End of three years of Aufenthaltstitel...what would be the next step

[Sx4]

Hello,
As the title says if someone is on family reunion based Aufenthaltstitel and is nearing 3 years (i.e. validity of Aufenthaltstitel), what would be the next options. I ask this question as I saw that one cannot apply for Niederlassungserlaubnis or Einbürgerung as the 3 years are not over. Is extending the Aufenthaltstitel then the only option?
Question is how does one time this visa process? (also how does one apply for extension)
Thanks
Sx4

[Bayrisch_Dude]

family reunion based Aufenthaltstitel

Never heard that phrase used. Perhaps you meant family union based? Regardless, AFAIR there are two types of Aufenthaltstitel. Married (union) and unmarried. Married is the fastest route to Niederlassungserlaubnis - three years. If one is single, or becomes so (divorced or widowed), then it's five years in Germany.

When you are roughly a month out of your Aufenthaltstitel expiry date, go to the Ausländeramt in your rathaus or landratsamt to apply for your Niederlassungserlaubnis.

There used to be hurdles such as financial stability and language proficiency before the Niederlassungserlaubnis was given. One would think these still apply.... but interacting in Germany as I do..... maybe not?

[bethannbitt]

When you are roughly a month out of your Aufenthaltstitel expiry date, go to the Ausländeramt in your rathaus or landratsamt to apply for your Niederlassungserlaubnis.

There used to be hurdles such as financial stability and language proficiency before the Niederlassungserlaubnis was given. One would think these still apply.... but interacting in Germany as I do..... maybe not?

I just went through this process, after 5 years here, and got my NE in December 2024. Details are here on Happy TT toward the end of the thread: Americans - US Passport Renewal & NE. The hurdles you refer to absolutely still exist. I got the ball rolling by emailing my case worker several months ahead of my 5 year date, but my 3-year Aet was not expiring that soon. He emailed me about what he wanted. I chose the online application format, and I saw him for 5 minutes when I picked up the NE. Was EZ-PZ.

[kaffeemitmilch]

Contact your ABH and ask them. They will probably tell you to apply for the NE and what documents you need.

[Sx4]

Contact your ABH and ask them. They will probably tell you to apply for the NE and what documents you need.

Thanks, I will do so when I get a little closer to the 3 year mark.
(p.s: How is ABH, How do I find who my ABH, and their contact info. Is that the person who interviewed me and approved the first Aufenthaltstitel?)

One more question: I have a DTB telc (Deutsch Test für Beruf) B2 certificate, Will that be acceptable as a proof of language requirement?

[bethannbitt]

Only B1 is required. And your case worker can even wave the test requirement if he/she has evidence that you function at the appropriate level. So you are likely good to go.

[kaffeemitmilch]

Contact your ABH and ask them. They will probably tell you to apply for the NE and what documents you need.

Thanks, I will do so when I get a little closer to the 3 year mark.
(p.s: How is ABH, How do I find who my ABH, and their contact info. Is that the person who interviewed me and approved the first Aufenthaltstitel?)

One more question: I have a DTB telc (Deutsch Test für Beruf) B2 certificate, Will that be acceptable as a proof of language requirement?

Yes the ABH (Auslaenderbehoerde) would be the people who issued you your residence permit. Ask them whether this language certificate would be sufficient. My guess is yes. Also, don't wait too long. Just tell them you want to start the process of getting your documents in order. If you're in a big city then you'll need the head start.

[Sx4]

Yes the ABH (Auslaenderbehoerde) would be the people who issued you your residence permit. Ask them whether this language certificate would be sufficient. My guess is yes. Also, don't wait too long. Just tell them you want to start the process of getting your documents in order. If you're in a big city then you'll need the head start.

Got it! Thanks. I will email the case manager (who approved the first Aufenthaltstitel) and ask how to proceed. It seems like extension would be the first step. I would want to know what documents are needed and which (If any) need translation from English.

[bethannbitt]

Keep us posted. FWIW none of my relevant documents had to be translated from the originals, which were all in English since I’m from the US.

[Sx4]

Keep us posted. FWIW none of my relevant documents had to be translated from the originals, which were all in English since I’m from the US.

Thanks, This info helps.

[kaffeemitmilch]

Keep us posted. FWIW none of my relevant documents had to be translated from the originals, which were all in English since I’m from the US.

Thanks, This info helps.

Any news?

[Sx4]

Any news?

Still waiting, will definitely post the follow-up.
Thanks

[Sx4]

Got an email from case worker that he would not respond unless the email was in response to a query initiated by him/her.
I also wrote to the LEA inquiry section and got a automated email asking to look up on their comprehensive website for the information.

[Sx4]

F/u and questions:
I finally got a reply from the case worker and they asked for more documents/information, specifically:

• Eine Nettogewinnermittlung vom 01.01.2025 bis zum 31.10.2025 *

• Eine Steuerunbedenklichkeitsbescheinigung, die nicht älter als 2 Wochen ist

• Kontoauszug zur Miethöhe

* for reference, I have registered as a selbständiger with Finanzamt (this job is mainly to keep me professionally active, my main source of income is dividends from investments, I was actually planning to FIRE (financially independent retired early). I had forwarded the Steuerbescheid with the application). Also my selbständiger work has no expenses, only income as I work as a scientific advisor and annotator (working from home and not claiming home office, computer expense or any other expense, so as to keep tax filling simple).

What do items 1 and 2 exactly mean and how do I provide them.
Thanks for any help and advice.

[PandaMunich]

F/u and questions:
I finally got a reply from the case worker and they asked for more documents/information, specifically:

• Eine Nettogewinnermittlung vom 01.01.2025 bis zum 31.10.2025 *

• Eine Steuerunbedenklichkeitsbescheinigung, die nicht älter als 2 Wochen ist

• Kontoauszug zur Miethöhe

* for reference, I have registered as a selbständiger with Finanzamt (this job is mainly to keep me professionally active, my main source of income is dividends from investments, I was actually planning to FIRE (financially independent retired early). I had forwarded the Steuerbescheid with the application). Also my selbständiger work has no expenses, only income as I work as a scientific advisor and annotator (working from home and not claiming home office, computer expense or any other expense, so as to keep tax filling simple).

What do items 1 and 2 exactly mean and how do I provide them.

No. 1 is just your business income minus your business expenses, minus the anticpated income tax on it: https://allaboutberlin.com/glossary/Net ... ermittlung

No. 2 is a certificate issued by the Finanzamt stating that you always paid your taxes on time: viewtopic.php?p=8740#p8740

[Sx4]

No. 1 is just your business income minus your business expenses, minus the anticipated income tax on it: https://allaboutberlin.com/glossary/Net ... ermittlung

Does that need to be prepared or certified by a registered Steuerberater? (the link you sent says "usually", so I am not too sure). Any suggestion of Steuerberator who can get this done or if online source like Tax Germany is good enough?
Thanks a bunch for your help again

[PandaMunich]

Normally yes, but since it's not your main source of income, just do it yourself and also take along your bank account statements showing the entry of the 2025 business turnover that you had declared in your Netto-Gewinn-Ermittlung.

Income tax approximation (I assume your dividends will be taxed separately, with the 26.375% flat rate tax of Abgeltungsteuer + Soli):

1. multiply your freelance profit (= business turnover minus business expenses) for January to October by 12/10, i.e. by 1.2, to get your estimated 2025 freelance profit
2. subtract your 2025 health&nursing insurance (Krankenversicherung + Pflegeversicherung) contributions from it, to get your taxable income
3. look up the 2025 income tax on this taxable income here: https://www.bmf-steuerrechner.de/ekst/e ... ekst.xhtml
4. divide that yearly income tax by 1.2, to get the income tax for the period January to October 2025

Now put everything together:

??? Betriebseinnahmen 01.01.2025 - 31.10.2025 (= business turnover
- ??? Betriebsausgaben 01.01.2025 - 31.10.2025 (= business expenses)
- ??? Einkommensteuer auf freiberuflichen Gewinn 01.01.2025 - 31.10.2025 (income tax for January to October 2025)
________________________________________________________________________________________________________________________
= Nettogewinn 01.01.2025 - 31.10.2025

Please also take along the account statements showing your dividends enter.

[Sx4]

Please also take along the account statements showing your dividends enter.

Sacharbeiter asking for more income evidence!

So I did submit a Nettogewinnermittlung (and also a Prufuungsbericht) both prepared by a Steuerberater. The durchschnittliche Bruttoeinkommen income totals (self about 2470, and spouse 2830, total ~5300) is higher than the amount listed Lebensunterhaltsberechnung on Berlin's quick check page....but I got a reply from the Sacharbeiter that "nach der Berechnung Ihres Lebensunterhaltes bin ich auf eine Summe von -1,580,00€. Damit ist der Lebensunterhalt keineswegs gesichert. Falls Sie andere Einkünfte haben sollten, bitte ich Sie diese mir auch zu übersenden."

I had submitted last years Steuerbescheid and also Included last three years dividend statements (1099-DIV) from the brokerage showing high dividends, but I guess they did not take that into considerations.

Of note, my rent is high (~2900 per month because we could not find anything better closer to school and I can afford it; and my Krankernversicherung is 1077 per month, because it takes Kapitaleinkommen into consideration.

I am not retirement age, but have full retirement from Social security as well as from my previous work in USA (401k rolled over to an IRA in the USA)

Questions: In the reply from Sacharbeiter, does that Summe -1,580,00€ is per month? or Total for the year?
How do I convince the Sacharbeiter or provide more proof.

Please advise/help, I am quite desperate.

[warsteiner70]

"I had submitted last years Steuerbescheid and also Included last three years dividend statements (1099-DIV) from the brokerage showing high dividends, but I guess they did not take that into considerations."

Did you submit this correctly? The reason I ask is I paid additional UK pension contributions last year and when I submitted my tax this year it wasn't taken into consideration. I used Elster and uploaded proof of the UK pension contributions but didn't attach them to the submission so they were ignored.

Is there a similar situation here? Is it possible for the Sacharbeiter to have missed the dividends?

Submit an Einspruch and mention the amount of dividends you received in the last 3 years and ask for clarification around their calculation of 1,580,00€.

[bethannbitt]

If you are living off of these dividends I would expect them to be included in your monthly/annual proof of ability to support yourself here. Our situation was: we arrived here, 60+, living for several years off of savings and documentary proof of future IRA RMDs and US Social Security payments. One year after arriving and still in the same boat, we were handed, without asking, a 3-year extension. Same thing happened at year 4. Since then my husband receives RMDs and his SS and shortly after the 5-year mark (Fall of 2024) we converted to the Niederlassungserlaubnis. I'll be applying for my SS within the next year or so. Maybe the case worker doesn't understand or maybe I don't understand something in your story. How about finding somebody on the ground there in person to go through this with you in order to try and unravel where the confusion lies? Best of luck to you.