German Immigration Law: The different international-law, humanitarian or political reasons to get a residence title in Germany.

The German Immigration Act contains many provisions on the entry of foreigners into Germany on international-law, humanitarian or political reasons.

A foreigner may be granted a temporary residence title (Aufenthaltserlaubnis), if the foreigner has been incontestably recognized as being entitled to asylum or incontestably granted refugee status by the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge).

The deportation of foreigners to countries where they may face torture or other cruel, inhuman or degrading treatment is forbidden under German law. The foreigner may therefore be granted a temporary residence title (Aufenthaltserlaubnis).

The foreigner may be granted a temporary residence title, if other barriers to the deportation of the foreigner exist (e. g. if the departure is impossible because of legal or other factual reasons).

A foreigner living abroad may be granted a temporary residence title to come to Germany, if international law or urgent humanitarian reasons exist and the German Federal Ministry of the Interior (Innenministerium) has declared the admission of the foreigner necessary because of political reasons.

Moreover, a foreigner may be granted a temporary residence title (Aufenthaltserlaubnis), if the competent Supreme Federal State Authority (oberste Landesbehörde) has declared the admission of the foreigner necessary because of international law, humanitarian or political reasons.

Please note that the German Immigration Act generally differentiates between three different kinds of residence titles:

– The German Visa (Visum)

– The German temporary residence permit (Aufenthaltserlaubnis)

– The German permanent residence permit (Niederlassungserlaubnis)

German_Residence_TitlesPlease find below a list of the international-law, humanitarian or political reasons to get a residence title in Germany according to the German Immigration Act:

– Temporary Residence permit for admission from abroad granted by the Federal Ministry of the Interior, section 22 sentence 2 of the German Immigration Act.

– Temporary Residence permit for admission from abroad granted by the competent Supreme Federal State Authority, section 23 Section 1 Sentence 1 of the German Immigration Act.

– Temporary Residence permit granted in special cases, section 23 Section 2 of the German Immigration Act.

– Permanent residence permit granted by the competent Supreme Federal State Authority, section 23 Section 2 Sentence 1 of the German Immigration Act.

– Temporary Residence permit granted in cases of hardship, section 23a para 1 sentence 1 of the German Immigration Act.

– Temporary Residence permit granted for temporary protection, section 24 para 1 of the German Immigration Act.

– Temporary Residence permit for foreigners who are incontestably recognized as persons entitled to asylum, section 25 Section 1 Sentence 1 of the German Immigration Act.

– Temporary Residence permit for foreigners who are incontestably recognized as persons entitled to refugee status by the Federal Office for Migration and Refugees (BAMF), section 25 Section 2 Sentence 1 of the German Immigration Act.

– Temporary Residence permit if a prohibition of deportation according to section 60 para 2, 3, 5 or 7 of the German Immigration Act exists, section 25 para 3 sentence 1 of the German Immigration Act.

– Temporary Residence permit granted because of urgent personal reasons, humanitarian reasons or because of vital public interests, section 25 para 4 sentence 1 of the German Immigration Act.

– Extension of an existing Temporary Residence permit in cases of hardship, section 25 para 4 sentence 2 of the German Immigration Act.

– Temporary Residence permit for victims of human trafficking, section 25 para 4a sentence 1 of the German Immigration Act.

– Temporary Residence permit for foreigners whose departure is impossible because of legal or other factual reasons, section 25 paragraph 5 of the German Immigration Act.

– Temporary Residence permit for foreigners whose deportation is suspended for 18 months, section 25 para 5 sentence 2 of the German Immigration Act.

– Temporary Residence permit for well integrated youth/adolescents, section 25a para 1 of the German Immigration Act.

– Temporary Residence permit for parents of well integrated youth/adolescents, section 25a para 2 sentence 1 of the German Immigration Act.

– Temporary Residence permit for siblings of well-integrated youth/adolescents, section 25a para 2, Sentence 2 of the German Immigration Act.

– Permanent Residence permit for asylum seekers and convention refugees in possession of a temporary residence permit pursuant to section 25 para 1 or 2 of the last 3 years, section 26 para 3 of the German Immigration Act.

– Permanent Residence permit  for foreigners holding a temporary residence permit because of international-law, humanitarian or political reasons for more than 7 years, section 26 para 4 sentence 1 of the German Immigration Act.

– Temporary Residence permit in order to conduct the asylum procedure, section 55 para 1 Sentence 1 AsylVfG.

– Probationary Temporary Rsidence permit, section 104a para 1 sentence 1 of the German Immigration Act.

– Temporary Residence permit for tolerated foreigners, section 23 para 1 sentence 1 in conjunction with section 104a para 1 sentence 2 of the German Immigration Act.

– Temporary Residence permit for adult children of tolerated foreigners, section 23 para 1 sentence 1 in conjunction with section 104a para 2 sentence 1 of the German Immigration Act.

– Temporary Residence permit for unaccompanied refugees, section 23 para 1 sentence 1 in conjunction with section 104a para 2 sentence 2 of the German Immigration Act.

– Temporary Residence permit for unmarried well-integrated minor children of tolerated foreigners, section 23 para 1 sentence 1 in conjunction with section 104b of the German Immigration Act.

Important Note: This article has been prepared by mth Tieben & Partner for general information purposes only. Mth Tieben & Partner does not accept any liability to any person or organisation for the use or reliance of the information contained in this article. On any specific matter, kindly contact us by dialing 0221 – 80187670 or sending us an email to info@mth-partner.de

Lawyers in Cologne provide legal advice on German immigration law.

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