Aufenthaltserlaubnis erteilen für Flüchtlinge
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
§ 25.2 sentence 1 1. AufenthG
§ 3(1) AsylG
§ 12a AufenthG
§ 9 AufenthG
§ 26 AufenthG
§ 48 AufenthV
§ 52 Abs. 3 AufenthV
§ 29(2) AufenhtG
§ 44 AufenthG
§ 78 AufenthG
§ 78a AufenthG
If you have been granted refugee protection by the Federal Office for Migration and Refugees, apply for a residence permit from the immigration authority responsible for you.
You must be granted a residence permit (legal entitlement) if you have been indisputably recognised by the Federal Office for Migration and Refugees as a foreign refugee within the meaning of the Convention of 28 July 1951 on the Status of Refugees (so-called Convention Refugee). However, you may not be granted the residence permit if you have been expelled for a custodial or juvenile sentence of at least two years on the basis of a particularly serious interest in expulsion (e.B. conviction for an intentional crime).
Until the residence permit is issued, your stay is considered permitted by law.
The residence permit entitles you to work.
The residence permit is issued for three years and can be renewed thereafter.
They are subject to a residence requirement for three years for the federal state in which they were assigned to carry out the asylum procedure. The residence regulation does not apply or can be revoked if you, your spouse, registered civil partner or a minor child are employed with at least 15 hours per week subject to social security contributions and a minimum income that is higher than the average monthly requirement according to SGB (currently 723 euros), or vocational training or studies. Employment must also be sustainable. This is assumed if your employment relationship is expected to last more than three months.
You are entitled to social benefits (basic security for job seekers or basic security in old age or in the event of disability), child benefit, parental allowance and educational support
Family reunification for your spouse or minor children is possible. Within the scope of its discretion, the Immigration Office may issue a residence permit to the spouse or minor child of a recognised refugee who is moving in, despite the lack of security of livelihood and the lack of sufficient housing. If the application for family reunification is submitted within three months of the issue of the residence permit and the establishment of the family partnership in a third country is not possible, there is a legal right to the grant.
You are entitled to participate in the integration course. When issuing the residence permit, the Immigration Office also determines ex officio whether there is a right to participate in an integration course. If this is the case, it will issue you with a certificate of entitlement. At the same time, you will also receive a list of the course providers in your area, to which you can register by presenting your authorization certificate.
A settlement permit must be issued to you if you
- have been in possession of the residence permit for five years,
- if the Federal Office for Migration and Refugees (BAMF) has notified that the conditions for revocation or withdrawal are met,
- have sufficient knowledge of the German language (level A 2),
- the livelihood for yourself and your family (community of needs) predominantly (at least 51%) from their own income.
- Your stay does not endanger or impair the interests of the Federal Republic of Germany,
- may pursue an activity and hold all the necessary permits,
- you have basic knowledge of the legal and social order and living conditions in Germany,
- have sufficient living space for yourself and your family.
Can you make a living for yourself and your family for the most part (at least 75%) from your own income and master the German language (corresponds to level C 1), you must already be granted the settlement permit if you have been in possession of a residence permit for three years.
- Decision of the Federal Office for Migration and Refugees on recognition as a refugee under the Geneva Refugee Convention
- current biometric photo
- Proof of identity, if available e.B. passport, ID card, birth certificate, marriage certificate, nationality card
- The prerequisite for the granting of the residence permit is the final determination of refugee status by the Federal Office for Migration and Refugees
- Existence of an application for a residence permit
- There must be no grounds for refusal.
As a recognised refugee, you are exempt from the fee for issuing a residence permit.
If you are issued with a travel document for refugees, the fee is 60 euros from the age of 24, up to the age of 24 38 euros.
As a rule, you must apply for your residence permit in person.
- Arrange an appointment with the local immigration authority. You can also inform yourself on the respective website of the Ausländerbörde about the procedure of the application and which documents you have to submit in which form.
- During your appointment, your fingerprints will be taken.
If your application is granted, the Immigration Office instructs the Federal Printing Office to produce the electronic residence title. The residence permit has the form of a cheque card with additional electronic functions.
With regard to the duration of the procedure until the residence permit is handed over, please contact the competent immigration authority.
As a rule, when applying for a residence permit, you will be informed by the competent immigration authority of the duration of the procedure (about 6 to 8 weeks).
Note: The residence permit is issued as an electronic residence permit.
validity of the residence permit 3 years,
Important note: Apply for the extension or the granting of the settlement permit in good time before the expiry of the validity period.
- Issuance of a residence permit after refugee recognition at the competent immigration authority—legal claim- but:
- No entitlement to a residence permit in the event of expulsion due to a particularly serious interest in expulsion
- Permission fiction - After validity of the decision on refugee recognition, residence is considered allowed
Legal consequences Of issuing residence permits:
- Permission to work
- Residence requirement for three years for the federal state in which they have been assigned to carry out the asylum procedure
- Entitlement to social benefits
- Family reunification possible (spouse, minor children)
- Entitlement to integration course
- Issuance of a settlement permit after five or three years after certain conditions have been met
- Personal appearance required: yes
Responsible: Your local immigration authority
Get it from your local immigration office
Online procedure possible: no
Personal appearance required: yes