Application for a residence permit in the case of a deportation ban

If the Federal Office for Migration and Refugees has determined in your case that there are obstacles to deportation related to the country of destination because the return to the country of destination 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 granting 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, criminal offences 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. An 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 for the purpose of carrying 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 monthly average 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 benefit, parental benefit and education assistance 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 fulfil the requirements for admission from abroad on international law or humanitarian grounds.

You are not entitled to participate in an integration course; admission to an 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 to 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 permitted to engage in gainful employment and possess all the necessary permits 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.