Applying for a residence permit on grounds of exceptional hardship
Service description
You hold a residence permit. Your residence permit cannot be extended under the general regulations. Nor is a residence permit under other provisions an option. In that case, this residence permit may be extended if, due to the particular circumstances of your individual case, leaving the country would cause you exceptional hardship.
The general conditions for the granting of a residence permit must also be met (in particular, proof of sufficient means of support, established identity, and no grounds for deportation).
The residence permit does not entitle you to take up gainful employment. Permission to do so may be granted by the Immigration Authority upon application.
A residence requirement may be imposed on them.
You are entitled to social security benefits (basic income support for jobseekers under Book II of the Social Code, or basic income support in old age or in the event of reduced earning capacity under Book XII of the Social Code) and child benefit.
Family reunification is not permitted.
You are not entitled to take part in an integration course. You may only be admitted to the course subject to places being available.
Procedure
As a rule, you must apply in person for an extension of your residence permit on the grounds of exceptional hardship.
Arrange an appointment with your local immigration office. You can also find out about the application process and which documents you need to submit and in what form on the relevant immigration authority website.
Your fingerprints will be taken during your appointment.
If your application is approved, the Foreigners’ Registration Office will instruct the Federal Printing Office to produce the electronic residence permit. The residence permit takes the form of a debit card with additional electronic functions.
For information on how long the procedure takes until the residence permit is issued, please contact the relevant immigration authority.
Who should I contact?
Contact the foreigners authority.
Prerequisites
- Holding a residence permit
- No possibility of extending or being granted another residence permit
- The specific circumstances of the individual case constitute exceptional hardship
- Threats of an enforceable obligation to leave the country
- Submission of the general eligibility criteria (e.g. proof of means of support, adequate accommodation, passport requirement)
- No grounds for deportation
- No entry or residence ban
Which documents are required?
- Presentation of the currently valid residence permit
- current biometric photo
- Proof of identity, e.g. passport, ID card, birth certificate, marriage certificate; certificate of nationality
- Employment contract or binding job offer
- for regulated professions: your professional licence (for example, a licence to practise or authorisation to practise)
- Proof of your health insurance
- Rental agreement
What fees are incurred?
A fee of 100 euros is payable when a residence permit is issued (50 euros for minors)
Exemption from charges for recipients of social security benefits.
What deadlines do I have to observe?
Validity of the residence permit:
- In principle, only for the period necessary to fulfil the purpose of the stay
A maximum of 3 years
Processing time
When you apply for a residence permit, the relevant immigration authority will usually inform you of the duration of the procedure (approximately 6 to 8 weeks).
Note: The residence permit is issued as an electronic residence permit.
Legal basis
Section 5 of the Residence Act
Section 12 of the Residence Act
Section 25(4), second sentence, of the Residence Act
Section 29(3) of the Residence Act
§ Section 44 Residence Act
Section 44a of the Residence Act
§ Section 78 Residence Act
§ Section 78a Residence Act
Section 45 of the Residence Regulation (AufenthV)
Section 50 of the Residence Regulation (AufenthV)
Section 53 of the Residence Regulation (AufenthV)
Legal remedy
- Appeal against the decision of the immigration authority within one month of notification.
- Action before the court named in the notice of objection if the objection is not upheld.
Applications / Forms
You can obtain this from your local foreigners authority.
Personal appearance required: yes
What else should I know?
Exceptional hardship can only be assumed if you find yourself in an emergency situation that is significantly different from that of other foreign nationals.