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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.

Process flow

As a rule, you must apply for your residence permit in person.

Make an appointment with the local Foreigners' Registration Office. You can also find out about the application process and which documents you need to submit and in what form on the respective website of the Foreigners' Association.

During your appointment, your fingerprints will be taken

Until a decision has been made on your application, your stay is tolerated.

If your application is approved, the Foreigners' Registration Office will instruct the Federal Printing Office to issue the electronic residence permit. The residence permit takes the form of a credit card with additional electronic functions.

For information on the duration of the procedure until the residence permit is issued, please contact the responsible Foreigners' Registration Office.

Who should I contact?

Locally responsible Foreigners' Registration Office


Determination of deportation bans by the Federal Office for Migration and Refugees

Submission of an application for a residence permit

There must be no grounds for refusal.

Which documents are required?


Decision of the Federal Office for Migration and Refugees on the determination of deportation bans

Recent 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 obtained from your contact person.

What are the fees?

Exemption from fees for the receipt of social benefits.

Fee: 100,00 EUR
Payment in advance: No
Fee for the issuance of the residence permit.

Fee: 50,00 EUR
Payment in advance: No
In the case of minors

What deadlines do I have to pay attention to?

validity of the residence permit for at least 1 year,

Important note: Apply for the extension in good time before the expiry of the validity.

Processing duration

When you apply for a residence permit, you will usually be informed by the competent immigration authority of the duration of the procedure (about 6 to 8 weeks).

Note: The residence permit is issued as an electronic residence permit.

Legal basis

Section 25 (3) of the Residence Act

Section 60 (5) and (7) of the Residence Act

Section 60 (2) sentence 1 of the Residence Act

Section 12a of the Residence Act

Section 9 of the Residence Act

Section 26 of the Residence Act

Section 45 of the Residence Ordinance

Section 53 (1) of the Residence Ordinance

Section 44 of the Residence Act

Section 78 of the Residence Act

Section 78a of the Residence Act

Section 29 (3) of the Residence Act

Residence Act

Residence Ordinance

Applications / forms

Obtain from your local Foreigners' Registration Office

Online procedure possible: no

Personal appearance required: yes


  • An appeal against a negative decision of the Foreigners' Registration Office can be brought before the competent administrative court.

A preliminary procedure (opposition) does not take place in Lower Saxony.

Detailed information can be found in the rejection notice.

What else should I know?

If the Federal Office has establisheda ban ondeportation 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.

Technically approved by

Lower Saxony Ministry of the Interior and Sports


The text was automatically translated based on the German content.

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)