Residence permit

Germany

Country Report: Residence permit Last updated: 30/11/20

Author

Informationsverbund Asyl und Migration Visit Website

According to Section 25(2) of the Residence Act, both refugees and subsidiary protection beneficiaries are entitled to a residence permit (Aufenthaltserlaubnis). According to Section 26(1) of the Residence Act, the duration of residence permits differs for the various groups:

  • Three years for persons with refugee status;
  • One year for beneficiaries of subsidiary protection, renewable for an additional two years;
  • At least one year for beneficiaries of humanitarian protection.

Responsibility for issuing the residence permits lies with the local authorities of the place of residence of the beneficiary of protection.

Renewal of residence permits is generally subject to the same regulations as apply to issuance.[1] Therefore, residence permits have to be renewed as long as the reasons which have led to the first issuance persist. The refugee status, the subsidiary protection, and the status or the so-called “prohibition of deportation” (Abschiebungsverbot) which is the basis of national protection status, have to be formally revoked by the BAMF, otherwise the residence permit has to be issued and/or renewed.[2]

 


[1] Section 8(1) Residence Act.

[2] Sections 73a to 73c Residence Act.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation