Residence permit for asylum application; application

During the asylum procedure and after the asylum procedure has been concluded negatively or the asylum application has been withdrawn, an asylum seeker can only obtain a residence permit in certain cases in accordance with Section 10 of the Residence Act.

Foreigners receive a so-called "Aufenthaltsgestattung" (residence permit) during the asylum procedure in Germany. This is not a residence permit. As a temporary right of residence, it is only intended to allow residence in Germany for the purpose of carrying out the asylum procedure (see also "Related topics"- "Residence permit; issuing and applying for an extension").

A foreigner who has applied for asylum can only be granted a residence permit before the final conclusion of the asylum procedure, except in cases of legal entitlement, with the approval of the highest state authority and only if important interests of the Federal Republic of Germany require it.

A residence title issued or extended by the foreigners authority after the foreigner has entered the country may be extended irrespective of the fact that the foreigner has applied for asylum.

A foreigner whose application for asylum has been incontestably rejected or who has withdrawn his/her application for asylum may only be granted a residence title for a stay for reasons of international law, humanitarian or political reasons before leaving the country. If the asylum application has been rejected as manifestly unfounded in accordance with Section 30 (1) numbers 1 to 7 of the Asylum Act, no residence title may be issued before departure. These restrictions do not apply in the case of a legal entitlement to a residence permit.

The requirements for the issue of a residence permit differ depending on the purpose of residence (see "Related topics" - "Residence permit; issue and extension").