Apply for residence permit in case of subsidiary protection

Service Description

If you have been granted subsidiary protection by the Federal Office for Migration and Refugees, apply for a residence permit at the foreigners authority responsible for you.

You must be granted a residence permit (legal entitlement) if you have been incontestably recognized by the Federal Office for Migration and Refugees as a person entitled to subsidiary protection. However, you may not be granted a residence permit if you have been deported on the basis of a particularly serious reason for deportation (e.g. conviction for an intentional criminal act and a custodial or juvenile sentence of at least two years).

Until the residence permit is issued, your stay is considered permitted by law.

The residence permit entitles you to pursue gainful employment.

Persons entitled to subsidiary protection receive a residence permit valid for one year, which can be extended for two years at a time. After five years at the earliest (the time of the asylum procedure is included), an unlimited settlement permit can be issued, provided you meet the requirements for this.

You are subject to a residence requirement for three years for the federal state in which you were assigned to carry out the asylum procedure. The residence requirement 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 with at least 15 hours per week and have a minimum income that exceeds the average monthly requirement according to the Social Code (SGB), or take 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 more than three months.

Legal consequences:

You are permitted to engage in gainful employment.

You are entitled to social benefits (basic benefits for job seekers or basic benefits for old age or reduced earning capacity) and child benefits, parental benefits and education grants.

The possibility of family reunification exists for your relatives, the so-called nuclear family - these are the spouse, minor unmarried children and parents of minor children who live in Germany without a parent with parental authority.

The right to join the family is limited to a total of 1,000 persons per month for the entire territory of the Federal Republic of Germany (FRG) and requires that there is a humanitarian reason. The decision on the right to join the family is made within the framework of the visa procedure.

You are entitled to participate in the integration course. When the residence title is issued, the foreigners authority also determines ex officio whether there is an entitlement to participate in an integration course. If this is the case, they will issue you with a certificate of entitlement. At the same time, you will also receive a list of course providers in your area, where you can register by presenting your certificate of eligibility.

A settlement permit can be issued to you if you have

  • have held the residence permit for five years
  • are able to secure the livelihood of yourself and your family (community of need) from your own income without claiming public benefits,
  • have paid at least 30 months of contributions to the statutory pension insurance scheme or to another pension scheme with comparable benefits,
  • your stay does not endanger or impair the interests of the Federal Republic of Germany,
  • are allowed to pursue gainful employment and possess all permits required for this purpose,
  • have sufficient knowledge of the German language (level B1),
  • have basic knowledge of the legal and social order and living conditions in the Federal Republic of Germany, and

have sufficient living space for you and your family.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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