Residence permit - Humanitarian residence without protection status
Residence permit for rejected asylum seekers, by order of the highest state authority or if it is impossible to leave the country.
Description
Persons tolerated in Germany can be granted a residence permit for humanitarian reasons in accordance with the right of residence and old case regulations.
In addition, the Bavarian State Chancellery can order that foreigners from certain countries or certain groups of foreigners be granted a residence permit for reasons of international law or humanitarian reasons or to protect the political interests of the Federal Republic of Germany.
Bavaria has had a Hardship Commission since 2006. The Hardship Commission makes it possible to grant a residence permit to foreigners who are actually obliged to leave the country in exceptional cases. There must be urgent personal or humanitarian reasons that justify their continued stay in Germany. In this way, help can be provided in special individual cases and in exceptional humanitarian cases for which the Residence Act does not otherwise provide an appropriate solution. As a rule, the requirements are a long-term stay, good integration and independent means of subsistence.
If the Hardship Commission has submitted a hardship application, the decision as to whether the application can be granted lies with the State Ministry of the Interior, Sport and Integration.
If there are other obstacles to leaving the country, a residence permit may be issued. The prerequisite is that it is impossible to leave the country for legal or factual reasons. The obstacle to departure must not be expected to cease in the foreseeable future. The residence permit may not be issued if the foreigner has caused the obstacle to departure him/herself and could remove it. The residence permit is issued for a maximum of six months in each of the first 18 months. After that, the residence permit can be issued for up to three years.
A residence permit for another humanitarian reason may only be issued if the person is prevented from leaving the country through no fault of their own. If it is possible for the Foreigners Office to terminate the stay, a residence permit cannot generally be issued.
Prerequisites
The Federal Ministry of the Interior and for Home Affairs and the federal states have agreed on regulations on the right of residence and old cases or the Bavarian State Chancellery has issued a corresponding order.
or
The Bayer. State Ministry of the Interior, Sport and Integration has confirmed the existence of a case of hardship, a residence permit will be issued. The Bayer. State Ministry of the Interior, for Sport and Integration determines the requirements.
or
You are obliged to leave Germany and can prove that you are unable to leave Germany for legal or factual reasons through no fault of your own.
Required documents
For residence permits under the right to stay and old case regulations:
- Fully completed application form
- Valid passport, passport substitute or another document clarifying your identity
- If applicable, evidence of the efforts made to clarify your identity and obtain a valid ID and travel document
- Current confirmation of employment and the last three salary slips
- Confirmation from the job centre that no social benefits including housing benefit are being received or, if benefits are being received, proof of
- Social benefits (benefit notice)
- current school certificate for school-age children
- Tenancy agreement stating the size of the flat in square metres and bank statements showing the amount of rent or a certificate of residence
For residence permits following proceedings at the Hardship Commission or following an order from the Bavarian State Chancellery.
- Fully completed application form
- Order of the Bayer. State Ministry of the Interior, for Sport and Integration
- All documents that the Bayer. State Ministry of the Interior, for Sport and Integration requires
For residence permit due to an obstacle to departure
- Fully completed application form
- Documents to prove that your departure is not possible for legal or factual reasons
- Valid passport, passport substitute or other identity document
- If applicable, evidence of the efforts made to clarify your identity and obtain a valid identity and travel document
- Current confirmation of employment and the last three salary statements
- Confirmation from the job centre that no social benefits including housing benefit are being received or, if benefits are being received, proof of social benefits (benefit notification)
Further documents may be required in individual cases.
Questions & Answers
For people who are dependent on social benefits for their livelihood, the application is free of charge.
With a residence permit on humanitarian grounds, you are permitted to work in any gainful employment or self-employment. This information is stated on the electronic residence permit or the supplementary sheet.
The hardship procedure is not an application procedure. Foreigners who are obliged to leave the country or their representatives cannot request that the Bavarian Hardship Commission deal with their case or make a specific decision.
The Hardship Commission only deals with cases on the proposal of a member with voting rights. The members of the Hardship Commission are defined in § 2 of the Hardship Commission Ordinance
Illness in itself is not a reason for granting a residence permit. It depends on whether the illness constitutes an obstacle to departure and whether this obstacle will cease to exist in the foreseeable future.
As a rule, you cannot obtain a residence permit for this reason. In addition to passports, the diplomatic missions abroad also issue documents authorising a single entry into the country of origin. Please enquire about the issuing requirements at the diplomatic mission responsible for you.
Illness in itself is not a reason for issuing a residence permit. It depends on whether the illness of the family member constitutes an obstacle to leaving the country and whether your presence in Germany is therefore necessary.
You can get advice from the Integration Counselling Centre IBZ Sprache und Beruf and the Social Services Department.
You need a valid national passport to travel abroad.
Legal basis
§ Section 23 (1) AufenthG, Sections 104a, 104b AufenthG, Section 23a AufenthG, Section 25 (5) AufenthG
Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Ausländerangelegenheiten, Asylangelegenheiten
Internet
Phone
Consultation hours
- Mon 07:30 - 15:30
- Tue 07:30 - 15:30
- Wed 07:30 - 15:30
- Thu 07:30 - 15:30
- Fri 07:30 - 13:00
- Sat Closed
- Sun Closed
Postal address
Landeshauptstadt München
Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Ausländerangelegenheiten, Asylangelegenheiten
Ruppertstraße 19
80466 München
Fax: +49 89 233-45595
Address
Ruppertstraße 19
80337 München
Lagehinweis: Eingang A