Immigration Law: Purposes of Residence for International, Humanitarian, or Political Reasons

The German Residence Act stipulates various possibilities for granting residence permits for international, humanitarian, or political reasons.

The following case groups are possible:

 

• • • • • • • Recognition as asylum seekers or refugees:
              Foreigners are to be granted a residence permit if they have been irrevocably recognized by the Federal Office for Migration and Refugees (BAMF) as asylum seekers (Article 16a Paragraph 1 of the Basic Law) or as refugees under the Convention of July 28, 1951, relating to the Status of Refugees (Convention Refugees).
            • Prohibition of deportation:
              If an independent, target country-related prohibition of deportation exists, for example, because the foreigner faces torture, inhumane treatment, or the death penalty in the state to which they are to be deported, a residence permit can also be granted. This often relates to a form of subsidiary protection.
            • Existence of other obstacles to deportation:
              If departure is impossible for legal or factual reasons, a temporary residence permit can be granted. This includes cases where repatriation is not possible, such as due to the lack of travel documents or other obstacles in the destination country.
            • Humanitarian admission from abroad:
              A residence permit can be granted to a foreigner for international or urgent humanitarian reasons if the Federal Ministry of the Interior or a designated authority declares admission for political reasons. This often applies to special programs, such as the admission of particularly vulnerable groups from crisis areas.
            • Stay regulations of the federal states:
              The top state authority also has the option to order that a residence permit be granted to a foreigner for international or humanitarian reasons or to protect the political interests of the Federal Republic of Germany. These stay regulations are particularly relevant in cases where repatriation is unreasonable or impractical, but no other regulation applies.

In addition to the mentioned case groups, there are also regulations for hardship cases, where individual humanitarian reasons, such as particularly successful integration or serious personal circumstances, can lead to the granting of a residence permit. The Residence Act provides flexibility to act in special cases, taking individual circumstances into account.

The Residence Act specifically provides the following possibilities for granting residence to foreigners for international, humanitarian, or political reasons:

Residence permit for admission from abroad, § 22 Sentence 1 AufenthG

Residence permit for admission from abroad by the Federal Ministry of the Interior, § 22 Sentence 2 AufenthG

Residence permit for stay granted by top state authorities, § 23 Paragraph 1 Sentence 1 AufenthG

Residence permit for stay granted in special cases, § 23 Paragraph 2 AufenthG

Settlement permit for stay granted by top state authorities, § 23 Paragraph 2 Sentences 1 and 2 AufenthG

Residence permit for stay granted in hardship cases, § 23a Paragraph 1 Sentence 1 AufenthG

Residence permit for temporary protection, § 24 Paragraph 1 AufenthG

Residence permit for irrevocably recognized asylum seekers, § 25 Paragraph 1 Sentence 1 AufenthG

Residence permit for the irrevocable granting of refugee status by the Federal Office for Migration and Refugees (BAMF), § 25 Paragraph 2 Sentence 1 AufenthG

Residence permit in case of a deportation ban under § 25 Paragraph 3 Sentence 1 AufenthG in conjunction with § 60 Paragraphs 2, 3, 5, or 7 AufenthG

Residence permit for temporary stay due to urgent personal or humanitarian reasons or significant public interest, § 25 Paragraph 4 Sentence 1 AufenthG

Extension of residence permit due to exceptional hardship, § 25 Paragraph 4 Sentence 2 AufenthG

- Residence permit for victims of human trafficking or who have been assisted in illegal immigration, Section 25 (4a) sentence 1 AufenthG

Residence permit for victims of a crime under § 10 or 11 of the Illegal Employment Prevention Act or victims of a crime under § 15a of the Temporary Employment Act, § 25 Paragraph 4b Sentence 1 AufenthG

Residence permit in cases where departure is impossible for legal or factual reasons, § 25 Paragraph 5 AufenthG

Residence permit for cases where departure is impossible for legal or factual reasons, § 25 Paragraph 5 Sentence 1 AufenthG

Residence permit for cases where deportation has been suspended for 18 months, § 25 Paragraph 5 Sentence 2 AufenthG

Residence permit for integrated adolescents/young adults, § 25a Paragraph 1 AufenthG

- Residence permit for parents of an integrated young person/adolescent, Section 25a (2) sentence 1 AufenthG

Residence permit for parents of an integrated adolescent/young adult, § 25a Paragraph 2 Sentence 1 AufenthG

Residence permit for siblings of a well-integrated adolescent/young adult, § 25a Paragraph 2 Sentence 2 AufenthG

Residence permit for tolerated foreigners with sustainable integration into the living conditions of the Federal Republic of Germany, § 25b Paragraph 1 Sentence 1 AufenthG

Residence permit for the spouse, life partner, or minor children of a sustainably integrated foreigner, § 25b Paragraph 4 Sentence 1 AufenthG

Residence permit for a foreigner with a work suspension permit under § 60d AufenthG, their spouse/life partner, and minor children if the foreigner has held the work suspension permit for 30 months, § 25b Paragraph 6 AufenthG

Settlement permit for asylum seekers and Convention refugees holding a residence permit under § 25 Paragraphs 1 or 2 for three years, § 26 Paragraph 3 AufenthG

Settlement permit for holders of a residence permit for international, humanitarian, or political reasons for seven years (in the case of minors in conjunction with § 35 AufenthG), § 26 Paragraph 4 Sentence 1 AufenthG

Residence permission (to conduct the asylum procedure), § 55 Paragraph 1 Sentence 1 AsylVfG

- Residence permit for tolerated foreigners (old case regulation), § 23 Para. 1 S. 1 i. in conjunction with § 104 a para. 1 sentence 2 AufenthG

Probationary residence permit (old case regulation), § 104a Paragraph 1 Sentence 1 AufenthG

Residence permit for tolerated foreigners (old case regulation), § 23 Paragraph 1 Sentence 1 in conjunction with § 104a Paragraph 1 Sentence 2 AufenthG

Residence permit for adult children of tolerated persons (old case regulation), § 23 Paragraph 1 Sentence 1 in conjunction with § 104a Paragraph 2 Sentence 1 AufenthG

- Right of residence on opportunity, Section 104 c (1) sentence 1 AufenthG

Residence permit for unaccompanied refugees (old case regulation), § 23 Paragraph 1 Sentence 1 in conjunction with § 104a Paragraph 2 Sentence 2 AufenthG

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

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