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Applying for an extension of a residence permit in cases of exceptional hardship

  • Service description

    You hold a residence permit on the grounds of exceptional hardship. The circumstances giving rise to the hardship continue to apply. In that case, this residence permit may be extended if, due to the specific circumstances of your individual case, leaving German territory would continue to cause you exceptional hardship.

    Furthermore, the grounds justifying an impediment to departure, as well as any other grounds preventing the termination of residence, must not have ceased to exist.

    The general conditions for the granting of a residence permit must continue to be met (in particular, proof of sufficient means of support, established identity and no grounds for deportation), unless the Foreigners’ Registration Office, at its discretion, decides to waive these requirements.

    The extension of your residence permit does not entitle you to take up gainful employment. This may only be authorised by the Immigration Authority upon application.

    A residence requirement may still be imposed on you.

    You are entitled to social security benefits (basic income support for jobseekers under SGB II or basic income support in old age or in the event of reduced earning capacity under SGB XII) 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 to your local immigration office to extend your residence permit – well in advance of its expiry date.

    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.

    If you have submitted an application for an extension in good time (before your residence permit expires), your current stay is deemed to be authorised until the Immigration Authority has reached a decision.

    If your application is approved, the Foreigners’ Registration Office will instruct the Federal Printing Office to issue the electronic residence permit (eAT) with a new expiry date

    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

    • The residence permit will be renewed provided that the conditions which must be met when it is first granted continue to be met.
    • Existence of an application for an extension
    • no grounds for refusal
    • no entry or residence ban
  • Which documents are required?

    • previous residence permit
    • current biometric photo
    • Proof of identity, where available, e.g. passport, ID card, birth certificate, marriage certificate; certificate of nationality
    • Proof of your health insurance
    • Rental agreement
  • What fees are incurred?

    A fee of 96 euros is payable for the extension of a residence permit for up to three months (48 euros for minors). A fee of 93 euros is payable for the extension of a residence permit for more than three months (46.50 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, up to a maximum of three 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 8(1) in conjunction with Section 25(4), second sentence, of the Residence Act (AufenthG)

    Section 5 of the Residence Act

    Section 12 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

    Obtain this from your local immigration office

    Personal appearance required: yes

  • Author

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