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Updated: September 8, 2026 · Residence permit § 38a

German residence permit for EU long-term residents (§ 38a AufenthG)

If you already hold EU long-term resident status in Italy, Spain, Poland, Portugal or another EU country and want to move to Germany and obtain German citizenship after five years of residence, this article is for you.

What is § 38a AufenthG

Section 38a of the German Residence Act (Aufenthaltsgesetz) governs the issuing of a temporary residence permit (Aufenthaltserlaubnis) to foreign nationals who already have EU long-term resident status in another EU member state.

The logic is simple: if you met the strict requirements of another EU country for Daueraufenthalt-EU status, Germany gives you simplified access to its labour market and long-term residence. Unlike national visas (§§ 5–7 AufenthG), § 38a makes it easier for people already integrated into the EU legal framework to move.

Important: this requires EU long-term resident status specifically (the document usually says "EU long-term resident", "Daueraufenthalt-EU", "residente di lungo periodo UE", "residencia de larga duración-UE" or similar). A national permanent residence permit without this designation is not sufficient. Status issued by Denmark or Ireland does not give a right to move under this provision either.

How to apply

The right to a residence permit under § 38a is not automatic. You must apply to the foreigners authority (Ausländerbehörde) at your future place of residence in Germany and prove that all conditions for lawful residence are met.

Holders of EU long-term resident status from a Schengen country can enter Germany without a visa and apply for the residence permit there. Apply as early as possible, within the first three months after entry, while your short-stay right applies.

Requirements for a § 38a residence permit

1. EU long-term resident status in another EU country (not Germany). This means you already met that country's requirements for residence period, means of subsistence and insurance.
2. Secure livelihood (gesicherter Lebensunterhalt). Stable income or other lawful means without relying on social benefits.
3. Adequate housing by German standards.
4. Valid health insurance in Germany.
5. Purpose of stay: employment, self-employment, studies or vocational training, or other purposes.
6. No obstacles. Disputes about your status, restrictions or court proceedings in your country of residence can complicate the application in Germany.

Work and business with a § 38a permit

From the moment the permit is issued, you can work as an employee with the approval of the Federal Employment Agency (Bundesagentur für Arbeit). For the first 12 months the permit is tied to a specific employer. After 12 months this restriction is lifted and you can work for any employer.

The law also allows self-employment if the conditions of § 21 AufenthG are met: an economic interest or regional need, a positive effect on the economy and secured financing.

Prospects: permanent residence and German citizenship

The integration prospects for a § 38a permit holder are good:

• Settlement permit (Niederlassungserlaubnis). After several years of lawful residence you can apply. You need to prove your period of residence, stable employment, pension insurance contributions and German language skills.
• Citizenship (Einbürgerung). Under § 10 StAG you can generally apply after five years of lawful residence in Germany, with German at B1, secure income and a passed Leben in Deutschland test. Dual citizenship is permitted in Germany.

In short, § 38a AufenthG is a bridge for people already integrated into the EU who want to move to Germany with lawful residence and the right to work.

How much does § 38a support cost

The cost depends on your situation: the country that issued your status, the purpose of the move (employment, business, family), how ready your documents are and the city in Germany.

Support usually includes:

• checking your EU long-term resident status and documents from your country of residence;
• choosing the purpose of stay and application strategy;
• preparing the document package for the Ausländerbehörde: proof of income, housing, insurance, employment contract or business plan;
• help with Anmeldung and the Ausländerbehörde appointment;
• support until your residence permit is issued.

We calculate the exact price after a consultation: in 45 minutes we check your status, review your documents and build a relocation plan. The €90 consultation fee is credited towards the support package.

FAQ

Who is the § 38a AufenthG residence permit for?

For people who already hold EU long-term resident status in another EU country, such as Italy, Spain, Poland or Portugal. A national permanent residence permit without a designation like "Daueraufenthalt-EU" is not enough for § 38a. Status issued by Denmark or Ireland does not give a right to move under this provision.

Do I need a visa to enter Germany under § 38a?

Holders of EU long-term resident status from a Schengen country can enter Germany without a visa and apply for the residence permit there. It is best to apply within the first three months after entry, while your short-stay right applies. The right to the permit is not automatic: the Ausländerbehörde decides.

Can I work straight away with a § 38a permit?

You can work as an employee from the moment the permit is issued, with the approval of the Federal Employment Agency. For the first 12 months the permit is tied to a specific employer; after 12 months that restriction is lifted. Self-employment is allowed if the conditions of § 21 AufenthG are met.

After how many years can I apply for German citizenship?

Under § 10 StAG you can generally apply after five years of lawful residence in Germany. You need German at B1, secure income and a passed Leben in Deutschland test. Dual citizenship is permitted in Germany.