If you have fled to Germany for political or humanitarian reasons and would like to stay here, you have the option of applying for asylum. If your application is approved, you will receive a residence permit. There are three different forms of protection for refugees in Germany: You can apply for asylum as a person entitled to asylumr, as a recognizedbe classified as a refugee or as a person entitled to subsidiary protection. In addition, the Federal Office for Migration and Refugees (BAMF) can issue a national ban on deportation under certain conditions. In this case, you will also receive a residence permit. On this page you can find out which rights are associated with the respective residence permits.
1. entitlement to asylum (§ 25 para. 1 Residence Act)
Asylum is granted to people who, in their home country politically persecuted by the state or state agencies become. Political persecution occurs when someone is persecuted because of their Ethnicity, religion, nationality, political conviction or membership of a particular social group is threatened or punished.
Important: Recognition as a person entitled to asylum is only possibleif you not via a safe third country have entered Germany. Because Germany is surrounded by safe third countries, this is rare in practice. Only those who enter directly - for example by plane - can be recognized.
Rights as a person entitled to asylum:
-Residence permit for 3 years
-Extension for a further 3 years possible
- After 3 years: Chance of Permanent settlement permit
-Claim for Travel document for refugees (Blue Passport) - Travel to your home country is not permitted!
-Family reunification: Spouse & children may join you; minors may bring their parents
-Work is permitted; if necessary, you will receive citizen's allowance or social assistance
- Entitlement to Child and parental allowance
- Participation in Integration courses
- Access to Training and studies
2. refugee protection (§ 25 para. 2 sentence 1 alt. 1 Residence Act)
People who have been murdered in their country of origin because of their ethnicity, religion, nationality, political opinion or membership of a social groupcan be granted refugee status - even if they entered via safe third countries.
Persecution can come from the state or from private groups if the state offers no protection.
Rights as a recognized refugee:
-Equal rights as persons entitled to asylum
-Residence permit for 3 years
- Thereafter: Extension or Permanent settlement permit
-Claim for Blue passport (except home country travel!)
- Family reunification, Work, Social benefits, Integration courses, Training & studies
3. subsidiary protection (§ 25 para. 2 sentence 1 alt. 2 Residence Act)
Subsidiary protection is granted to people who are not tracked directlybut to whom in their home country threat of serious damage - e.g. through War, torture, capital punishment or inhumane treatment.
Rights in the case of subsidiary protection:
-Residence permit for 1 yearmostly extendable
- After 5 years: Possibility to Settlement permit
- No entitlement to a Blue Passbut if necessary. Gray passport possible
- Work, Child/parental benefit, Integration courses, Training & studies
- Family reunification is possible, but significantly more difficult
4. national ban on deportation (Section 60 (5) and (7) Residence Act)
If no other protection is effective, a Ban on deportation be pronounced - for example in the case of serious illnessesthat cannot be treated in the home country, or in the case of Particular danger to life.
Rights in the event of a national ban on deportation:
-Residence permit for 1 year, extendable
- After 5 years: Possibility to Settlement permit
-No entitlement to a Blue Pass, but possibly Gray passport
-Work with permission, Training & studiesrestricted access to Integration courses
-Family reunification only in very few exceptional cases
5. extend residence permit
Depending on your protection status, your residence permit is Valid for 1 or 3 years. You must submit them to the Extend immigration office.
You need:
-Your current residence permit and passport (blue/gray passport)
-Biometric passport photo
-Employment contract & proof of salary or notification from the job center/social welfare office
-Registration certificate
6 When will I lose my residence permit?
Your recognition can revoked or not extended if:
-the situation in the home country has greatly improved
-you are traveling to your home country or visiting its embassy
-You longer than 6 months are abroad or emigrate permanently
-You with the application incorrect information have made
- You a Danger to public safety represent