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Created on Thursday, 06 October 2011 18:50

Last Updated on Friday, 28 December 2012 18:46

Means of Subsistence for Settlement Permit for Alien with German Children

As it is clearly detailed in §9 AufenthG, you need to have the means to sustain your personal life as well as the life of your dependants. What happens however, when a single parent earns so much that it suffices for herself but not totally for her children having German citizenship? Continue reading for the BVerwG‘ judgment (re 1 C 12.10 of August 16, 2011).

In this case, a mother was living in Germany divorced from her husband and had a temporary residence permit. In order to finance her livelihood and that of her children she was working part-time as kitchen maid in a kindergarten and further received supplementary unemployment benefits II (Arbeitslosengeld II). In 2009, she applied for a settlement permit. This application was denied because her livelihood depended on public aid. The lower court agreed with her. The foreigners authority then appealed this judgment. The case was then decided by the highest administrative court.

The Federal Administrative Court in Leipzig held that a settlement permit cannot be granted when the achieved income does not suffice for the total family. The bread winner is supposed to maintain the whole core family. Welfare payments and then even, when only supplementary, are never sufficient.