responsibility finder
Schleswig-Holstein

Applying for a residence permit for exceptional hardship cases

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

You are in possession of a residence permit. An extension of your residence permit cannot be extended according to the general regulations. A residence permit according to other regulations is also out of the question. Then this residence permit can be extended for you if, due to special circumstances of the individual case, leaving the Federal territory would mean exceptional hardship for you.

The general conditions for granting a residence permit must also be met (in particular, you must be able to secure your livelihood, your identity must have been clarified, and you must not be interested in being deported).

The residence permit does not entitle you to gainful employment. It can be granted on application by the foreigners authority.

A residence requirement can be imposed on you.

You are entitled to social benefits (basic benefits for job-seekers according to the Social Security Code II or basic benefits in old age or in case of reduced earning capacity according to the Social Security Code XII) and child benefit.

Family reunification is excluded.

They are not entitled to participate in an integration course. They can only be admitted to participate within the scope of available course places.


Process flow

As a rule, you must apply for the extension of your residence permit due to exceptional hardship in person.

Arrange an appointment with your local Aliens' Registration Office (Ausländerbehörde). You can also find out about the application procedure and which documents you need to submit in which form on the respective website of the Aliens' Registration Office.

During your appointment, your fingerprints will be taken.

If your application is approved, 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 permit is issued, please contact the foreigners authority responsible.

Who should I contact?

Locally responsible foreigners authority of your independent town or district

Competent authority

Locally responsible foreigners authority of your independent town or district

Requirements
  • Possession of a residence permit
  • No possibility of extension or issuance of another residence permit
  • Special circumstances of the individual case justify exceptional hardship
  • Threat of enforceable obligation to leave the country
  • Presentation of the general conditions for granting a residence permit (e.g. securing livelihood, sufficient living space, passport obligation)
  • No interest in deportation
  • No entry and residence ban
Which documents are required?
  • Presentation of the currently valid residence permit
  • Current biometric photo
  • Proof of identity, e.g. passport, ID card, birth certificate, marriage certificate; citizenship certificate
  • employment contract or binding job offer
  • for regulated professions: Your professional licence (for example, licence to practise or licence to practise).
  • Proof of health insurance
  • Tenancy agreement
What are the fees?

When the residence permit is issued, a fee of 100 euros is due (50 euros for minors).

Exemption from fees when receiving social benefits

What deadlines do I have to pay attention to?

Validity of the residence permit:

  • In principle, only for the period necessary to achieve the purpose of residence.

Three years at the longest

Processing duration

You will usually be informed of the duration of the procedure (about 6 to 8 weeks) when you apply for a residence permit by the competent Aliens' Registration Office.

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

Legal basis

§ 5 Residence Act

§ 12 Residence Act

Section 25 subsection 4 sentence 2 AufenthG

Section 29 subsection 3 AufenthG

Section 44 Residence Act

§ 44a Residence Act

§ 78 Residence Act

§ 78a Residence Act

Section 45 AufenthV

Section 50 AufenthV

Section 53 AufenthV

Applications / forms

You will receive the following from your local immigration office

Online procedure possible: no

Personal appearance required: yes

What else should I know?

Exceptional hardship can only be assumed if you are in an emergency situation that is clearly different from the situation of other foreigners.

Author

The text was automatically translated based on the German content.

Technically approved by

Saxon State Ministry of the Interior

Professionally released on

29.10.2020

Process flow

As a rule, you must apply for the extension of your residence permit due to exceptional hardship in person.

Arrange an appointment with your local Aliens' Registration Office (Ausländerbehörde). You can also find out about the application procedure and which documents you need to submit in which form on the respective website of the Aliens' Registration Office.

During your appointment, your fingerprints will be taken.

If your application is approved, 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 permit is issued, please contact the foreigners authority responsible.

Who should I contact?

Locally responsible foreigners authority of your independent town or district

Competent authority

Locally responsible foreigners authority of your independent town or district

Requirements

  • Possession of a residence permit
  • No possibility of extension or issuance of another residence permit
  • Special circumstances of the individual case justify exceptional hardship
  • Threat of enforceable obligation to leave the country
  • Presentation of the general conditions for granting a residence permit (e.g. securing livelihood, sufficient living space, passport obligation)
  • No interest in deportation
  • No entry and residence ban

Which documents are required?

  • Presentation of the currently valid residence permit
  • Current biometric photo
  • Proof of identity, e.g. passport, ID card, birth certificate, marriage certificate; citizenship certificate
  • employment contract or binding job offer
  • for regulated professions: Your professional licence (for example, licence to practise or licence to practise).
  • Proof of health insurance
  • Tenancy agreement

What are the fees?

When the residence permit is issued, a fee of 100 euros is due (50 euros for minors).

Exemption from fees when receiving social benefits

What deadlines do I have to pay attention to?

Validity of the residence permit:

  • In principle, only for the period necessary to achieve the purpose of residence.

Three years at the longest

Processing duration

You will usually be informed of the duration of the procedure (about 6 to 8 weeks) when you apply for a residence permit by the competent Aliens' Registration Office.

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

Legal basis

§ 5 Residence Act

§ 12 Residence Act

Section 25 subsection 4 sentence 2 AufenthG

Section 29 subsection 3 AufenthG

Section 44 Residence Act

§ 44a Residence Act

§ 78 Residence Act

§ 78a Residence Act

Section 45 AufenthV

Section 50 AufenthV

Section 53 AufenthV

Applications / forms

You will receive the following from your local immigration office

Online procedure possible: no

Personal appearance required: yes

What else should I know?

Exceptional hardship can only be assumed if you are in an emergency situation that is clearly different from the situation of other foreigners.

Author

The text was automatically translated based on the German content.

Technically approved by

Saxon State Ministry of the Interior

Professionally released on

29.10.2020

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