Do I need permanent residency to apply for German citizenship?

Germany’s new citizenship law has made it easier for long-term residents to become eligible for a German passport. 

But if you’ve lived in Germany for over five years and still have a temporary residence permit, do you need to convert it to a permanent residence permit before you are eligible for citizenship?

Residency requirements of the new German citizenship law

On June 27, 2024, Germany enforced its new citizenship law. The new law means that if you have been a resident in Germany for five years or more you may be eligible for a German passport, and you can keep your original nationality by having dual citizenship.

In cases of “exceptional integration”, some residents are eligible for a passport after just three years of living and working in Germany.

When they move to Germany, non-EU citizens must apply for a temporary residence permit (Aufenthaltstitel), which after five years of residency - or fewer than five years for highly-skilled workers and German university graduates - can be converted to a permanent residence permit (Niederlassungserlaubnis).

So what if you have been living in Germany for five years or more and meet the other work or social security requirements for citizenship, but don’t have permanent residence because your temporary residence permit is longer than five years? Or you’re waiting for an appointment at the Ausländerbehörde to convert your permit to a permanent one? 

Permanent and long-term residents can apply for citizenship

According to the Federal Government Commissioner for Migration, Refugees and Integration, eligible candidates need, “Proof of a permanent right of residence or a long-term residence permit”.

So those with permanent residence status have the go-ahead to apply, but what does “long term” mean? This is where it gets more complicated.

The German government generally considers you a long-term resident eligible for citizenship if you meet one of the following four criteria:

• You are family (e.g. spouse or child) of an EU citizen in Germany and therefore have the right to freedom of movement. In this case, you “do not need a residence title (Aufenthaltstitel), only a residence card (Aufenthaltskarte) for family members of EU citizens. You can get your card from the foreigners’ authority (Ausländerbehörde) when you enter Germany.
• You are a citizen of Iceland, Liechtenstein or Norway.
• You have a right of residence under the Withdrawal Agreement (Article 50) between the EU and the United Kingdom after Brexit, or the Agreement on the Free Movement of Persons between the EU and Switzerland.
• You are a Turkish worker or a family member of a Turkish worker and have a right of residence under the Association Agreement between the EU and Turkey.

Can I apply for German citizenship with a temporary residence permit?

So if none of the above apply to you, are you still eligible for German citizenship with a different kind of temporary residence permit? The answer is, Jein (yes and no).

According to the Federal Government Commissioner for Migration, Refugees and Integration, a temporary residence permit may be sufficient if: 

• You are in Germany as a skilled worker (workers with professional training or academic degrees) or if the residence permit was issued for family reunification.
• You are entitled to asylum or are a beneficiary of international protection, as well as for certain other humanitarian reasons.

However, there are several circumstances in which a temporary residence permit is not sufficient. For example, if you are training or studying in Germany, if you have been granted a certain type of stay for humanitarian reasons, or if your deportation has been temporarily suspended.

The most sure way to know if you are eligible for citizenship with your existing temporary residence permit is to check the details of your Aufenthaltstitel ID card.

Your ID will cite under which Residence Act paragraph your stay in Germany is permitted. Under the following paragraphs, you are not currently eligible: §§16 a, 16b, 16d, 16 e, 16 f, 17, 18 f, 19, 19b, 19e, 20, 22, 23a, 24, 25 paragraph 3 to 5 or §104c AufenthG.

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