Aufenthaltserlaubnis aus völkerrechtlichen, humanitären oder politischen Gründen beantragen
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- § 22 ff. Aufenthaltsgesetz (AufenthG) – Aufenthalt aus völkerrechtlichen, humanitären oder politischen Gründen
- Asylbewerberleistungsgesetz (AsylbLG)
- Aufenthaltsverordnung (AufenthV)
If the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge) has recognised you as a person entitled to asylum, a refugee or a person entitled to subsidiary protection, or if a ban on deportation has been established for you, you can apply for a residence permit. The contact point is the foreigners authority responsible for your place of residence. The identity card in cheque card format allows you to stay in Germany for a limited period of time and entitles you to pursue gainful employment. In individual cases, the pursuit of gainful employment requires permission from the competent foreigners authority.
Residence required
For a period of three years you are subject to a residence requirement in the federal state to which you were assigned in the course of the asylum procedure.
This does not apply if you, your spouse or registered partner or a minor child takes up employment, vocational training or studies.
Note: This employment must be subject to social insurance, comprise at least 15 hours per week and generate an income that exceeds the average monthly requirement according to the Social Code (Sozialgesetzbuch).
Entitlement to basic support and integration course
You are entitled to financial support. This includes social benefits (basic security for job-seekers or basic security in old age or in case of reduced earning capacity), child benefit, parental allowance and education assistance.
During the procedure for the granting of a residence permit, the immigration office (Ausländerbehörde) will also check whether you are entitled to attend an integration course. If this is the case, you will receive an entitlement certificate and a list of course providers in your area.
Family members joining you
Your spouse or registered partner and your unmarried minor children may join you under certain conditions. The decision on this is made by the competent German mission abroad as part of the visa procedure. In the case of a residence permit for urgent humanitarian reasons or on the basis of an exceptional case of hardship, family reunification is not possible.
Unlimited right of residence after five years
If you have been granted a residence title after being recognised as entitled to asylum, as a refugee, as a person entitled to subsidiary protection or on the basis of a deportation ban, you can be granted unlimited residence after five years with the so-called settlement permit. If you are particularly well integrated, you can receive a settlement permit after only three years.
Your foreigners authority will inform you about the exact requirements.
- current passport photo (biometric photo)
- Proof of identity, if available, e.g. passport, ID card, birth certificate, marriage certificate, citizenship certificate
Depending on the individual case, the immigration office may require further documents from you.
- Existence of the grounds for granting the residence title:
- Recognition as a refugee
- Recognition as a person entitled to asylum
- Recognition as a person entitled to subsidiary protection
- Determination of a ban on deportation
- urgent humanitarian or personal reasons
- exceptional cases of hardship
- Victims of criminal offences according to §§ 232 to 233a of the Criminal Code (StGB)
- Existence of an application for a residence permit
- no grounds for refusal
Note: The requirements depend in detail on the facts of the case and the reason for your residence. Find out in detail from your foreigners authority which requirements you have to fulfil.
Attention! You are not entitled to a residence permit if there is an interest in deportation.
Fee framework (depending on procedure)
- Adults EUR 100.00
- Minors: EUR 50.00
- for refugees, persons eligible for subsidiary protection and persons receiving social benefits: none
Your immigration office will inform you about the respective fees.
- You can apply for your residence permit in person.
- Arrange an appointment with the locally competent foreigners authority.
- Your fingerprints will be taken during the appointment.
Tip: You can find out in advance how the procedure works on the website of your foreigners authority.
Issue
- If your application is approved, the immigration office will order the Bundesdruckerei to produce the electronic residence permit in the form of a cheque card.
- Infants and children also receive their own card.
- The authority will inform you when your residence permit is ready for collection.
For details on the procedure, please contact the competent foreigners authority.
- Validity of the residence permit: depends on the facts of the case and the reason for your stay
You can obtain detailed information from your foreigners authority.
Until the decision of the immigration office, your stay is considered permitted.
If an extension of your residence permit is possible, please apply for it in due time before the expiry of the validity.