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Residence permit; application for reasons of international law, humanitarian or political reasons

Residence permit - application for reasons of international law, humanitarian or political reasons
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  • Brief description

    Under certain conditions, you can apply for a residence permit for reasons of international law, humanitarian or political reasons.

  • Description

    Foreigners who have been recognized by the Federal Office for Migration and Refugees as entitled to asylum, refugee or subsidiary protection or for whom a ban on deportation has been established can apply for a residence permit.

    For every 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 under 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 you have a positive BAMF decision with an entitlement to protection, you can apply for a corresponding residence permit (Section 25 (1-3) Residence Act).

    Admission from abroad via federal and state humanitarian admission programs

    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 on humanitarian, international law or political grounds (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 continued 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 may 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.

    Change from a right of residence with opportunities to a humanitarian residence permit due to good integration

    Holders of a residence permit in accordance with Section 104c of the Residence Act (so-called "right of residence on 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 fulfill the requirements for residence permits under § 25a or § 25b of the Residence Act.

    Residence permits for persons required 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 can 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 removal of the obstacles to departure is not to be expected in the foreseeable future (Section 25 (5) Residence Act).
    • a foreigner should be granted a right of residence before the age of 27 due to their 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 if the title holder is a minor themselves (§ 25a Residence Act).
    • a foreigner has sustainably integrated into the living conditions of the Federal Republic of Germany. In addition to a certain knowledge of the language, this also regularly requires a secure livelihood. 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 only 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 further residence in Germany necessary.

    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 those who are sustainably integrated). 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.
    Special information for - District of Bad Tölz Wolfratshausen

    We ask you to give priority to using the above-mentioned online service via the button "Residence permit - Application for reasons of international law, humanitarian or political reasons".

    Under Forms you will find the "Application for the issue or extension of a residence permit".

  • Prerequisites

    There must be one of the following reasons for issuing the residence permit:

    • Recognition of refugee status
    • Recognition as a person entitled to asylum
    • Recognition as a beneficiary of subsidiary protection
    • Determination of a ban on deportation
    • urgent humanitarian or personal reasons
    • Exceptional hardship cases
    • Victims of criminal offenses under Sections 232 to 233a of the German Criminal Code (StGB)

    The extension will take into account, among other things, whether any obligation to attend an integration course has been fulfilled.

  • Deadlines

    If your residence permit is to be extended, please apply for this in good time before it expires.

  • Required documents

    The following documents - if available - should be submitted to the Foreigners' Registration Office for the application:

    • Identity document (passport, passport replacement document) or alternative proof of identity (e.g. birth certificate, ID card),
    • Current residence document and supplementary sheet (residence permit, visa, residence permit or toleration),
    • Proof of power of representation if the application is made on behalf of another person (parents do not need this proof),
    • Proof of current employment,
    • Proof of means of subsistence (usually proof of income, notification of the granting of state benefits, declaration of commitment),
    • Proof of qualifications
    • Proof of name in the case of different spellings
      It is possible that you have documents in which a different name or spelling was used. In order to enable the clear assignment of verification documents to your person, you should inform the immigration authority in a suitable form if you have different names or spellings of your name (e.g. by submitting the marriage certificate, certified transliteration of your name into the Latin alphabet, certificate of validity of the name declaration to the registry office).
    • Proof of financial or personal circumstances if there have been changes since the last contact with the authorities,
    • Proof of family relationship if the right of residence is derived from a family member or if the application includes other family members,
    • Proof of sole custody, if this exists, and a declaration of consent to residence by the persons with custody if the application includes minor children,
    • Proof of previous convictions
    • for persons who have entered Germany under a German admission program for persons seeking protection: Copy of the admission document (admission confirmation, admission notice or order).
    • for people who have to stay in Germany temporarily for urgent reasons:
      • Evidence to justify the temporary stay,
      • Proof of existing maintenance obligations.
    • for persons with a right of residence on opportunity (Section 104c of the Residence Act) and holders of tolerated status who wish to apply for a permanent residence permit:
      • Curriculum vitae,
      • Proof of school attendance or recognized school or vocational qualification,
      • Proof of independent means of subsistence (proof of income, scholarship),
      • Proof of health insurance cover,
      • Proof of existing maintenance obligations,
      • Proof of basic knowledge of the legal and social order,
      • Proof of knowledge of the German language,
      • Proof of the children's school attendance,
      • Proof of illness or disability, if applicable.
    • for the extension of a residence permit: proof of participation in the integration course (certificate), if participation was compulsory.


    Depending on the individual case, the foreigners authority may ask you for further documents.

  • Forms

    Special information for - District of Bad Tölz Wolfratshausen

  • Costs

    • Adults: 100,00 EUR
    • Minors: 50,00 EUR
    • for refugees, beneficiaries of subsidiary protection and recipients of social benefits: none

    Your foreigners authority will inform you about the respective fee amount.

  • Legal remedy

    Administrative court action

  • Further links

  • Procedure

    Many immigration authorities offer an online application procedure. Please check this option for your foreigners authority. If your foreigners authority does not offer an online procedure, please contact the foreigners authority by e-mail or speak to them in person.

    If the application is approved, the foreigners authority commissions the Federal Printing Office to produce the electronic residence permit in the form of a check card.

    The authority will inform you when your residence permit is ready for collection.

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