Applying for a residence permit in the event of a ban on deportation
How do I apply for a residence permit if there is 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 target state because the return to the destination state constitutes a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or because there is a significant concrete danger to life, limb or freedom, you may be eligible to issue a residence permit if the conditions are met.
However, the residence permit will not be issued if you are able and reasonable to leave for another country or if you have repeatedly or grossly violated the corresponding obligations to cooperate or if there are reasons for refusal. Grounds for refusal may be,.B for example, if you have committed a crime against humanity, war crimes, crimes against peace, crimes of considerable importance or if you pose a danger to the general public or if you pose a danger to the general public or the security of the Federal Republic of Germany.
The residence permit is issued for at least one year. The extension is possible.
The residence permit entitles you to work
They are subject to a residence requirement for three years for the federal state to which they have been assigned to carry out the asylum procedure. The residence regulation does not apply or can be repealed if you, your spouse, registered partner or a minor child take up or have taken up employment subject to social security contributions with at least 15 hours per week and a minimum income above the monthly average requirement according to SGB (currently 723 euros), or vocational training or studies. 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 allowance and educational support if certain conditions are met.
Family reunification for your spouse and the minor child is only possible for international or humanitarian reasons or to safeguard the political interests of the Federal Republic of Germany. The family members themselves must meet the requirements for admission from abroad on international law or humanitarian grounds.
You are not entitled to participate in the integration course, admission to the integration course can only take place within the framework of available course places
A settlement permit can be granted to you on application if you have had the residence permit for five years, can secure the livelihood for yourself and your family (community of needs) from your own income without using public benefits, have paid contributions to the statutory pension insurance or to another pension institution with comparable benefits for at least 30 months,
your stay does not endanger or adversely affect the interests of the Federal Republic of Germany,
be allowed to pursue an economic activity and have all the necessary permits,
have sufficient knowledge of the German language (level B1),
have basic knowledge of the legal and social order and living conditions in Germany and
have sufficient living space for yourself and your family.
Decision of the Federal Office for Migration and Refugees on the determination of deportation bans
current biometric photo
Proof of identity, if available, e.B. passport, ID card, birth certificate, marriage certificate, citizenship card
Further documents depend on the facts and can be requested from your contact person.
Get from your local immigration authority
Online procedure possible: no
Personal appearance required: yes
Determination of deportation bans by the Federal Office for Migration and Refugees
Existence of an application for a residence permit
There must be no grounds for refusal.
If the Federal Office has established a ban on 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.
§ 25 Abs. 3 AufenthG
§ 60 Abs. 5, 7 AufenthG
§ 60 sec. 2 sentence 1 AufenthG
§ 9 AufenthG
§ 26 AufenthG
§ 45 AufenhV
§ 53 Abs. 1 AufenthV
§ 44 AufenthG
§ 78 AufenthG
§ 78a AufenthG
§ 29 Abs. 3 AufenthG
As a rule, you must apply for your residence permit in person.
Make an appointment with the local immigration authority. You can also find out on the respective website of the Ausländerbörde about the application process and which documents you have to submit in which form.
During your appointment, your fingerprints will be taken
Your stay is tolerated until your application is decided.
If your application is granted, the Foreigners' Registration Office instructs Bundesdruckerei to produce the electronic residence permit. The residence permit takes the form of a credit card with additional electronic functions.
With regard to the duration of the procedure until the residence permit is handed over, please contact the competent immigration authority.
Responsible for the content
Saxon State Ministry of the Interior
Last update or date of publication