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Applying for a residence permit for exceptional hardship cases

Service Description

You are in possession of a residence permit. Your residence permit cannot be extended in accordance with the general regulations. A residence permit in accordance with other regulations is also out of the question. This residence permit can be extended if, due to special circumstances of the individual case, leaving the federal territory would mean exceptional hardship for you.

The general requirements for the granting of a residence permit must also be met (in particular securing your livelihood, clarified identity, no interest in deportation).

The residence permit does not entitle you to pursue gainful employment, which may be permitted by the immigration authority upon application.

A residence requirement may be imposed on you.

You are entitled to social benefits (basic income support for jobseekers under Social Security Code II or basic income support in old age or in the event of reduced earning capacity under Social Security Code XII) 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

As a rule, you must apply in person for an extension of your residence permit due to exceptional hardship.

Arrange an appointment with the foreigners authority 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 immigration office.

Your fingerprints will be taken during your appointment.

If your application is approved, the foreigners authority will commission the Federal Printing Office to produce the electronic residence permit (eAT). The residence permit is in the form of a check card.

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

  • Possession of a residence permit
  • No possibility of extending or issuing another residence permit
  • Special circumstances of the individual case justify exceptional hardship
  • Threat of enforceable obligation to leave the country
  • Presentation of the general requirements for granting the permit (e.g. securing a livelihood, sufficient living space, passport requirement)
  • 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, e.g. passport, ID card, birth certificate, marriage certificate; proof of citizenship
  • Employment contract or binding job offer
  • for regulated professions: Your professional license (e.g. license to practice medicine or professional license)
  • Proof of your health insurance
  • rental agreement

What are the fees?

Exemption from fees when receiving social benefits

Fee: 100,00 EUR
Payment in advance: no
Fee for issuing the residence permit

Fee: 50,00 EUR
Payment in advance: no
Fee for issuing a residence permit for minors

What deadlines do I have to pay attention to?

Validity of the residence permit:

  • Generally only for the period required to achieve the purpose of residence.

No longer than three years

Time limit for 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

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 possible in some cases

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 (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)

No competent authority found