
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Both permits are permanent, both allow employment, and both are issued on an eAT card. The comparison at a glance:
| Settlement permit (§ 9) | EU long-term residence (§ 9a) | |
|---|---|---|
| Scope | Germany | Germany + status recognised in the EU |
| Standard period | 5 years of residence permit | 5 years, crediting under § 9b |
| Pension contributions | as a rule 60 months | not in the catalogue of § 9a Abs. 2 |
| Language level | adequate German language skills | adequate German language skills |
| Expiry during a stay abroad | under the general rules of § 51 | separate, more generous special rules in § 51 |
| Route to naturalisation | both permits satisfy the residence-law requirement |
In practical terms this means: anyone who wants to remain securely in Germany and can evidence the 60 months of pension contributions will regularly manage well with § 9 AufenthG. Anyone who does not rule out a move within Europe, or who has not made pension contributions into the statutory pension insurance, should have § 9a examined as well. Which permit comes into consideration for you is decided by the immigration office on the basis of your application. civitas. does not make this choice for you.
The structural comparison of temporary and permanent permits is available in the article Residence permit vs. settlement permit.
A permanent permit is not immune to loss. For EU long-term residence, however, § 51 AufenthG contains separate, more favourable rules on expiry than for other permits.
The difference is considerable: an ordinary residence permit expires as soon as you leave Germany for more than six months. For EU long-term residence, the law instead attaches to how long you stay outside the territory of the European Union, and sets a considerably longer period for absences from Germany itself. Acquiring a right of permanent residence in another member state can also lead to expiry.
Because the periods depend in an individual case on your specific travel history, the following applies: if you are planning a longer stay abroad, clarify before departure with your immigration office what applies to your permit. The details on expiry during stays abroad are set out in the article Residence permit expires during a stay abroad.
The procedure corresponds to that for the settlement permit:
- Check completeness. Residence history, evidence of income, language certificate, evidence of housing, evidence of basic knowledge.
- File the application. With the immigration office at your place of residence. The competent authority is that of the urban district or rural district in which you have your habitual residence.
- Attend the appointment. An in-person appointment is required for fingerprints and a photograph.
- Collect the eAT card. The permanent permit is issued on a card with a limited card validity period. The permit remains permanent; only the card is renewed later.
If your temporary permit expires while the application is being processed, the timing of the application is decisive: an application filed before expiry triggers the continued-effect fiction under § 81 Abs. 4 AufenthG.
An overview of the competent offices by place of residence is available in the directory of settlement permit locations.
For naturalisation as of right under § 10 StAG, the Nationality Act requires, among other things, a specific foundation under residence law. Both the settlement permit and the EU long-term residence permit satisfy this residence-law requirement. Which of the two permits is held makes no difference in this respect. More on this in the article Residence permit as a requirement for naturalisation.
Is EU long-term residence better than the settlement permit?
There is no "better" here, only "more suitable". Both permits are permanent and entitle the holder to take up employment. EU long-term residence additionally brings a status recognised throughout the EU and more favourable rules on expiry during longer stays abroad; in return, the separate rules of § 9b AufenthG apply to the crediting of prior periods. Which permit comes into consideration for you is examined by the immigration office.
Do I need 60 months of pension contributions?
The 60-month evidence is a requirement of § 9 Abs. 2 AufenthG for the settlement permit. It does not appear in the catalogue of § 9a Abs. 2 AufenthG; there, secured subsistence is examined under § 9c AufenthG. How the authority assesses this in your case is decided in the application procedure.
Can I simply move to Spain with EU long-term residence?
No, not without further steps. The status of long-term resident gives you a facilitated procedure for a right of residence in other member states. However, it replaces neither their application nor their examination. The destination state decides according to its own law.
Do periods of study count towards the five years?
§ 9b AufenthG governs the crediting independently and takes periods of study and training into account only to a limited extent. The specific calculation is carried out by the immigration office on the basis of your residence history.
Can I switch from the settlement permit to EU long-term residence?
A switch requires a separate application, on which the immigration office decides according to the requirements of § 9a AufenthG. Raise the matter with your authority, and obtain legal advice in complex constellations.
What does the application cost?
The fees for residence permits are governed uniformly across Germany in the Residence Ordinance (AufenthV) and are not set by individual city; a separate fee is charged for the eAT card. For Turkish nationals entitled under the Association Agreement, a reduction applies under § 52a AufenthV. The specific assessment is made by the authority. An overview is available under Settlement permit: costs.
Quellen & Methodik anzeigen
- Residence Act (AufenthG): § 9a (EU long-term residence permit; Abs. 1 equal treatment, Abs. 2 conditions for granting), § 9b (crediting of periods of residence), § 9c (subsistence), § 9 (settlement permit; Abs. 2 requirements of the standard route), § 51 (termination of lawful residence; continued effect of restrictions), § 81 Abs. 4 (application for a residence permit, continued-effect fiction)
- Residence Ordinance (AufenthV): § 52a (exemption and reduction where entitled under the Association Agreement)
- Nationality Act (StAG): § 10 (naturalisation as of right; referenced only as a bridge, not covered in depth)
- Statutory texts in the official full version at gesetze-im-internet.de (Federal Ministry of Justice and Consumer Protection / Federal Office of Justice): Residence Act (AufenthG), Residence Ordinance (AufenthV), Nationality Act (StAG)
Status: July 2026. Whether the requirements are met in an individual case and which permit comes into consideration is examined conclusively by the competent immigration office. All linked references were checked against the official full text at gesetze-im-internet.de on 30 July 2026.