Residence permit - Humanitarian reasons with protection against deportation

Description

Individuals who have been granted protection from deportation by the Federal Office for Migration and Refugees (BAMF) during the asylum procedure may apply for a residence permit. The BAMF’s decision granting this protection will then contain the wording ‘The ban on deportation under Section 60(5) of the Residence Act applies’ or ‘The ban on deportation under Section 60(7) of the Residence Act applies’. Partial completion of the asylum procedure alone is not sufficient to obtain a ban on deportation. You must have completed the entire asylum procedure and submit the BAMF’s notification of completion. An application for the initial grant of a residence permit on the basis of a ban on deportation does not have any provisional effect. A temporary residence permit (Duldung) will be issued until the residence permit is handed over. If you are receiving social security benefits, you must reside for three years in the federal state to which you were assigned for the asylum procedure. If you do not hold a valid national passport, the residence permit will be issued as a substitute for an identity document.

After entry

You must first register your place of residence at the Citizens’ Office.

Application for a residence permit

You can submit your application and the required documents online:

• Please upload your documents as PDF files where possible.
• Once you have submitted your application, a confirmation will be displayed. You can save this as a PDF file for your records.
• This confirmation states that your current residence permit remains valid in Germany beyond its previous expiry date and that you may continue to work to the same extent as before (legal fiction).
• You can present this confirmation as proof to the authorities or at your place of work.
• Once your application has been assessed, you will be given an appointment.

Period of validity The residence permit is issued for a maximum of three years and can be extended for a further three years. If protection against deportation ceases to apply, it is not possible to extend the residence permit. Work permit With this residence permit, you may work in Germany without restriction. This information is stated on the electronic residence permit or the supplementary sheet. Integration People who have been granted protection from deportation are not entitled to attend an integration course. However, the BAMF may allow them to attend, provided that places on the course are available.

Requirements

• You are registered in Munich.
• You have been granted protection against deportation by the BAMF and the asylum procedure has been completed.

Required documents

• ​ A fully completed application form ​
• A valid passport, passport substitute or other document proving your identity
• Evidence of the efforts made to establish your identity and obtain a valid identity and travel document (where available)
• Evidence of receipt of public benefits (notification of benefit entitlement under SGB II or the AsylbLG)
• For first-time applications: a recognition notice from the Federal Office for Migration and Refugees and a final notification from the Federal Office for Migration and Refugees
• A recent biometric passport photograph, submitted digitally by a certified photography studio or chemist’s. Alternatively, you may use one of the photo terminals at the Service Centre for Immigration and Naturalisation for a fee.

Please note

• The documents submitted (such as proof of identity and language certificates) will be checked for authenticity. We consistently report forgeries to the police.
• Should we require any further documents, we will write to you.

Legal basis

§ Section 25 (3) AufenthG, Section 60 (5) and (7) AufenthG, Section 72 (2) AufenthG, Section 79 (1) AufenthG, Section 12a AufenthG, Section 29 (3) AufenthG