Residence permit - beneficiaries of subsidiary protection

Description

The residence permit is issued for one year and can be extended for two years.

The residence permit is issued on a replacement identity document if no valid national passport is available.

It is not possible to travel abroad with the replacement passport. A valid national passport is generally required for travelling abroad.

The residence permit gives you unrestricted access to the German labour market, i.e. you are permitted to work both as an employee and as a self-employed person.

The residence permit entitles you to participate in an integration course. You are obliged to live in the federal state in which the asylum procedure was carried out if the notice of recognition from the Federal Office for Migration and Refugees was issued from 1 January 2016 and you receive benefits in accordance with the German Social Security Code II.

There is no restriction on residence if your spouse, registered partner or underage child

• is taking up or has taken up employment subject to social insurance contributions for at least 15 hours per week, through which this person has at least an income in the amount of the average monthly requirement for a single person in accordance with §§ 20, 22 SGB II, or
• is taking up or has taken up vocational training or
• is in a study or training relationship.

As the employment must be subject to social security contributions, mini-jobs and marginal employment are not sufficient to justify an exemption from residence restrictions.

If there is a restriction on residence, this can be lifted on application. The requirements of § 12a Para. 5 AufenthG must be met for this. The application must be submitted to the immigration authority responsible for your current place of residence.

Persons entitled to protection who have been granted subsidiary protection have the right to privileged family reunification. This means that no proof of livelihood and sufficient living space is required as a prerequisite for the entry of family members. This applies to the reunification of the spouse and unmarried minor children, for which the corresponding application must be submitted to the German diplomatic mission responsible for the family members' place of residence within three months of the authorisation for protection being granted. If the application is submitted later, there is no entitlement to family reunification, but the German diplomatic mission abroad decides at its own discretion. For family reunification with beneficiaries of protection from Syria, the application should be submitted electronically via the Federal Foreign Office's web portal

For beneficiaries of subsidiary protection whose residence permit was issued after 17 March 2016, a transitional period of two years applies. Family reunification is not possible during this period. Family reunification is permitted again after 16 March 2018. In these cases, the three-month period for privileged family reunification begins on 16 March 2018.

As long as the asylum procedure is ongoing, family reunification is generally not possible.

Prerequisites

The notice of recognition from the Federal Office for Migration and Refugees must contain the wording "Subsidiary protection status is recognised.".

Required documents

• Letter of recognition from the Federal Office for Migration and Refugees
• Confirmation of residence in Munich when moving to Munich
• valid national passport
• A current biometric passport photo (photo booths are available at the Foreigners' Registration Office)
• Fully completed application form (application for a residence permit)
• Proof of salary for the last three months or notification of receipt of benefits in accordance with SGB II or AsylbLG

Further documents may be required in individual cases.

Legal basis

§ Section 25 (2) sentence 1, alternative 2 AufenthG, Section 104 (13) AufenthG, Section 12a AufenthG, Section 44 AufenthG, Section 44a AufenthG, Section 4 AsylG, Sections 29 ff AufenthG