The possibility for foreigners to receive social benefits from the German state depends in particular on which residence title the foreigner has.
A basic distinction must first be made between the four types of residence permit that exist in Germany:
- Settlement permit
- Residence permit
- Visa
- Permanent residence-EC
- Tolerance
- EU Blue Card
But even within these types of residence titles, there are further differences as to which type of social benefits can be applied for by the respective foreigner.
The basis for the possibility of foreigners to receive social benefits in Germany is the welfare state principle. This principle, which is enshrined in Article 20 of the Basic Law, obliges the German state to ensure that social differences in the Federal Republic of Germany are equalised and that people living in the Federal Republic of Germany receive adequate social care.
The welfare state principle is not linked to German citizenship, but also applies to people who merely have their habitual residence in Germany.
The following social benefits are available in Germany, among others
Among other things, there are the following social benefits in Germany, some of which can also be received by foreign citizens:
SGB II:
SGB II (Social Code II) is the law that applies when people talk about unemployment benefit II or Hartz IV benefits. SGB II distinguishes between benefits to secure subsistence and benefits for integration into employment.
SGB XII:
SGB XII (Social Code XII) covers the living expenses of people who are unable to work and people over the age of 65. In addition, SGB XII regulates supplementary assistance for people in need of care and people with disabilities.
AsylbLG:
The Asylum Seekers' Benefits Act, on the other hand, is a completely independent benefit law that is not comparable with the benefit systems of SGB II and SGB XII. Asylum seekers and foreign refugees in particular, who are unable to cover their own living expenses from their own income or assets, initially receive benefits in accordance with the Asylum Seekers' Benefits Act.
Child benefit:
Child benefit, which is regulated in §§ 32, 62 - 78 EStG (Income Tax Act), is a state payment to legal guardians. Child benefit is paid depending on the number and age of the children.
Parental allowance:
Parental allowance replaced the previous child-raising allowance in 2007. Parental allowance is a wage replacement benefit, the amount of which is based on the previous income of the caring parent.
Advance maintenance payments:
The so-called maintenance advance serves to provide financial support or security for children who live with a single parent and do not receive any or sufficient maintenance from the other parent.
BAföG benefits:
BAfög benefits (benefits in accordance with the Federal Training Assistance Act) are state subsidies that pupils and students can receive from the state during their training or studies in order to cover their living costs.
Housing benefit:
Housing benefit is another form of state support for citizens who receive a rent subsidy due to low income.
With regard to residence permits, a distinction can be made between the following residence permits:
Settlement permit:
The settlement permit is an indefinite residence title that generally authorises the holder to take up gainful employment.
Permanent residence permit-EG:
The EC permanent residence permit is also an unlimited residence title. It differs from the settlement permit in that it also allows you to take up employment in other European countries.
residence permit:
The residence permit is a temporary residence title and is issued for the purposes specified in the Residence Act
With regard to the possibility of receiving social benefits, a distinction must be made here between the purposes of residence for humanitarian reasons, for the purpose of studying or training, for research, for employment, for family reunification for spouses or children and for other purposes. Of particular importance here is the residence permit for skilled workers for the purpose of gainful employment under the new Skilled Labour Immigration Act.
Residence permit:
The residence permit is not an independent residence title. When a formal application for asylum is made, asylum seekers are issued a certificate of permission to stay by the BAMF (§ 63 AsylG), which authorises them to stay in Germany to carry out the asylum procedure.
Tolerance:
According to the definition of the right of residence, toleration is a "temporary suspension of deportation" of foreigners who are obliged to leave the country.
It does not constitute a residence title and therefore does not constitute legal residence in the federal territory.
A foreigner with a tolerated stay permit in accordance with § 60a AufenthG can generally receive benefits in accordance with the Asylum Seekers Benefits Act.
EU Blue Card
The EU Blue Card pursuant to Section 18b (2) AufenthG is a temporary residence permit for the purpose of gainful employment.
EU Blue Card holders, for example, are entitled to SGB II benefits.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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7 responses
But as an ordinary EU citizen who does not yet fulfil the requirements for permanent residence, but who has EU but not German citizenship, am I entitled to BAföG? I would be entitled to freedom of movement if I come to Germany as an EU citizen and start my studies here.
Hello, my boyfriend is from Colombia and he has a student visa. What kind of state financial aid could he get?
Dear Sir or Madam, I moved to Germany because of my daughter who lives in Germany. I come from Poland. Now my pension is below Harz IV. Am I entitled to housing benefit? The lady from the housing benefit office said that I don't, that my income is too low. I am also not entitled to basic income support as I have only lived here for 2 years. Is that correct? Thank you very much.
My girlfriend is from Belarus and has a son by a German man who lives in Switzerland. Paternity and nationality have been established in court. There is no contact with the father, no maintenance payments, etc. Son is 6.5 years old, has a German passport and wants to stay in Germany. What financial support can be applied for here for the child and/or mother?
Immigration office has not yet issued a residence permit with a work permit.
Hello
I (25 years old, EU citizen, grew up in Germany) have been receiving unemployment benefit 2 for the second time in two months (the first time was from June to July, after which I found a job and was recently made redundant). Now the job centre is demanding a permanent residence certificate, which I have applied for. The town hall rejected the application because I have not worked continuously in the last 5 years. Does this rejection mean that my entitlement to benefits also lapses? What am I supposed to live on then?
I got married 4 years ago in Brazil and lived there.everything went down the drain there because of Corona and we went to Germany.my wife is not allowed to work no entitlement to Hartz4 and I am not paid the full rent of my flat and less living expenses because my wife lives with me.totally unfair I can't survive.