Service Finder
Applying for a residence permit in the case of a deportation ban
Service Description
If the Federal Office for Migration and Refugees has determined in your case that there are obstacles to deportation related to the destination state, because the return to the destination state represents a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or there is a considerable concrete danger to life, limb or freedom, the issuance of a residence permit can be considered for you if the requirements are met.
However, the residence permit will not be issued if it is possible and reasonable for you to leave the country, or if you have repeatedly or grossly violated your obligation to cooperate, or if there are grounds for refusal. Reasons for refusal can be, for example, if you have committed a crime against humanity, war crimes, crimes against peace, crimes of considerable importance or if you represent a danger to the general public or if you represent a danger to the general public or the security of the Federal Republic of Germany.
The residence permit is issued for at least one year. The extension is possible.
The residence permit entitles you to pursue gainful employment
You are subject to a residence requirement for three years for the federal state to which you have been 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 or have taken up employment subject to social insurance with at least 15 hours per week and a minimum income that is above the average monthly requirement according to SGB (currently 723 euros), or vocational training or studies. The commencement of employment must also be sustainable. This is assumed if your employment relationship is expected to last more than three months.
You are entitled to social benefits. You can receive child allowance, parental allowance and educational grants if certain conditions are met.
Family reunification for your spouse and minor child is only possible for reasons of international law or humanitarian reasons or to protect the political interests of the Federal Republic of Germany. The family members must themselves meet the requirements for admission from abroad for reasons of international law or humanitarian reasons.
You are not entitled to participate in the integration course, admission to the integration course can only take place within the framework of available course places.
A settlement permit can be issued to you on application if you have held the residence permit for five years, can secure the livelihood of yourself and your family (community of need) from your own income without claiming public benefits, have paid contributions to the statutory pension insurance scheme or another pension scheme with comparable benefits for at least 30 months,
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.
Process flow
As a rule, you must apply for your residence title in person.
Arrange an appointment with your local aliens' registration office. You can also find information about the application process 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
Until a decision is made on your application, your stay is tolerated.
If your application is approved, the Aliens Department will commission the Bundesdruckerei to produce the electronic residence permit. The residence permit is in the form of a check card with additional electronic functions.
For information on the duration of the procedure until the residence title is issued, please contact the relevant Foreigners' Registration Office.
Who should I contact?
Locally responsible foreigners authority
Competent authority
Locally responsible foreigners authority of your independent town or district
Requirements
Determination of deportation prohibitions by the Federal Office for Migration and Refugees
Existence of an application for a residence permit
There must be no grounds for refusal.
Which documents are required?
Application
Decision of the Federal Office for Migration and Refugees on the determination of prohibition of deportation
Current biometric photo
Proof of identity, if available e.g. passport, ID card, birth certificate, marriage certificate, citizenship certificate
Further documents depend on the facts of the case and can be requested from your contact person.
What are the fees?
Fee for the issuance of the residence permit: 100 Euro
For minors: 50 Euro
Exemption from fees when receiving social benefits
What deadlines do I have to pay attention to?
Validity of the residence permit at least 1 year,
important note: Apply for the extension in time before the expiry of the validity.
Processing duration
You will usually be informed of the duration of the procedure (about 6 to 8 weeks) when you apply for a residence title by the competent foreigners authority.
Note: The residence permit is issued as an electronic residence title.
Legal basis
§ 25 Para. 3 AufenthG
§ 60 par. 5, 7 AufenthG
§ 60 para. 2 sentence 1 AufenthG
§12a Residence Act
§ 9 Residence Act
§ 26 AufenthG
§ 45 Residence Ordinance
§ 53 Abs. 1 AufenthV
§ 44 AufenthG
§ 78 AufenthG
§ 78a AufenthG
§ 29 Abs. 3 AufenthG
Appeal
You will receive the following from your local immigration office
Online procedure possible: no
Personal appearance required: yes
What else should I know?
If the Federal Office has determined that deportation is prohibited and you cannot be granted a residence permit because there are grounds for refusal, your stay will be tolerated due to the legal impossibility of deportation.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Saxon State Ministry of the Interior
Professionally released on
29.10.2020
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
No competent authority found
Please enter your location.