Residence permit for asylum application; application

Foreigners receive a so-called "Aufenthaltsgestattung" (residence permit) during the asylum procedure in Germany. This is not a residence permit. As a temporary right of residence, it is only intended to allow residence in Germany for the purpose of carrying out the asylum procedure (see also "Related topics"- "Residence permit; issuing and applying for an extension").

A foreign national who has filed an application for asylum may be granted a residence permit before the asylum proceedings have been finally concluded—except in cases where there is a statutory entitlement—only with the approval of the highest state authority and only if important interests of the Federal Republic of Germany so require. This also applies to residence permits for employment as a skilled worker.

A residence permit issued or extended by the foreigners authority after the foreigner has entered the country can be extended regardless of the fact that the foreigner has applied for asylum.

A foreign national whose asylum application has been definitively rejected or who has withdrawn his or her asylum application may, prior to departure, be granted only a residence permit for stays based on grounds of international law, humanitarian considerations, or political reasons. If the asylum application was rejected pursuant to § 30 of the Asylum Act on one of the grounds set forth in Article 42(1)( 1(c), (d), or (f) or paragraph 3(b) of Regulation (EU) 2024/1348, no residence permit may be granted prior to departure. These restrictions generally do not apply in cases where there is a statutory entitlement to a residence permit. For residence permits for employment as a skilled worker, a special provision applies to foreign nationals who entered the country before March 29, 2023, in the event that the asylum application is withdrawn.

The requirements for the issue of a residence permit differ depending on the purpose of residence (see "Related topics" - "Residence permit; issue and extension").

In the Forms section you will find the "Application for the issue or extension of a residence permit" as a PDF.

• Application for the issue or extension of a residence permit

  Please fill out the application form in block letters or on a typewriter or computer in German.

  Please check or complete as appropriate. Please do not fill in blank fields.

   

• § Section 10 Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG)

• Residence permit; general information
• Residence permit; issuing and applying for extension of the certificate
• Residence permit; application for reasons of international law, humanitarian or political reasons