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Residence permit for exceptional hardship cases Apply for extension
Service Description
You are in possession of a residence permit due to exceptional hardship. The circumstances justifying hardship continue to exist. Then this residence permit can be extended for you 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 justifying an obstacle to departure and the other reasons preventing termination of the residence permit must not have ceased to exist.
The general conditions for issuing a residence permit must continue to be met (in particular, the need to secure a livelihood, clarified identity, no interest in deportation), unless the Aliens' Registration Office has discretion to waive these conditions.
The extension of the residence permit still does not entitle you to gainful employment. It can only be permitted upon application by the Aliens' Registration Office.
A residence requirement can still be imposed on you.
You are entitled to social benefits (basic benefits for job-seekers according to the Third Social Security Code or basic benefits for old age or reduced earning capacity according to the Twelfth Social Security Code) 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
Arrange an appointment with the immigration office responsible for your place of residence. 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 Foreigners' Registration Office.
If you have applied for an extension in due time (before the expiry of your residence permit), your previous residence is considered permitted until the decision of the Aliens' Registration Office.
If your application is granted, the Foreigners Authority 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.
Regarding 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
- The residence permit is extended if the requirements that must be met when it was first issued continue to be met.
- Existence of an application for extension
- The general conditions for issuance are met (e.g. securing livelihood, sufficient living space, fulfillment of passport obligation).
- no reasons for refusal
- no entry or residence ban
- no possibility of issuing or extending another residence permit
- No interest in expulsion
Which documents are required?
- previous residence permit
- current biometric photo
- Proof of identity, if available for example passport, ID card, birth certificate, marriage certificate; citizenship certificate
- proof of your health insurance
- Rental contract
- Employment contract, if applicable; professional license, if applicable
What are the fees?
Fee exemption when receiving social benefits.
Fee: 96,00 EURPayment in advance: NoFee for the extension of the residence permit for up to three months
Fee: 48,00 EURPayment in advance: NoFee for the extension of the residence permit of up to three months for minors
Fee: 93,00 EURPayment in advance: NoFee for the extension of the residence permit for more than three months
Fee: 46,50 EURPayment in advance: NoFee for the extension of 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 - well in advance of the expiration of the validity of your residence permit - at the aliens' registration office responsible for your place of residence.
Validity of the residence permit:
- In principle, only for the period required to achieve the purpose of residence, three years at the most
- Period for filing an appeal: 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
§ 25b para. 1 in conjunction with. § Section 8 Residence Act
- § Section 25 (4) sentence 2 Residence Act (AufenthG)
- § Section 8 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 Act (AufenthG)
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.
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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