Section, sentence, nos. (German immigration law)

Question

Section 18b of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory contains the next text:

A foreigner who has successfully completed his studies at a state or state-recognised university or a comparable educational institution in the federal territory shall be granted a permanent settlement permit, if (1..3 omitted) and 4. the requirements of Section 9 (2), sentence 1, nos. 2 and 4 to 9 are met; Section 9 (2), sentences 2 to 6 shall apply accordingly.

Section 9(2) consist of: (it's not necessary to read them all)

(2) A foreigner shall be granted a permanent settlement permit if

1. he has held a temporary residence permit for five years,

2. his subsistence is secure,

3. he has paid compulsory or voluntary contributions into the statutory pension scheme for at least 60 months or furnishes evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company; time off for the purposes of child care or nursing at home shall be duly taken into account,

4. granting such a temporary residence permit is not precluded by reasons of public safety or order, according due consideration to the severity or the nature of the breach of public safety or order or the danger emanating from the foreigner, with due regard to the duration of the foreigner’s stay to date and the existence of ties in the federal territory,

5. he is permitted to be in employment, if he is in employment,

6. he possesses the other permits required for the purpose of the permanent pursuit of his economic activity,

7. he has sufficient command of the German language,

8. he possesses a basic knowledge of the legal and social system and the way of life in the federal territory and

9. he possesses sufficient living space for himself and the members of his family forming part of his household.

What does 18b #4 mean exactly? Which paragraphs one should satisfy? All from 1 to 9? Why then phrases from 18b are so complicated?

Answer 1

This appears to be a fairly straightforward construction. Section 9(2) and 18b share a number of requirements, so 18b points back instead of repeating them. But not all requirements are shared.

In particular, requirement 3 (covering pensions) does not apply to newly-graduated students. That's not strange since students are not paid wages. Also, they're not subject to the 5 year residence permit requirement.

As for "sentences 2 to 6 shall apply accordingly.", this covers waivers to these requirements.

Answer 2

Section 9 (2), sentence 1, nos. 2 and 4 to 9 are met; Section 9 (2), sentences 2 to 6 shall apply accordingly.

means

Of the first sentence of § 9 (b)

• "A foreigner shall be granted a permanent settlement permit if ...",

the conditions specified under points 2, 4, 5, 6, 7, 8, 9 must be met.

Additionally, the sentences 2 to 6, i.e.,

• The requirements of sentence 1, nos. 7 and 8 shall be deemed ...
• These requirements shall be waived if the foreigner is ...
• The requirements of sentence 1, nos. 7 and 8 may ...
• The aforesaid requirements shall further be waived if ...
• The requirements of sentence 1, nos. 2 [and 3] shall also be waived if ....

shall apply accordingly. Note that I placed "and 3" in brackets as no. 3 does not need to be met already by the first restriction and so no waiving needs to be discussed.