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Applying for a residence permit in the case of subsidiary protection
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
If you have been granted subsidiary protection by the Federal Office for Migration and Refugees, apply for a residence permit at the immigration/foreigners authority responsible for you.
You must be granted a residence permit (legal entitlement) if you have been incontestably recognized 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 under the conditions of Section 53 (3a) of the Residence Act (AufenthG) because there are compelling reasons of national security or public order
- there is an interest in deportation within the meaning of § 54 Paragraph 1 Number 2 or 4 AufenthG or a deportation order has been issued in accordance with § 58a AufenthG.
Until the residence permit is issued, your stay is deemed to be 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 (including the time of the asylum procedure), you can be granted a permanent settlement permit if you meet the requirements for this.
For three years, you are subject to a residence requirement for the federal state in which you have been assigned to carry out the asylum procedure. The residence regulation does not apply or can be lifted if you, your spouse, registered partner or a minor child with whom you are related and live in a family partnership, are in employment subject to social insurance contributions for at least 15 hours per week and have a minimum income that exceeds the average monthly requirement according to SGB II (currently 820 euros), or vocational training or studies, or an integration course in accordance with § 43, a vocational language course in accordance with § 45a, a qualification measure lasting at least three months that leads to professional recognition, or a further training measure in accordance with §§ 81 and 82 of the Third Book of the German Social Code. The employment must also be sustainable. This is assumed if your employment relationship is expected to last for more than three months.
You are permitted to work.
You are entitled to social benefits (basic income support for jobseekers or basic income support in old age or in the event of reduced earning capacity) and child benefit, parental benefit and educational support.
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 custodial parent.
Reunification 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 entitlement to reunification is made as part of the visa procedure.
You are entitled to attend an integration course. When issuing the residence permit, the immigration/foreigners authority will also determine ex officio whether you are entitled to attend an integration course. If this is the case, it will issue you with a certificate of eligibility. At the same time, you will also receive a list of course providers in your area where you can register on presentation of your certificate of eligibility. You can also see where integration courses take place at https://bamf-navi.bamf.de/de/.
You can be granted a settlement permit if you
- have held a residence permit for five years,
- can support yourself and your family (community of need) from your own income without claiming public benefits,
- have paid contributions to the statutory pension scheme or another pension scheme with comparable benefits for at least 60 months,
- there are no reasons of public safety or order to the contrary,
- are allowed to pursue gainful employment and have all the necessary permits,
- have sufficient knowledge of the German language (level B1),
- have a basic knowledge of the legal and social order and living conditions in Germany (e.g. through successful participation in an integration course) and
- have sufficient living space for yourself and your family.
As a rule, you must apply for your residence permit in person
- Arrange an appointment with your local foreigners authority. You can also find out about the application process and which documents you need to submit and in what form on the website of the relevant immigration office.
- Your fingerprints will be taken during your appointment.
If your application is approved, the foreigners authority will commission the Bundesdruckerei to produce the electronic residence permit. The residence permit is in the form of a check card with additional electronic functions.
For information on the duration of the procedure until the residence permit is issued, please contact the relevant immigration authority.
Who should I contact?
Locally responsible foreigners authority
Locally responsible foreigners authority of your independent city or district
- The prerequisite for the issuance of a residence permit is the final recognition of subsidiary protection by the Federal Office for Migration and Refugees
- The existence of an application for a residence permit
- There must be no grounds for refusal.
Which documents are required?
- Decision of the Federal Office for Migration and Refugees on 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, certificate of citizenship
What are the fees?
You are exempt from the fee for issuing a residence permit.
What deadlines do I have to pay attention to?
Validity of the residence permit 1 year,
Important note: Apply for an extension in good time before the expiry date
When applying for a residence permit, you will usually be informed of the duration of the procedure (approx. 6 to 8 weeks) by the responsible immigration authority.
Note: The residence permit is issued as an electronic residence permit.
§ Section 25 (2) Residence Act (AufenthG)
§ Section 4 (1) Asylum Act (AsylG)
§ 12a Residence Act (AufenthG)
§ Section 9 Residence Act (AufenthG)
§ Section 26 Residence Act (AufenthG)
§ Section 52 (3) Residence Ordinance (AufenthV)
§ Section 36a Residence Act (AufenthG)
§ Section 44 Residence Act (AufenthG)
§ Section 78 Residence Act (AufenthG)
§ Section 78a Residence Act (AufenthG)
Applications / forms
You will receive the following from your local foreigners authority
Online procedure possible: no
Personal appearance required: yes
What else should I know?
As a recognized beneficiary of subsidiary protection, you will not be issued a travel document for refugees.
You may be issued a travel document for foreigners upon application if you cannot reasonably be expected to obtain a national passport. It is not unreasonable per se for a beneficiary of subsidiary protection to approach the national authorities in order to obtain a national passport.
The text was automatically translated based on the German content.
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