Residence permit; application for reasons of international law, humanitarian or political reasons

Foreigners who have been recognized by the Federal Office for Migration and Refugees as eligible for asylum, refugee or subsidiary protection, or for whom a ban on deportation has been established, can apply for a residence permit.

For each asylum application, the Federal Office for Migration and Refugees (BAMF) checks whether one of the four forms of protection applies on the basis of the Asylum Act. The following positive decisions are possible:

• Recognition of refugee status in accordance with the Geneva Refugee Convention (Section 3 (1) Asylum Act),
• Recognition as a person entitled to asylum (Article 16a (1) of the Basic Law),
• Granting of subsidiary protection (Section 4 (1) Asylum Act),
• Determination of a ban on deportation (Section 60 (5) or (7) Residence Act).

Further information on the individual forms of protection can be found under "Further links".
If there is a positive BAMF decision with an entitlement to protection, a corresponding residence permit can be applied for (Section 25 (1-3) Residence Act).

Admission from abroad via humanitarian admission programs of the federal and state governments

Temporary residence permit for urgent reasons

Holders of a residence permit in accordance with Section 104c of the Residence Act (so-called "right of residence on the basis of opportunity") can apply for a residence permit in accordance with Section 25a of the Residence Act (residence permit for well-integrated young people and young adults) or Section 25b of the Residence Act (residence permit for sustainably integrated persons). The prerequisite is that the 18-month right of residence has been successfully used to meet the requirements for residence permits under Section 25a or Section 25b of the Residence Act.

Residence permits for persons obliged to leave the country for humanitarian reasons

Tolerated persons can receive a residence permit for humanitarian reasons under certain conditions. The Residence Act contains various special regulations in this regard. Humanitarian reasons that may lead to the granting of a residence permit include, for example, if

• the departure of a foreigner is impossible for a longer period of time for legal or factual reasons through no fault of their own and the obstacles to departure are not expected to cease in the foreseeable future (Section 25 (5) Residence Act).
• a foreigner before the age of 27 is to be granted a right of residence on the basis of his/her good integration (in particular successful school attendance or acquisition of a school or vocational qualification) into German living conditions. Parents and underage siblings may be able to derive a right of residence from this person, provided the title holder is a minor themselves (§ 25a Residence Act).
• a foreigner has integrated into the living conditions of the Federal Republic of Germany in a sustainable manner. In addition to a certain knowledge of the language, this also requires in particular that the foreigner is able to earn a living. As a rule, the foreigner must have resided in Germany for at least six years. If they live in a household with a minor child, they must generally have resided in Germany for at least four years. Spouses or life partners as well as unmarried underage children can derive a right of residence from this person (§ 25b Residence Act).

Extension of a residence permit for reasons of international law, humanitarian or political reasons

• the foreigners authority has excluded the extension from the outset in an ancillary provision,
• the reason for residence no longer applies, for example because recognition as a person entitled to asylum or refugee has been revoked by the Federal Office for Migration and Refugees or there is no longer an obstacle to leaving the country,
• it is an opportunity right of residence in accordance with Section 104c of the Residence Act. Those affected can apply for a permanent residence permit in accordance with Section 25a of the Residence Act (residence permit for well-integrated young people and young adults) or Section 25b of the Residence Act (residence permit for those who are sustainably integrated). If the requirements for a residence permit in accordance with Section 25a or Section 25b of the Residence Act are not met, the person will be required to leave the country again and may be granted a new tolerated stay.

• The following documents - if available - should be submitted to the Foreigners' Registration Office for the application:
  • Identity document (passport, passport replacement document) or alternative proof of identity (e.g. birth certificate, ID card),
  • Current residence document and supplementary sheet (residence permit, visa, residence permit or toleration),
  • Proof of power of representation if the application is made on behalf of another person (parents do not require this proof),
  • Proof of current employment,
  • Proof of means of subsistence (usually proof of income, notification of the granting of state benefits, declaration of commitment),
  • Proof of qualifications
  • Proof of name where names are spelled differently
    You may have documents in which a different name or spelling was used. In order to enable the clear assignment of verification documents to your person, you should inform the immigration authority in a suitable form if you have different names or spellings of your name (e.g. by presenting the marriage certificate, certified transliteration of your name into the Latin alphabet, certificate of validity of the name declaration to the registry office).
  • Proof of financial or personal circumstances if there have been changes since the last contact with the authorities,
  • Proof of family relationship if the right of residence is derived from a family member or the application includes other family members,
  • Proof of sole custody, if this exists, and a declaration of consent to residence by the person with custody if the application includes underage children,
  • Proof of previous convictions
  • for persons who have entered Germany under a German admission program for persons seeking protection: Copy of the admission document (admission confirmation, admission notice or order).
  • for persons who have to stay in Germany temporarily for urgent reasons:
    • Evidence to justify the temporary stay,
    • proof of existing maintenance obligations.
  • for persons with a right of residence on opportunity (§ 104c Residence Act) and holders of a tolerated stay permit who wish to apply for a permanent residence permit:
    • Curriculum vitae,
    • Proof of school attendance or recognized school or vocational qualification,
    • Proof of independent means of subsistence (proof of income, scholarship),
    • Proof of health insurance cover,
    • Proof of existing maintenance obligations,
    • Proof of basic knowledge of the legal and social order,
    • Proof of knowledge of the German language,
    • Proof of the children's school attendance,
    • Proof of illness or disability, if applicable.
  • For the extension of a residence permit: Proof of participation in the integration course (certificate), if participation was mandatory.
• Depending on the individual case, the foreigners authority may ask you for further documents.

There must be one of the following reasons for issuing the residence permit:

• Recognition of refugee status
• Recognition as a person entitled to asylum
• Recognition as a person entitled to subsidiary protection
• Determination of a ban on deportation
• urgent humanitarian or personal reasons
• Exceptional cases of hardship
• Victims of criminal offenses according to §§ 232 to 233a of the German Criminal Code (StGB)

Among other things, the extension will take into account whether any obligation to attend an integration course has been fulfilled.

Many immigration authorities offer an online application procedure. Please check this option for your foreigners authority. If your foreigners authority does not offer an online procedure, please contact the foreigners authority by e-mail or speak to them in person.

If the application is approved, the immigration authority will commission the Bundesdruckerei to produce the electronic residence permit in the form of a cheque card.

The authority will inform you when your residence permit is ready for collection.

• Adults: 100,00 EUR
• Minors: EUR 50.00
• for refugees, beneficiaries of subsidiary protection and recipients of social benefits: none

Your foreigners authority will inform you about the respective fee amount.