Suitable and excluded residence permits; when a change of permit is required

We examine the exact legal basis of your residence permit and clarify whether naturalisation requires a change of title. The duration shown on the card and permission to work do not answer this question on their own. Knowing the exact statutory provision helps you identify whether your current permit is generally sufficient or whether you first need a different residence status.

The electronic residence permit or its supplementary sheet usually states the statutory basis. Not only the section number matters, but also the paragraph and, where applicable, the sentence. Particularly for humanitarian residence permits, two permits with the same section number may need to be assessed differently for naturalisation.

We compare the details on your document with the latest decision. Having originally entered Germany with a particular visa does not necessarily tell you anything about the current permit. Similarly, the description “work permit” is too imprecise: gainful employment may also be permitted during residence for study, protection or family reasons. The legal basis of the right of residence remains decisive.

This article addresses which permits qualify for naturalisation by entitlement under § 10 StAG. The overview of the required residence status explains the relationship with the duration of residence and the time of the decision. Those entitled to freedom of movement can find the special rules in the article on EU, EEA and Swiss nationals.

In addition to permanent rights of residence and the EU Blue Card, § 10 paragraph 1 sentence 1 number 2 StAG generally permits residence permits that do not serve an expressly excluded purpose of residence. The law therefore distinguishes between legal categories. It does not require an additional individual assurance for every temporary permit that a settlement permit will definitely be issued later.

The exclusions can be organised by subject matter. This grouping provides guidance; the individual provisions remain legally decisive.

§ 104c AufenthG is also included in the list of exclusions. Under the version in force on 17 October 2026, this provision contains a transitional rule for opportunity-based residence permits already issued. A permit that is still valid remains in force until the end of its validity; it has therefore not disappeared simply because of the legislative change. As such, it remains insufficient for naturalisation by entitlement.

The transitional rule also provides that an extension is possible only as a residence permit under § 25a or § 25b. Under § 104c paragraph 2, an application for a different permit does not have the effect provided for in § 81 paragraph 4. A general recommendation to apply for any new permit and rely on continuation of the existing permit would therefore be wrong here. The current transitional rule in § 104c AufenthG is decisive.

The assessment must be based on the law in force. In particular, the 2024 reform removed § 18d and § 23 paragraph 1 from the list of exclusions. Information that continues to describe these provisions as generally unsuitable does not accurately reflect the current list. The Opportunity Card and changes to section numbers also require attention.

For a pending application, we examine both your title and the version of the law on which official information relies. Advice that was once correct may now be outdated. Conversely, an earlier, more favourable statement does not justify assuming that every later change in the law is irrelevant to your own application.

Changing a permit is a separate procedure under residence law handled by the immigration authority. First, it must be established which new permit is a possibility in light of the person's actual circumstances. After completing a degree, for example, this may be a skilled worker permit. Where there is a suitable family situation, residence for family reasons may become relevant. The requirements, evidence and possible restrictions on changing permits differ.

We examine your existing title, the potential new legal bases and the evidence they require. For employment, we consider qualifications, recognition and the employment contract; for family rights, civil-status records and family circumstances. We do not select a title merely because its number is absent from the exclusion list: its own conditions must be met.

Where several residence options are available, we discuss their overall effects with you: ties to an employer, continued validity after family changes and longer-term residence security. We include your naturalisation goal without overlooking the independent requirements of residence law.

This matters when coordinating the two procedures. The naturalisation authority can be informed of the application submitted and, later, provided with evidence of the grant. Until the suitable status exists, however, a positive forecast alone does not satisfy the status requirement. A Fiktionsbescheinigung must therefore be read together with the previous permit. The basis of the general continuation rule is § 81 AufenthG.

A proper change between residence permits does not automatically reset the residence period to zero. The previous period is assessed under the rules on lawful habitual residence. Periods of study may therefore remain relevant even though § 16b is excluded as a current permit for an entitlement. Nor may a blanket rule counting only half the time, used in other residence-law procedures, be transferred to naturalisation without examination.

The situation differs where there are actual interruptions or periods that do not count because of their legal nature. A separate calculation and, where appropriate, consideration of § 12b StAG may be necessary here. The detailed article on study, training and permission to remain during asylum proceedings addresses these periods; return deadlines and gaps in residence explains interruptions.

Successfully changing to a residence permit under § 25a or § 25b is an important step under residence law. However, the earlier periods of residence taken into account for this may also include periods of tolerated stay or permission to remain during asylum proceedings. This does not mean that the same periods count in full for naturalisation. The statutory standards for language skills or financial security may also differ.

Once a suitable title is granted, we continue the naturalisation assessment under the requirements that actually apply. The new permit resolves the question of current status; it does not also certify that all the requirements of the StAG are met. This distinction prevents both an unnecessary restart of the residence period and a premature assumption that the change of permit has already created the full entitlement to naturalisation.

Following a change, we document in the naturalisation application which new title was actually granted and when it took effect. The decision granting it, or unequivocal confirmation from the immigration authority, and the new document provide this evidence. An acknowledgement of receipt of the application to change permits, an appointment confirmation and an employment contract each prove something different. If the card is still being produced, we clarify the legal act already completed and proof of the existing right.

We document the transition from the old to the new title so that the naturalisation authority can follow both periods. A Fiktionsbescheinigung relates to the earlier permit and the underlying application, whereas evidence of the grant relates to the new status. This enables the naturalisation authority to assess both the intervening period and the suitability of the status today. Merely stating “now employed” leaves open whether only employment has so far been permitted or whether a permit for a suitable purpose of residence has already been granted.

For people entitled to protection, a distinction must also be made between the BAMF decision and the immigration authority's grant of a residence permit. A recognised entitlement to protection may open the way to a residence permit, but does not generally replace proof of that permit. Further questions about the form of protection, documents and crediting periods are covered in naturalisation with refugee protection and other protection status. Once the suitable status is established, the duration of residence, identity, livelihood and required knowledge, in particular, must still be assessed independently.