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Residence permit for international law, humanitarian or political reasons Issued to beneficiaries of subsidiary protection

How do I apply for a residence permit in the case of subsidiary protection?

Your responsible authority

Please enter a town (or postcode) where you are looking for the service search place
  • Forms

    You will receive the following from your local immigration office

    Online procedure possible: no

    Personal appearance required: yes


  • Detailed description

    If you have been granted subsidiary protection by the Federal Office for Migration and Refugees, apply for a residence permit at the foreigners authority responsible for you.

    You must be granted a residence permit (legal entitlement) if you have been incontestably recognised by the Federal Office for Migration and Refugees as a person entitled to subsidiary protection. However, you may not be granted a residence permit if you have been deported on the basis of a particularly serious reason for deportation (e.g. conviction for an intentional criminal offence to a custodial or juvenile sentence of at least two years).

    Until the residence permit is issued, your stay is considered permitted by law.

    The residence permit entitles you to pursue gainful employment.

    Persons entitled to subsidiary protection receive a residence permit valid for one year, which can be extended for two years at a time. After five years at the earliest (the time of the asylum procedure is included), an unlimited settlement permit can be issued, provided that you meet the requirements for this.

    You are subject to a residence requirement for three years for the federal state in 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 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.

    Legal consequences:

    You are allowed to be gainfully employed.

    You are entitled to social benefits (basic benefits for job-seekers or basic benefits in old age or in the event of reduced earning capacity) and child benefit, parental allowance and educational grants.

    The possibility of family reunification exists for your relatives, the so-called nuclear family - these are the spouse, underage unmarried children and parents of underage children who live in Germany without a parent with parental authority.

    The right to join the family is limited to a total of 1,000 persons per month for the entire territory of the Federal Republic of Germany and requires that there is a humanitarian reason. The decision on the right to join the family will be made within the framework of the visa procedure.

    You are entitled to participate in an integration course. When the residence title is issued, the Foreigners' Registration Office also determines ex officio whether there is an entitlement to participate in an integration course. If this is the case, they will issue you with a certificate of entitlement. At the same time, you will also receive a list of course providers in your area, where you can register by presenting your entitlement certificate.

    A settlement permit can be issued to you if you have

    • have held a residence permit for five years
    • are able to support yourself and your family (Bedarfsgemeinschaft) from your own income without claiming public benefits,
    • you 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.

  • Requirements
    • The prerequisite for the issuance of a residence permit is the final recognition of subsidiary protection by the Federal Office for Migration and Refugees.
    • An application for a residence permit must be submitted.
    • There must be no grounds for refusal.
  • Documents
    • Notification from the Federal Office for Migration and Refugees regarding recognition as a person entitled to subsidiary protection
    • Current biometric photo
    • Proof of identity, if available e.g. passport, ID card, birth certificate, marriage certificate, citizenship certificate
  • Fees

    You are exempt from the fee for issuing a residence permit.

  • Process

    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 procedure and which documents you need to submit in which form on the respective website of the foreigners authority.
    • During your appointment, your fingerprints will be taken.

    If your application is accepted, the Aliens' Registration Office will commission the Bundesdruckerei to produce the electronic residence permit. The residence permit is in the form of a cheque card with additional electronic functions.

    For information on the duration of the procedure until the residence title is issued, please contact the foreigners authority responsible.

  • 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 Aliens' Registration Office.

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

  • Deadline

    Validity of the residence permit 1 year,

    Important note: Apply for renewal in good time before the expiry date.

  • Responsible authority

    Locally responsible foreigners authority of your independent town or district

  • Point of contact

    Locally competent foreigners authority

  • Legal basis

    § 25 para. 2 sentence 1 2nd alt. AufenthG

    § 4 para. 1 Asylum Act

    § 12a Residence Act

    § 9 Residence Act

    § 26 Residence Act

    § 52 Abs. 3 AufenthV

    Section 36a AufenthG

    Section 44 AufenthG

    § 78 Residence Act

    Section 78a AufenthG

  • Pointer

    As a recognised beneficiary of subsidiary protection, you will not be issued with a travel document for refugees.

    You may be issued with a travel document for aliens on request if you cannot reasonably be expected to obtain a national passport. It is not per se unreasonable for a beneficiary of subsidiary protection to approach the national authorities in order to obtain a national passport.

  • More information
  • Approved

    Saxon State Ministry of the Interior

  • Approved date
    29.10.2020