Foreigners who have been recognized by the Federal Office for Migration and Refugees as eligible for asylum, refugee or subsidiary protection, or for whom a ban on deportation has been established, can apply for a residence permit.
For each asylum application, the Federal Office for Migration and Refugees (BAMF) checks whether one of the four forms of protection applies on the basis of the Asylum Act. The following positive decisions are possible:
- Recognition of refugee status in accordance with the Geneva Refugee Convention (Section 3 (1) Asylum Act),
- Recognition as a person entitled to asylum (Article 16a (1) of the Basic Law),
- Granting of subsidiary protection (Section 4 (1) Asylum Act),
- Determination of a ban on deportation (Section 60 (5) or (7) Residence Act).
Further information on the individual forms of protection can be found under "Further links".
If there is a positive BAMF decision with an entitlement to protection, a corresponding residence permit can be applied for (Section 25 (1-3) Residence Act).
Admission from abroad via humanitarian admission programs of the federal and state governments
Humanitarian admission programs serve to provide safe access routes to Germany for certain persons or groups of persons, particularly in war and acute crisis situations. Both the federal government and some federal states have set up humanitarian admission programs for admission for humanitarian, international law or political reasons (examples: Reception program for Syrian and stateless persons seeking protection from Turkey, resettlement program, state reception programs for refugees from Syria, Iraq or Afghanistan). After entering the country, the persons concerned can apply for the residence permit required for their further stay in Germany.
Temporary residence permit for urgent reasons
If a temporary further stay in Germany is necessary for urgent humanitarian or personal reasons or significant public interests, a residence permit for humanitarian reasons can be issued in individual cases. This residence permit is usually issued for up to six months. A basic requirement for this is that special circumstances can be justified to the immigration authority and, if possible, supported by appropriate evidence.
Holders of a residence permit in accordance with Section 104c of the Residence Act (so-called "right of residence on the basis of opportunity") can apply for a residence permit in accordance with Section 25a of the Residence Act (residence permit for well-integrated young people and young adults) or Section 25b of the Residence Act (residence permit for sustainably integrated persons). The prerequisite is that the 18-month right of residence has been successfully used to meet the requirements for residence permits under Section 25a or Section 25b of the Residence Act.
Residence permits for persons obliged to leave the country for humanitarian reasons
Tolerated persons can receive a residence permit for humanitarian reasons under certain conditions. The Residence Act contains various special regulations in this regard. Humanitarian reasons that may lead to the granting of a residence permit include, for example, if
- the departure of a foreigner is impossible for a longer period of time for legal or factual reasons through no fault of their own and the obstacles to departure are not expected to cease in the foreseeable future (Section 25 (5) Residence Act).
- a foreigner before the age of 27 is to be granted a right of residence on the basis of good integration (in particular successful school attendance or acquisition of a school or vocational qualification) into German living conditions. Parents and underage siblings may be able to derive a right of residence from this person, provided the title holder is a minor themselves (§ 25a Residence Act).
- a foreigner has integrated into the living conditions of the Federal Republic of Germany in a sustainable manner. In addition to a certain knowledge of the language, this also requires in particular that the foreigner is able to earn a living. As a rule, the foreigner must have resided in Germany for at least six years. If they live in a household with a minor child, they must generally have resided in Germany for at least four years. Spouses or partners as well as unmarried underage children can derive a right of residence from this person (§ 25b Residence Act).
The examples listed and conditions described are not exhaustive.
Extension of a residence permit for reasons of international law, humanitarian or political reasons
Residence permits issued on the basis of Chapter 2 Section 5 of the Residence Act can be extended in most cases. The same requirements must be met for the extension as for the initial issue. Among other things, the extension will take into account whether any obligation to attend an integration course has been fulfilled.
The extension of a residence permit that was issued for a temporary stay for urgent humanitarian or political reasons can only be considered in exceptional cases if the purpose of the stay has not yet been achieved or if special circumstances make it necessary to remain in Germany.
As a rule, the residence permit cannot be extended if
- the foreigners authority has excluded the extension from the outset in an ancillary provision,
- the reason for residence no longer applies, for example because recognition as a person entitled to asylum or refugee has been revoked by the Federal Office for Migration and Refugees or there is no longer an obstacle to leaving the country,
- it is an opportunity right of residence in accordance with Section 104c of the Residence Act. Those affected can apply for a permanent residence permit in accordance with Section 25a of the Residence Act (residence permit for well-integrated young people and young adults) or Section 25b of the Residence Act (residence permit for sustainably integrated persons). If the requirements for a residence permit in accordance with Section 25a or Section 25b of the Residence Act are not met, the person will be required to leave the country again and may be granted a new tolerated stay.