11. Holders of a temporary suspension of deportation certificate (Duldung) and the Immigration Act.
What changes are provided in the Immigration Act for holders of a temporary suspension of deportation certificate (Duldung)?
A Duldung issued before January 1, 2005 remains valid until the end of its term. Thus, your deportation remains suspended for that period. After the suspension expires, the foreigners authority (Auslanderbehorde) will re-decide on your stay. The so-called chain Duldung has been abolished by the new law.
Under the new provision, holders of a Duldung certificate are to be issued a residence permit (Aufenthaltserlaubnis) if the suspension of deportation has lasted 18 months and there are no obstacles to departure from the country for which the Duldung holder is responsible. You are considered responsible for obstacles to departure if, for example, you provide false information or falsify your identity or citizenship. A residence permit will also not be issued if, despite demands from the foreigners authority, you make no efforts to obtain documents for return to your home country.
A residence permit is initially issued for a maximum of six months. If you have already been legally in Germany for at least 18 months, you may be issued a residence permit for up to three years.
Family reunification for relatives is not possible.
12. Conditions for the right to permanent residence (permanent settlement permit).
The permanent settlement permit (Niederlassungserlaubnis) is issued indefinitely and grants the right to work. It is not limited in time or space and may not contain any additional conditions, except that under certain circumstances political activity may be prohibited or restricted.
You have the right to a permanent settlement permit if:
a) you have held a residence permit (Aufenthaltserlaubnis) for five years;
b) you have secure means of subsistence;
c) you have paid compulsory or voluntary contributions to the statutory pension insurance system for at least 60 months or can prove expenses for equivalent cover from an insurance institution, social security institution, or insurance company;
d) you have not been convicted in the last three years of an intentional crime to a juvenile sentence or to imprisonment of at least six months or to a fine of at least 180 daily rates;
e) your employment is permitted if you are in paid employment;
f) you have the other permits necessary for permanent employment;
g) you have sufficient command of the German language and – a new provision – have basic knowledge of the legal system and social order of Germany, as well as living conditions in the country;
h) you have sufficient living space for yourself and your family members living with you.
In the following cases, exceptions to the requirement of five years' possession of a residence permit apply.
Highly qualified specialists may be issued a permanent settlement permit immediately from the start of their stay.
After three years, persons holding a residence permit may be issued a permanent settlement permit:
* for the purpose of self-employment;
* under recognized refugee status;
* as a family member of a German.
Only after seven years may a permanent settlement permit be issued to persons who have obtained a residence permit under international law, humanitarian or political reasons, and do not have recognized refugee status.
A permanent settlement permit is not issued if you hold a residence permit solely for the purpose of study.
Special features: if you previously held a permanent settlement permit that was lost due to absence from Germany, certain periods will be credited toward the required five-year period. If you have a residence permit and have been abroad, periods spent abroad will be credited only to a limited extent, even if the stay abroad did not lead to loss of the residence permit. For persons recognized as refugees, the period during which they held a temporary residence permit (Aufenthaltsgestattung) is credited.
You are not required to have secure means of subsistence if the reason is physical or mental illness. The same applies to the obligation to pay contributions to the compulsory pension insurance for 60 months. This obligation does not apply to you if you are unable to pay contributions due to physical, mental, or psychological reasons. These conditions also do not need to be fulfilled if you are in training that ends with a recognized academic or vocational diploma.
Periods of interruption in payments due to childcare or care for relatives are credited. If you live as a spouse in a marital community or as a permanent partner, it is sufficient that only one person paid the compulsory contributions.
If, due to one of the aforementioned illnesses or a disability, you were unable to acquire the German language and knowledge of the legal and social system, you are not required to fulfill these conditions.
At its own discretion, the visa and registration department for foreign citizens may also disregard these conditions to avoid particularly severe circumstances. Other exceptions apply to you if you had neither the right nor the obligation to attend an integration course. If you had a residence permit (Aufenthaltserlaubnis) or a residence entitlement (Aufenthaltsbefugnis) before January 1, 2005, then proof of sufficient knowledge of the German language is not required. It is only necessary that you can communicate freely in German.
To be continued.
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