Beantragen einer Aufenthaltserlaubnis für außergewöhnliche Härtefälle

§ 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

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 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.

• 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

• 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

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

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.

Make an appointment with the local Foreigners' Registration Office. You can also find out about the application process and which documents you need to submit and in what form on the respective website of the Foreigners' Association.

Your fingerprints will be taken during your appointment.

If your application is approved, the Foreigners' Registration Office will instruct the Federal Printing Office to issue the electronic residence permit. The residence permit takes the form of a credit card with additional electronic functions.

For information on the duration of the procedure until the residence permit is issued, please contact 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 Aliens' Registration Office.

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

Validity of the residence permit:

• In principle, only for the period of time necessary to achieve the purpose of the stay

A maximum of three years

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

An appeal against a negative decision of the Foreigners' Registration Office can be brought before the competent administrative court.

A preliminary procedure (opposition) does not take place in Lower Saxony.

Detailed information can be found in the rejection notice.

• Possession of a residence permit
• Extension or issuance of a residence permit on the basis of other regulations is out of the question
• Leaving the federal territory constitutes exceptional hardship due to special circumstances of the individual case
• Fulfilment of the general conditions for the granting of a residence permit

Legal consequences of the granting 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

Responsible: Your local foreigners authority

Locally responsible foreigners authority of your independent town or district

You will receive the following from your local immigration office

Online procedure possible: no

Personal appearance required: yes