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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a residence permit in the event of subsidiary protection

Description

If you have been granted subsidiary protection by the Federal Office for Migration and Refugees, you apply for a residence permit with the immigration authority responsible for you.

You must be granted a residence permit (legal entitlement) if you have been unchallenged as a subsidiary beneficiary by the Federal Office for Migration and Refugees. However, you may not be granted a residence permit if you have been deported on the basis of a particularly serious interest in expulsion (e.B.g. conviction for an intentional offence to a custodial sentence or juvenile sentence of at least two years).

Until the residence permit is issued, your stay is deemed permitted by law.

The residence permit entitles you to work.

Subsidiary beneficiaries receive a residence permit of one year validity, which can be renewed for two years at a time. After a minimum of five years (the period of the asylum procedure is included), an indefinite residence permit can be granted, provided that you meet the conditions for doing so.

They are subject to a residence requirement for three years for the Land in which they have been assigned to carry out the asylum procedure. The residence scheme does not apply or can be repealed if you, your spouse, registered partner or a minor child have taken up or commenced a social security occupation with at least 15 hours per week and a minimum income higher than the monthly average requirement under the SGB (currently EUR 723), or have taken up vocational training or studies. Employment must also be sustainable. This is assumed if your employment relationship is expected to last more than three months.

Consequences:

They are allowed to work.

You are entitled to social benefits (basic security for jobseekers or basic insurance in old age or in the event of disability) and child benefit, parental allowance and support for education

The possibility of family reunification exists for your relatives, the so-called nuclear family – that is, the spouse, minor unmarried children and parents of minor children who live in Germany without a dependent parent.

The move is limited to a total of 1,000 people per month for the entire territory of the Federal Republic of Germany and assumes that there is a humanitarian reason. The decision on the right to move is taken in the context of the visa procedure.

You are entitled to participate in the integration course. When issuing the residence permit, the immigration authority shall at the same time determine of its own motion whether there is a right to participate in an integration course. If this is the case, it will provide you with a authorization certificate. At the same time, you will also receive a list of course holders in your area, where you can register by presenting your authorization certificate.

A residence permit may be issued to you if you

  • have had a residence permit for five years,
  • can secure the livelihood for yourself and your family (community of needs) from their own income without benefiting from public benefits,
  • have paid contributions to the statutory pension scheme or to another pension scheme with comparable benefits for at least 30 months;
  • Your stay does not endanger or affect the interests of the Federal Republic of Germany,
  • may engage in an activity and have all the necessary permits to do so,
  • have sufficient knowledge of the German language (level B1),
  • have basic knowledge of the legal and social order and living conditions in the Federal Republic of Germany, and

have sufficient living space for yourself and your family.

How do I apply for a residence permit in the event of subsidiary protection?

You usually have to apply for your residence permit in person

  • Arrange a preliminary meeting with the local immigration authority. You can also find out about the procedure of the application and which documents you have to submit and in what form on the respective website of the immigration authority.
  • Your fingerprints will be taken during your appointment.

If your application is granted, the immigration authority instructs the Federal Printing Office to produce the electronic residence permit. The residence permit is in the form of a cheque card with additional electronic functions.

For the duration of the procedure until the residence permit is issued, please contact the competent immigration authority.

Contact the immigration authority.

  • A prerequisite for the granting of a residence permit is the final recognition of subsidiary protection by the Federal Office for Migration and Refugees
  • Existence of an application for a residence permit
  • There must be no grounds for refusal.
  • Decision of the Federal Office for Migration and Refugees on recognition as a subsidiary beneficiary
  • current biometric photo
  • Proof of identity, if available e.B. passport, ID card, birth certificate, marriage certificate, citizenship card

You are exempt from the fee for issuing a residence permit.

Validity of the residence permit for 1 year,

important note: Request the renewal in good time before the expiry of the validity

As a rule, when applying for a residence permit, you are informed by the competent immigration authority of the duration of the procedure (approximately 6 to 8 weeks).

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

Section 25 (2) Sentence 1 2. Alt. AufenthG

Section 4 (1) AsylG

Section 12a AufenthG

Section 9 AufenthG

Section 26 AufenthG

Section 52 (3) OntheThV

Section 36a AufenthG

Section 44 AufenthG

Section 78 AufenthG

Section 78a AufenthG

Residence lawResidence Ordinance

Receive from your local immigration authority

Online procedure possible: no

Personal appearance required: yes

As a recognised subsidiary guardian, you will not be issued a travel card for refugees.

You can be issued a travel card for foreigners on request if you cannot be expected to obtain a national passport. A person entitled to subsidiary protection is not per se unreasonable to have a preliminary meeting with the national authorities in order to obtain a national passport.

The text was automatically translated based on the German content.

Saxon Ministry of the Interior

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