Applying for a residence permit in the event of a ban on deportation

If the Federal Office for Migration and Refugees has determined in your case that there are obstacles to deportation related to the country of destination, because the return to the country of destination constitutes a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or there is a considerable concrete danger to life, limb or freedom there, you may be granted a residence permit if the requirements are met.

However, the residence permit will not be issued if it is possible and reasonable for you to leave the country for another country or if you have repeatedly or grossly violated the relevant obligations to cooperate or if there are grounds for refusal. Reasons for refusal may be, for example, if you have committed a crime against humanity, war crimes, crimes against peace, criminal offenses of considerable importance or if you represent a danger to the general public or the security of the Federal Republic of Germany.

The residence permit entitles you to pursue gainful employment

You are subject to a residence requirement for three years in the federal state to which you have been assigned for the asylum procedure. The residence regulation does not apply or can be lifted if you, your spouse, registered partner or a minor child take up employment subject to social insurance contributions for at least 15 hours per week and have a minimum income that exceeds the average monthly requirement according to the German Social Code (SGB), or are taking up or have taken up vocational training or studies. The employment must also be sustainable. This is assumed if your employment relationship is expected to last for more than three months.

You are entitled to social benefits. You can receive child benefit, parental benefit and training assistance if certain conditions are met.

Family reunification for your spouse and minor child is only possible for reasons of international law or humanitarian reasons or to safeguard the political interests of the Federal Republic of Germany. The family members must themselves meet the requirements for admission from abroad for reasons of international law or humanitarian reasons.

You are not entitled to attend an integration course; admission to an integration course can only be granted if places are available

You can be granted a settlement permit on application if you have held a residence permit for five years, can support yourself and your family (community of need) from your own income without claiming public benefits, have paid contributions to the statutory pension scheme or another pension scheme with comparable benefits for at least 30 months,

• your stay does not jeopardize or impair the interests of the Federal Republic of Germany,
• are allowed to pursue gainful employment and have all the necessary permits,
• have sufficient knowledge of the German language (level B1),
• have a basic knowledge of the legal and social order and living conditions in Germany and
• have sufficient living space for themselves and their family.

• As a rule, you must apply for your residence permit in person.
• Arrange an appointment with the immigration office responsible for your place of residence. You can also find out about the application process and which documents you need to submit and in what form on the website of the immigration office.
• Your fingerprints will be taken during your appointment
• Your stay will be tolerated until a decision is made on your application.
• If your application is approved, the Foreigners' Registration Office will commission the Federal Printing Office to produce the electronic residence permit (eAT). The residence permit is in the form of a bank card.
• For information on the duration of the procedure until the residence permit is issued, please contact the relevant immigration authority.

The foreigners authority responsible for the applicant's place of residence.

• Determination of prohibition of deportation by the Federal Office for Migration and Refugees
• Existence of an application for a residence permit
• There must be no grounds for refusal.

• Application
• Decision of the Federal Office for Migration and Refugees on the determination of prohibition of deportation
• Current biometric photo
• Proof of identity, if available, e.g. passport, ID card, birth certificate, marriage certificate, citizenship certificate
• Further documents depend on the circumstances and can be requested from your contact person.

• Fee for issuing the residence permit: 100 euros
• For minors: 50 euros
• Exemption from fees if you receive social benefits

• Validity of the residence permit at least 1 year, an extension is possible
• Important note: Apply for an extension in good time before the expiry date.
• Deadline: 1 month

When applying for a residence permit, you will usually be informed of the duration of the procedure (approx. 6 to 8 weeks) by the responsible immigration authority.

Note: The residence permit is issued as an electronic residence permit.

The decision of the immigration authority can be appealed to the court named in the decision.

If the Federal Office has established a banon deportation and you cannot be granted a residence permit because there are grounds for refusal, your stay will be tolerated due to the legal impossibility of deportation.

The text was automatically translated based on the German content.

Thuringian Ministry for Migration, Justice and Consumer Protection

30.11.2023

The foreigners authority responsible for the applicant's place of residence.