Service Finder
Apply for residence permit for exceptional hardship cases
Service Description
You are in possession of a residence permit. An extension of your residence permit cannot be extended according to the general regulations. A residence permit according to other regulations is also out of the question. Then this residence permit can be extended for you if, due to special circumstances of the individual case, leaving the federal territory would mean an extraordinary hardship for you.
The general conditions for issuing a residence permit must also be met (in particular, you must be able to secure your livelihood, your identity must have been clarified, and there must be no interest in deportation).
The residence permit does not entitle you to take up gainful employment, which can be permitted on application by the Aliens' Registration Office.
A residence requirement can be imposed on you.
You are entitled to social benefits (basic benefits for job-seekers according to the Social Security Code II or basic benefits for old age or reduced earning capacity according to the Social Security Code XII) and child benefits.
Family reunification is excluded.
They are not entitled to participate in an integration course. They can only be admitted to participate within the scope of available course places.
Process flow
As a rule, you must apply for the extension of your residence permit due to exceptional hardship in person.
Arrange an appointment with the foreigners authority responsible for your place of residence. You can also find out about the application procedure and which documents you need to submit in which form on the respective website of the Aliens' Registration Office.
During your appointment, your fingerprints will be taken.
If your application is approved, the Aliens' Registration Office will commission the Bundesdruckerei to produce the electronic residence permit (eAT). The residence permit is in the form of a check card.
With regard to the duration of the procedure until the residence permit is issued, please inform yourself at the responsible Foreigners' Registration Office.
Who should I contact?
The immigration authority responsible for the applicant's place of residence.
Competent authority
The immigration authority responsible for the applicant's place of residence.
Requirements
- Possession of a residence permit
- No possibility of extension or issuance of another residence permit
- Special circumstances of the individual case justify exceptional hardship
- Threat of enforceable obligation to leave the country
- Presentation of the general conditions for issuance (e.g. securing livelihood, sufficient living space, passport obligation)
- No interest in deportation
- No entry and residence ban
Which documents are required?
- Presentation of the currently valid residence permit
- current biometric photo
- Proof of identity, for example passport, ID card, birth certificate, marriage certificate; citizenship certificate
- employment contract or binding job offer
- for regulated professions: Your professional license (for example, license to practice or license to practice)
- Proof of health insurance
- Rental agreement
What are the fees?
Exemption from fees when receiving social benefits
Fee: 100,00 EURPayment in advance: noFee for the issuance of the residence permit
Fee: 50,00 EURPayment in advance: noFee for the issuance of the residence permit for minors
What deadlines do I have to pay attention to?
Validity of the residence permit:
- In principle, only for the period necessary to achieve the purpose of residence.
Three years at the most
Period of action: 1 month
Processing duration
You will usually be informed of the duration of the procedure (about 6 to 8 weeks) when you apply for a residence permit by the competent foreigners authority.
Note: The residence permit is issued as an electronic residence title.
Legal basis
- § Section 25 (4) sentence 2 Residence Act (AufenthG)
- § 5 Residence Act (AufenthG)
- § Section 12 Residence Act (AufenthG)
- § Section 29 (3) Residence Act (AufenthG)
- § Section 44 Residence Act (AufenthG)
- § Section 44a Residence Act (AufenthG)
- § Section 78 Residence Act (AufenthG)
- § Section 78a Residence Act (AufenthG)
- § Section 45 Residence Ordinance (AufenthV)
- § Section 50 Residence Ordinance (AufenthV)
- § Section 53 Residence Ordinance (AufenthV)
Applications / forms
An appeal against the decision of the Foreigners' Registration Office may be filed with the court specified in the decision.
Appeal
You will receive the following from your local immigration office
Online procedure occasionally possible
Personal appearance required: yes
What else should I know?
Exceptional hardship can only be assumed if you are in an emergency situation that is clearly different from the situation of other foreigners (detailed justification required.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection (TMMJV)
Professionally released on
17.03.2023
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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