Service Finder
Applying for an extension of a residence permit for cases of exceptional hardship
Service Description
You are in possession of a residence permit due to exceptional hardship. The circumstances justifying hardship continue to exist. This residence permit can then be extended if, due to special circumstances of the individual case, leaving the federal territory would continue to mean exceptional hardship for you.
In addition, the reasons that justify an obstacle to leaving the country and the other reasons preventing the termination of your residence must not have ceased to exist.
The general requirements for the granting of a residence permit must still be met (in particular securing your livelihood, clarified identity, no interest in deportation), unless the immigration authority decides not to do so at its discretion.
The extension of the residence permit still does not entitle you to pursue gainful employment. This can only be permitted upon application by the immigration authority.
A residence requirement can still be imposed on you.
You are entitled to social benefits (basic income support for jobseekers under the Third Social Security Code or basic income support in old age or in the event of reduced earning capacity under the Twelfth Social Security Code) and child benefit.
Family reunification is excluded.
You are not entitled to participate in an integration course. You can only be admitted to a course if there are places available.
Process flow
Arrange an appointment with the immigration office responsible for your place of residence. You can also find out about the application process and which documents you need to submit and in what form on the website of the relevant immigration office.
If you have submitted an application for an extension within the deadline (before your residence permit expires), your current residence is deemed to be permitted until the foreigners authority makes a decision.
If your application is approved, the Foreigners' Registration Office will commission the Federal Printing Office to produce the electronic residence permit (eAT) in the form of a check card with a new validity date.
For information on the duration of the procedure until the residence permit is issued, please contact the relevant immigration authority.
Who should I contact?
The foreigners authority responsible for the applicant's place of residence.
Competent authority
The foreigners authority responsible for the applicant's place of residence.
Requirements
- The residence permit will be extended if the requirements that had to be met when it was first issued are still met.
- An application for extension has been submitted
- The general conditions for granting the permit are met (e.g. security of livelihood, sufficient living space, fulfillment of passport requirement)
- No grounds for refusal
- No entry or residence ban
- No possibility of granting or extending another residence permit
- No interest in deportation
Which documents are required?
- previous residence permit
- Current biometric photo
- Proof of identity, if available, e.g. passport, ID card, birth certificate, marriage certificate; proof of citizenship
- Proof of your health insurance
- Tenancy agreement
- Employment contract if applicable, professional license if applicable
What are the fees?
Exemption from fees if you receive social benefits.
Fee: 96,00 EURPayment in advance: noFee for extending the residence permit for up to three months
Fee: 48,00 EURPayment in advance: noFee for extending the residence permit for up to three months for minors
Fee: 93,00 EURPayment in advance: noFee for extending the residence permit for more than three months
Fee: 46,50 EURPayment in advance: noFee for extending the residence permit for more than three months for minors
What deadlines do I have to pay attention to?
As a rule, you must apply for the extension of your residence permit in person - in good time before your residence permit expires - at the foreigners authority responsible for your place of residence.
Validity of the residence permit:
- Generally only for the period required to achieve the purpose of residence, for a maximum of three years
- Period of appeal: 1 month
Processing duration
When applying for a residence permit, you will usually be informed of the duration of the procedure by the responsible immigration authority (approx. 6 to 8 weeks).
Note: The residence permit is issued as an electronic residence permit.
Legal basis
§ Section 25b (1) in conjunction with. § Section 8 AufenthG
- § Section 25 (4) sentence 2 Residence Act (AufenthG)
- § Section 8 Residence Act (AufenthG)
- § Section 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 Act (AufenthG)
Applications / forms
The decision of the immigration authority can be appealed to the court named in the decision.
Appeal
You will receive this from your local foreigners authority
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 differs significantly from the situation of other foreigners.
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)