Aufenthaltserlaubnis für außergewöhnliche Härtefälle beantragen
Inhalt
Begriffe im Kontext
- Anforderungen in Bezug auf Aufenthaltskarten für Unionsbürger und ihre Familienmitglieder, einschließlich Familienmitglieder, die keine Unionsbürger sind
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 25 (4) sentence 2 Residence Act (AufenthG)
- § 5 Residence Act (AufenthG)
- § Section 12 Residence Act (AufenthG)
- § Section 29 (3) Residence Act (AufenthG)
- § Section 44 Residence Act (AufenthG)
- § Section 44a Residence Act (AufenthG)
- § Section 78 Residence Act (AufenthG)
- § Section 78a Residence Act (AufenthG)
- § Section 45 Residence Ordinance (AufenthV)
- § Section 50 Residence Ordinance (AufenthV)
- § Section 53 Residence Ordinance (AufenthV)
You can apply for an extension of the residence permit due to special personal reasons or special nature of the individual case.
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 an extraordinary hardship for you.
The general conditions for issuing a residence permit must also be met (in particular, you must be able to secure your livelihood, your identity must have been clarified, and there must be no interest in deportation).
The residence permit does not entitle you to take up gainful employment, which can be permitted on application by the Aliens' Registration Office.
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 for old age or reduced earning capacity according to the Social Security Code XII) and child benefits.
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.
- Presentation of the currently valid residence permit
- current biometric photo
- Proof of identity, for example passport, ID card, birth certificate, marriage certificate; citizenship certificate
- employment contract or binding job offer
- for regulated professions: Your professional license (for example, license to practice or license to practice)
- Proof of health insurance
- Rental agreement
- 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 issuance (e.g. securing livelihood, sufficient living space, passport obligation)
- No interest in deportation
- No entry and residence ban
Exemption from fees when receiving social benefits
As a rule, you must apply for the extension of your residence permit due to exceptional hardship in person.
Arrange an appointment with the foreigners authority responsible for your place of residence. 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 (eAT). The residence permit is in the form of a check card.
With regard to the duration of the procedure until the residence permit is issued, please inform yourself at the responsible Foreigners' Registration Office.
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 foreigners authority.
Note: The residence permit is issued as an electronic residence title.
Validity of the residence permit:
- In principle, only for the period necessary to achieve the purpose of residence.
Three years at the most
Period of action: 1 month
Exceptional hardship can only be assumed if you are in an emergency situation that is clearly different from the situation of other foreigners (detailed justification required.
An appeal against the decision of the Foreigners' Registration Office may be filed with the court specified in the decision.
- Residence permit for reasons of international law, humanitarian or political reasons Issued for exceptional cases of hardship.
- Requirements:
- Possession of a residence permit
- Extension or issuance of a residence permit on the basis of other regulations is not considered
- Leaving the federal territory constitutes exceptional hardship due to special circumstances of the individual case
- Fulfillment of the general conditions for issuance
- Legal consequences of the issuance of a residence permit:
- Gainful employment only permitted with the permission of the foreigners authority
- Entitlement to social benefits
- No family reunification possible
- No entitlement to integration course, admission to integration course only within the scope of available course places
- No entitlement to extension of residence permit by the foreigners authority
- Personal appearance required: yes
- Fees:
- A fee of 100 euros is due when the residence permit is issued (50 euros for minors).
- Exemption from fees when receiving social benefits
- Responsible: Your local foreigners authority
You will receive the following from your local immigration office
Online procedure occasionally possible
Personal appearance required: yes