RESIDENCE ACT

§ 9a EC long-term residence permit

(1) The EC long-term residence permit is a permanent residence title. Section 9 (1), sentences 2 and 3 shall apply accordingly. In the absence of any provisions to the contrary in this Act, the EC long-term residence permit is equivalent to the settlement permit.

(2) A foreigner shall be issued with an EC long-term residence permit pursuant to Article 2, letter b of directive 2003/109/EC provided that

1. he or she has been resident in the Federal territory with a residence title for five years; same is valid if he/ she has applied for such a stay title or such a legal position and has not been decided on the finding yet finally,

2. his or her subsistence and the subsistence of his or her dependents who he or she is required to support is ensured by a fixed and regular income,

3. he or she has an adequate knowledge of the German language,

4. he or she possesses a basic knowledge of the legal and social system and the way of life in the Federal territory,

5. the granting of such a residence permit is not precluded by reasons of public safety or order, according due consideration to the severity or the nature of the breach of public safety or order or the danger emanating from the foreigner, with due regard to the duration of the foreigner’s stay to date and the existence of ties in the Federal territory and

6. he or she possesses sufficient living space for himself or herself and the members of his or her family forming part of his or her household.

Section 9 (2), sentences 2 to 5 shall apply mutatis mutandis to sentence 1, nos. 3 and 4.