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Applying for a residence permit where there is a prohibition on deportation

  • Service description

    Has the Federal Office for Migration and Refugees determined, in your case, that there are obstacles to removal relating to the country of destination, because return to that country would constitute a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or because there is a substantial and specific risk to your life, life or liberty, you may be eligible for a residence permit, provided the relevant conditions are met.

    However, a residence permit will not be granted if it is possible and reasonable for you to leave for another country, or if you have repeatedly or grossly breached the relevant obligations to cooperate, or if there are grounds for refusal. Grounds for refusal may include, for example, if you have committed crimes against humanity, war crimes, crimes against peace or offences of a serious nature, or if you pose a threat to the general public or to the security of the Federal Republic of Germany.

    The residence permit is granted for at least one year. It may be renewed.

    The residence permit entitles you to take up gainful employment

    You are subject to a three-year residence requirement 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 security 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.

    You are entitled to social security benefits. You may be eligible for child benefit, parental allowance and student finance, provided certain conditions are met.

    Family reunification for your spouse and minor child is only possible on grounds of international law or for humanitarian reasons, or to safeguard the political interests of the Federal Republic of Germany. The family members themselves must meet the requirements for admission from abroad on grounds of international law or for humanitarian reasons.

    You are not entitled to take part in the integration course; admission to the integration course is subject to places being available.

    A settlement permit may be granted to you upon application if you have held a residence permit for five years, can support yourself and your family (household) from your own income without having to rely on public benefits, and have paid contributions for at least 30 months into the statutory pension scheme or 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.

  • Procedure

    As a rule, you must apply for your residence permit in person.

    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

    Until a decision has been made on your application, your stay is tolerated.

    If your application is approved, the Foreigners' Registration Office will commission the Federal Printing Office to produce the electronic residence permit. The residence permit takes the form of a cheque card with additional electronic functions.

    For information on the duration of the procedure until the residence permit is issued, please contact the relevant immigration office.

  • Who should I contact?

    Contact the foreigners authority.

  • Prerequisites

    Determination of bans on deportation by the Federal Office for Migration and Refugees

    Existence of an application for a residence permit

    There must be no grounds for refusal.

  • Which documents are required?

    Application

    Decision of the Federal Office for Migration and Refugees regarding the determination of grounds for prohibiting deportation

    current biometric photo

    Proof of identity, if available e.g. passport, ID card, birth certificate, marriage certificate, proof of citizenship

    Further documents may be required depending on the circumstances and can be requested from your contact person.

  • What fees are incurred?

    Fee for issuing a residence permit: 100 euros

    For minors: 50 euros

    Exemption from charges for recipients of social security benefits

  • What deadlines do I have to observe?

    The residence permit must be valid for at least 1 year,

    Important note: Please apply for renewal well in advance of the expiry date.

  • Processing time

    When applying for a residence permit, you will usually be informed of the duration of the procedure by the responsible immigration authority (approx. 6 to 8 weeks).

    Note: The residence permit is issued as an electronic residence permit.

  • Legal basis

    Section 25(3) of the Residence Act

    Section 60(5), (7) of the Residence Act

    Section 60(2), first sentence, of the Residence Act (AufenthG)

    Section 12a of the Residence Act

    § Section 9 Residence Act

    § Section 26 Residence Act

    Section 45 of the AufenhV

    Section 53(1) of the Residence Regulation (AufenthV)

    § Section 44 Residence Act

    § Section 78 Residence Act

    § Section 78a Residence Act

    Section 29(3) of the Residence Act

  • 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

    Obtain this from your local immigration office

    Personal appearance required: yes

  • What else should I know?

    If the Federal Office has issued a ban on deportation and you cannot be granted a residence permit because there are grounds for refusal, your residence will be tolerated on the grounds that deportation is legally impossible.

  • Author

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