Residence permit - Humanitarian reasons with protection against deportation

If you are banned from deportation under Section 60 (5) or (7) of the Residence Act, the Foreigners Office will issue you with a residence permit.

Description

Persons to whom the Federal Office for Migration and Refugees (BAMF) has recognised a ban on deportation in the asylum procedure can apply for a residence permit. The BAMF's decision to grant a residence permit then contains the wording "The prohibition of deportation under Section 60 (5) of the Residence Act applies" or "The prohibition of deportation under Section 60 (7) of the Residence Act applies". Partial completion of the asylum procedure alone is not sufficient to obtain a ban on deportation. You must have completed the entire asylum procedure and submit the final notification from the BAMF.

The application for the first issue of a residence permit on the basis of a ban on deportation has no fictitious effect. Until the residence permit is issued, a tolerated stay will be issued.

If you receive social benefits, you must reside for three years in the federal state to which you were assigned for the asylum procedure. If you do not have a valid national passport, the residence permit will be issued as a substitute for an identity card.

Period of validity
The residence permit is issued for a maximum of three years and can be extended for a further three years. If protection against deportation no longer applies, the residence permit cannot be extended.

Employment opportunities
With the residence permit, you can work in Germany without restriction. This information is stated on the electronic residence permit or the supplementary sheet.

Integration
Persons who have been found to be ineligible for deportation are not entitled to attend an integration course. However, the BAMF can authorise them to take part if course places are available.

You must first register your main residence in Munich at the Citizens Office.

To apply and make an appointment, use our online service or send us your documents and application by post. After we have checked everything, you will receive an appointment from us.

Prerequisites

  • You are registered in Munich.
  • You have been granted protection against deportation by the BAMF and the asylum procedure has been completed.

Required documents

  • Fully completed application form
  • Valid passport, passport substitute or other identity document
  • Proof of the efforts made to clarify your identity and obtain a valid identity and travel document (if available)
  • Proof of receipt of public benefits (notification of receipt of benefits in accordance with SGB II or AsylbLG)
  • In the case of initial issue: notice of recognition from the Federal Office for Migration and Refugees and final notification from the Federal Office for Migration and Refugees
  • A current biometric passport photo

Further documents may be required in individual cases.

Duration & Costs

Fees

  • First issue: 100 Euro
  • Renewal: 93 Euro
  • First licence for minors: 50 Euro
  • Renewal for minors: 46.50 euros

For persons who are dependent on public benefits for their livelihood, the application is free of charge.

Payment methods available

Questions & Answers

The residence restriction can be lifted upon application if the requirements of Section 12a (5) of the Residence Act are met. The application must be submitted to the Foreigners Office responsible for the current place of residence. Immigration is only possible once the residence restriction has been lifted.

You will need a valid national passport to travel abroad.

Family reunification is only possible for reasons of international law or humanitarian reasons or to protect the political interests of the Federal Republic of Germany.

No, the Foreigners Office can also grant protection against deportation. The Foreigners Office will then involve the Federal Office for Migration and Refugees.

If you have already undergone an asylum procedure, you must submit a subsequent application for asylum or a resumption application to the Federal Office for Migration and Refugees.

Legal basis

§ Section 25 (3) AufenthG, Section 60 (5) and (7) AufenthG, Section 72 (2) AufenthG, Section 79 (1) AufenthG, Section 12a AufenthG, Section 29 (3) AufenthG

Landeshauptstadt München

Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Ausländerangelegenheiten, Asylangelegenheiten

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

Related services

Residence permit – Sustainable integration

Tolerated persons or holders of the right of residence with an opportunity (§ 104c AufenthG) can receive a residence permit if they have integrated sustainably.

Apply for asylum

Foreigners who invoke the right of asylum (asylum seekers) must undergo a recognition procedure that is laid down in the Asylum Act.

Residence permit - beneficiaries of subsidiary protection

If you have been recognised by the Federal Office for Migration and Refugees as a person entitled to subsidiary protection, you will receive a residence permit.

Residence permit – adolescents and young adults

Tolerated persons or holders of the right of residence between the ages of 14 and 26 can receive a residence permit if they have integrated well.

Residence permit for the asylum procedure

If you have submitted an application for asylum to the Federal Office for Migration and Refugees, you will receive a residence permit to carry out the asylum procedure.

Travel document for stateless persons

If you are stateless, the Foreigners Office can issue you a travel document for stateless persons in individual cases.

Travel document for foreigners

If you do not have a passport or passport replacement, the Foreigners Office can issue you with a travel document for foreigners in individual cases.

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.

Assistance under the Asylum Seekers Benefits Act

Asylum seekers who have little or no income receive economic assistance in accordance with the Asylum Seekers' Benefits Act (AsylbLG).

Temporary suspension of deportation (tolerated stay)

If you are obliged to leave Germany but cannot be deported, you will receive a certificate of suspension of deportation.