Applying for a residence permit where subsidiary protection has been granted

If you have been granted subsidiary protection by the Federal Office for Migration and Refugees, you should apply for a residence permit at the relevant immigration authority.

You are entitled to a residence permit (legal entitlement) if you have been recognised by the Federal Office for Migration and Refugees, in a decision that cannot be challenged, as a person entitled to subsidiary protection. However, you must not be granted a residence permit if you have been deported on the grounds of a particularly serious reason for deportation (e.g. a conviction for an intentional criminal offence resulting in a custodial sentence or a youth sentence of at least two years).

Until the residence permit is issued, your stay is deemed authorised by law.

The residence permit authorises you to take up gainful employment.

Persons entitled to subsidiary protection are granted a residence permit valid for one year, which may be renewed for two-year periods. After a minimum of five years (including the duration of the asylum procedure), a permanent residence permit may be granted, provided you meet the relevant criteria.

You are subject to a residence requirement for three years in the federal state to which you have been assigned for the purposes of the asylum procedure. The residence requirement does not apply, or may be waived, if you, your spouse, registered civil partner or a minor child takes up or has taken up employment subject to social insurance contributions for at least 15 hours per week and with a minimum income exceeding the average monthly subsistence level under the Social Code (SGB) (currently 723 euros), or commences or has commenced vocational training or a degree course. The employment must also be of a long-term nature. This is assumed if your employment is expected to last for more than three months.

Legal consequences:

They are permitted to work.

You are entitled to social security benefits (basic income support for jobseekers, or basic income support in old age or in the event of reduced earning capacity), as well as child benefit, parental allowance and student finance.

Family reunification is available to your relatives, known as the ‘nuclear family’ – that is, your spouse, unmarried minor children and the parents of minor children who are living in Germany without a parent who has parental responsibility.

Family reunification is limited to a total of 1,000 people per month for the whole of the Federal Republic of Germany and is subject to the existence of humanitarian grounds. The decision on eligibility for family reunification is made as part of the visa application process.

You are entitled to attend an integration course. When issuing the residence permit, the Aliens' Registration Office will also determine ex officio whether you are entitled to take part in an integration course. If this is the case, it will issue you with a certificate of eligibility. At the same time, you will also receive a list of course providers in your area where you can register on presentation of your authorisation certificate.

You may be granted a settlement permit if you

• who have held a residence permit for five years,
• are able to support yourself and your family (household) from your own income without having to rely on state benefits,
• have paid contributions for at least 30 months into the statutory pension scheme or into another pension scheme offering comparable benefits,
• their stay does not jeopardise or impair the interests of the Federal Republic of Germany,
• are allowed to pursue gainful employment and have all the necessary licences,
• have a sufficient command of the German language (level B1),
• have a basic understanding of the legal and social system and living conditions in Germany, and

have sufficient living space for you and your family.