National Deportation Ban Residence Permit

Deportation Ban Must Be Established

The foundation of this pathway is a deportation ban determination by the BAMF or a court. You qualify for a residence permit only if one of these conditions applies:

Human Rights Violation (§ 60 Abs. 5 AufenthG): Deportation would violate the European Convention on Human Rights (ECHR), particularly Article 3, which prohibits torture and inhuman or degrading treatment. This means there is a substantial likelihood you would face torture, inhuman treatment, or degrading treatment in your country of origin.

Health or Humanitarian Grounds (§ 60 Abs. 7 AufenthG): There is a concrete and substantial danger to your life, limb, or freedom in the destination country. For health-based bans, you must have a life-threatening or severe illness that would substantially worsen through deportation. General health concerns do not qualify—the illness must be serious enough that returning would pose a genuine threat to your survival or wellbeing.

No Safe Third Country Available

You must have no other country to which you can safely travel or relocate. If the authorities determine that another country can safely receive you, the residence permit will not be issued, even if a deportation ban exists. This is a critical requirement that can block your application even when the ban is established.

No Security Threat

You must not pose a threat to public safety or the security of Germany. The authorities will assess your background and conduct.

Cooperation with Authorities

You must not have repeatedly or grossly violated obligations to cooperate in the asylum proceedings. This means:

• Providing truthful information
• Presenting valid identification documents when requested
• Responding to official requests and summons
• Not misrepresenting your identity or circumstances

Violations of these obligations can result in denial or revocation of your residence permit, even if the deportation ban itself remains in place.

Exclusion Grounds

You will not receive a residence permit if there are serious grounds to believe you have:

• Committed a crime against peace, a war crime, or a crime against humanity
• Committed a serious criminal offense
• Engaged in actions contrary to the objectives and principles of the United Nations Charter
• Posed a danger to public order or security

Important: Even if you fall under these exclusion grounds, the deportation ban itself remains—you cannot be deported to the country at risk. However, you will receive toleration (Duldung) status instead of a residence permit, which does not grant lawful residence and carries far fewer rights.

Typical Access Route: Asylum Rejection

This pathway is typically accessed after your asylum application has been rejected by the BAMF. The BAMF automatically reviews whether a deportation ban applies when rejecting your claim. No separate application for a deportation ban is necessary—it is assessed as part of your asylum procedure. If the BAMF determines a ban exists, you receive an official notice (Bescheid) stating this determination.

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