Residence permit according to establishment of deportation ban
General information
The Federal Office for Migration and Refugees can establish what are known as 'deportation bans' during an asylum procedure. This means that although your asylum application was rejected, you cannot be deported to your home country. In these cases, a relevant Foreigners' Authority issues a residence permit.
Legal basis
§ 25 Section 3 Residence Act
Documents/ forms to be submitted
- Original application form (see below) - not a photocopy
- A copy of the official notice from the Federal Office for Migration and Refugees (only for the first application of the residence permit)
- Original identity documents (if available) - not photocopies
- for children under the age of six: a current biometric passport photo
Process and procedure
You will receive an official notice from the Federal Office for Migration and Refugees in which your asylum application is turned down but a deportation ban is established. Please fill in the application form completely and send it to us by post with the supporting documents required. You can also put the application in the letterbox of the Foreigners' Authority in the Technical Town Hall (Haus B).
Your application for a residence permit can only be processed when the official notice from the Federal Office for Migration and Refugees becomes legally valid. It becomes legally valid if you do not appeal against the decision and the appeal deadline has expired, or if a possible appeal procedure has been legally ended. During this time you keep your Registration certificate for asylum seekers (Aufenthaltsgestattung).
The Foreigners' Authority receives the information from the Federal Office automatically when the official notices becomes legally valid. As your asylum procedure was rejected, you will be given tolerated status by the Foreigners' Authority if necessary, until a decision about your application for a residence permit is made.
You will receive an official notification as soon as a decision about your application for a residence permit has been made.
Costs and fees
Issue
Adults: 100 euros
Minors: 50 euros
Extension
Adults: 93 euros
Minors: 46.50 euros
If you receive benefits from the Jobcenter (unemployment benefit II) or the Social Office (social assistance according to the social security act XII), you may not need to pay the fees. You need to submit your current benefits letter (Leistungsbescheid) for this.
Payment possibilities
- Paying by cash
- Paying by EC card
Paying by credit card is possible.