RESIDENCE PERMIT UNDER SECTION 7(1), SENTENCE 3 OF THE RESIDENCE ACT (GENERAL PROVISION)
The residence permit under Section 7(1), sentence 3 of the Residence Act is a temporary residence permit that is only granted if the intended purpose of residence is not expressly regulated in the Residence Act. This means that it does not apply to work, study or family reunification with persons for whom a specific legal basis exists. The legal basis must be specified in the electronic residence permit (Section 59(3) of the Residence Permit Regulation).
The granting of a permit under Section 7(1), third sentence, is particularly relevant in individual cases, e.g. for foreign nationals from countries with trade and economic agreements (Dominican Republic, Indonesia, Iran, Japan, Philippines, Sri Lanka, USA, Turkey), where no other purpose of residence exists. In this context, the applicant’s personal circumstances, such as previous stays, integration or ties, must be weighed against the public interest.
For employed persons receiving a pension in Germany, permission may be granted upon retirement, provided that their livelihood is secured. Employed persons without a pension entitlement or non-working persons wishing to settle in Germany require, according to German standards, an adequate pension provision or must examine case-by-case arrangements.
Section 7(1) sentence 3 may also apply to research stays, scholarship holders (e.g. writers-in-exile) or journalists from crisis regions, provided there is no intention to work. The residence permit is generally granted with the additional condition ‘gainful employment not permitted’.
Foreign nationals whose residence permits have expired but who wish to remain in the Schengen area for a short period may, in individual cases, be granted a new residence permit under Section 7(1), third sentence, provided that their means of subsistence and willingness to return are assured. The same applies to hospital patients whose stay is for the purpose of medical treatment; accompanying persons are granted a permit solely for the purpose of providing care.
The residence permit under Section 7 is, in principle, not intended for gainful employment. Exceptions to the prohibition on gainful employment are only possible with the consent of the Federal Employment Agency. Its duration depends on the purpose of the stay and is set for a limited period, which is generous but tailored to the purpose. Subsequent reductions are only permissible if the conditions for granting the permit no longer apply.
