Eligibility Quiz
Application Process
You access this pathway after the Federal Office for Migration and Refugees (BAMF) has determined that a deportation ban applies to you under § 60 Abs. 5 or 7 of the Residence Act. The BAMF makes this determination automatically when rejecting your asylum application—you do not need to file a separate application for the deportation ban itself. Once that ban is established and becomes legally valid, you then apply for the residence permit at your local Foreigners' Authority.
Step 1: File Your Asylum Application with BAMF
Submit your asylum application to the BAMF. You can do this at any BAMF office or reception center in Germany. Find your nearest BAMF office here. During this process, you will receive an asylum seeker registration certificate (Aufenthaltsgestattung), which allows you to remain in Germany while your case is being decided.
Step 2: Await BAMF Decision
The BAMF reviews your asylum claim. If your application for refugee status or subsidiary protection is rejected, the BAMF automatically assesses whether a deportation ban under § 60 Abs. 5 or 7 applies. This assessment happens as part of the same decision—no separate application is needed.
§ 60 Abs. 5 applies if deportation would violate the European Convention on Human Rights (particularly the prohibition on torture or inhuman treatment).
§ 60 Abs. 7 applies if there is a concrete and substantial danger to your life, limb, or freedom in your home country, or if you have a life-threatening or severe illness that would substantially worsen through deportation.
Step 3: Receive BAMF Decision Notice
You will receive an official written decision (Bescheid) from the BAMF. If a deportation ban has been established, this notice will state this clearly. Keep this document—you will need it to apply for the residence permit.
If you disagree with the BAMF's decision, you have 2 weeks to file an appeal with the administrative court. If you do not appeal within this period, the decision becomes legally valid.
Step 4: Wait for Decision to Become Legally Valid
The BAMF decision becomes legally valid when:
- The 2-week appeal deadline expires without you filing an appeal, OR
- You file an appeal and the court concludes the proceedings
During this waiting period, you retain your asylum seeker registration certificate. If your asylum application was rejected but a deportation ban was established, you may be granted toleration status (Duldung) while the residence permit application is being processed.
Step 5: Gather Required Documents
Once the BAMF decision is legally valid, collect the following documents:
- Original application form (not a photocopy)—contact your local Foreigners' Authority (Ausländerbehörde) to obtain the correct form, typically titled "Antrag auf Erteilung/Verlängerung einer befristeten Aufenthaltserlaubnis"
- Official BAMF notice establishing the deportation ban (copy is acceptable)
- Original identity documents if available—passport or travel document (not photocopies)
- Biometric passport photo (4×6 cm)—for children under age six, a current biometric photo is required
- Proof that the BAMF decision is legally valid—typically the BAMF notice itself, or a court decision if you appealed
Step 6: Contact Your Local Foreigners' Authority
Identify your local Foreigners' Authority based on where you are registered (Meldeadresse). Use this search tool to find your office. Most authorities require you to book an appointment in advance. Contact them by phone or through their online appointment system.
Step 7: Submit Your Application
You have two options:
In Person: Attend your appointment at the Foreigners' Authority with all required documents. Bring originals and photocopies of each document. The staff will verify your documents and submit your application.
By Post: Mail your completed application form and all supporting documents to your local Foreigners' Authority. Include a cover letter stating that you are applying for a residence permit under § 25 Abs. 3 AufenthG based on an established deportation ban. Keep copies of everything you send and consider using registered mail with tracking.
Step 8: Foreigners' Authority Reviews Your Application
The Foreigners' Authority receives information from the BAMF automatically when your decision becomes legally valid. They will review your application to confirm:
- The deportation ban is properly established
- You meet all eligibility requirements (no security threat, no serious crimes, cooperation with authorities)
- No safe third country is available to you
- All required documents are complete
If documents are missing, they will contact you to request them.
Step 9: Receive Residence Permit Decision
The Foreigners' Authority will issue a written decision. If approved, you will receive your electronic residence card (eAT – elektronischer Aufenthaltstitel). This card is your official residence permit and proof of legal status in Germany.
If denied, the decision letter will explain the reasons. You have the right to appeal this decision to the administrative court within 2 weeks.
Step 10: Collect Your Residence Permit Card
Once approved, you will be notified when your electronic residence card is ready for collection. You must collect it in person at the Foreigners' Authority. Bring your passport or travel document. The card is typically ready within 1–2 weeks after the decision is issued.
Fees
| Item | Cost |
|---|---|
| Initial residence permit (adults) | €100 |
| Initial residence permit (minors) | €50 |
| Extension of residence permit (adults) | €93 |
| Extension of residence permit (minors) | €46.50 |
Total estimate for initial issuance: €100 (adults) or €50 (minors). Extensions cost €93 (adults) or €46.50 (minors) every 1–3 years.
This estimate does not include: certified translations of foreign documents, apostille certification, legal consultation fees, travel costs to the Foreigners' Authority, or medical certificates (if required for health-based deportation bans).
Fee waiver: If you receive unemployment benefit II (Arbeitslosengeld II) from the Jobcenter or social assistance (Sozialhilfe) under Social Code XII, you may be eligible for a fee waiver. Submit a current benefits letter (Leistungsbescheid) with your application.
Processing Time
BAMF Asylum Decision
The BAMF typically issues an initial decision on your asylum application within 3–6 months of your application, though complex cases may take longer. As of November 2024, approximately 130,909 appeals against BAMF decisions were pending, with an average appeal process duration of 16.7 months, suggesting potential delays if you appeal.
Legal Validity of BAMF Decision
Once the BAMF issues its decision, it becomes legally valid when:
- The 2-week appeal deadline expires (if you do not appeal), OR
- An appeal is concluded by the administrative court (typically 12–18 months after filing an appeal)
Foreigners' Authority Processing
The Foreigners' Authority typically processes residence permit applications within 6–8 weeks from submission. However, processing times vary significantly by jurisdiction and individual circumstances:
- Straightforward cases (complete documentation, no complications): 4–6 weeks
- Complex cases (health-based bans requiring medical review, incomplete documentation): 8–12 weeks or longer
- High-workload jurisdictions: May exceed 12 weeks
Extension Processing
Extensions typically take 6–8 weeks from application submission. Begin the extension process 2–3 months before your current permit expires to avoid gaps in legal status.
Document Validity Periods
- BAMF decision notice: Valid indefinitely once legally valid
- Residence permit: Initially issued for at least 1 year; extensions are granted for up to 3 years at a time
- Medical certificates (for health-based bans): Must be current; typically valid for 1 year, though some authorities may request updates more frequently
- Biometric passport photos: Valid for 10 years but should be recent (typically no more than 6 months old)
Overall Timeline from Asylum Application to Residence Permit
- Best case (no appeal, complete documentation): 5–7 months
- Typical case (no appeal, minor document requests): 7–10 months
- Delayed case (appeal filed, complex circumstances): 18–24 months or longer