Applying for a residence permit in the event of a ban on deportation

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 destination country constitutes a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), or if there is a significant concrete danger to life, limb or liberty, you may be eligible for a residence permit if the conditions are met.

However, the residence permit will not be issued if it is possible and reasonable for you to leave for another country or if you have repeatedly or grossly violated your obligations to cooperate or if there are grounds for refusal. Grounds for refusal may include, for example, if you have committed a crime against humanity, war crimes, crimes against peace, crimes of considerable importance, or if you pose 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. Extension is possible.

The residence permit entitles you to pursue gainful employment

They are subject to a residence requirement for three years for the federal state to which they have been assigned for the purpose of carrying out the asylum procedure. The residence regulation does not apply or can be revoked if you, your spouse, registered partner or a minor child are taking up or have taken up employment subject to social security contributions 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 if you are or have taken up vocational training or studies. Employment must also be sustainable. This is assumed if your employment relationship is expected to last for more than three months.

You are entitled to social benefits. You can receive child benefit, parental allowance and educational support if certain conditions are met.

Family reunification for your spouse and minor child is only possible for reasons of international law or humanitarian law or to safeguard the political interests of the Federal Republic of Germany. The family members themselves must meet the requirements for admission from abroad on international or humanitarian grounds.

You are not entitled to participate in the integration course, admission to the integration course can only be granted within the framework of available course places

A settlement permit can be issued to you upon application if you have held the residence permit for five years, are able to secure a livelihood for yourself and your family (community of needs) from your own income without recourse to public benefits, have paid contributions to the statutory pension insurance scheme or to another pension institution 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 engage in gainful employment and have all the necessary permits,

have sufficient knowledge of the German language (level B1),

have basic knowledge of the legal and social order and living conditions in Germany, and

have sufficient living space for you and your family.