What is the interest to stay according to § 55 AufenthG?
The interest in remaining in Germany is a central concept in German residence law and plays a decisive role when it comes to foreigners remaining in Germany. But what exactly does this term mean and what requirements must be met? Here we give you a clear overview of the definition and meaning of the interest to remain as well as the most important requirements set out in § 55 AufenthG.
Definition and meaning
The interest in remaining in Germany refers to a foreigner's legitimate interest in remaining in Germany, even if there may be grounds for deportation. In particular, the interest in remaining in Germany is weighted heavily if certain legal requirements are met.
§ Section 55 of the Residence Act specifies the cases in which this interest must be given special consideration, for example in the case of long-term legal residence or family ties in Germany.
The connection with Section 53 AufenthG is also relevant here. While Section 53 lists the general grounds for deportation, Section 55 regulates when the interest in remaining is so strong that it can prevent deportation. Thus, a balance is struck between the state's interest in deportation and the foreigner's interest in remaining.
When weighing up whether the interest in deportation or the interest in remaining in the country prevails, the following provisions of Section 53 (1) and (2) of the Residence Act apply:
Legal text: Section 53 (1) AufenthG: "A foreigner whose stay jeopardizes public security and order, the free democratic basic order or other significant interests of the Federal Republic of Germany shall be expelled if, taking into account all the circumstances of the individual case, the interests in leaving the country outweigh the interests in the foreigner remaining in the federal territory."
Legal text: Section 53 (2) Residence Act: "When weighing up the circumstances of the individual case in accordance with subsection (1), particular account shall be taken of the duration of his or her stay, his or her personal, economic and other ties in the federal territory and in the country of origin or in another country willing to accept him or her, the consequences of expulsion for family members and life partners and the fact whether the foreigner has behaved in accordance with the law."
Requirements for the interest to stay
Certain requirements must be met in order to be able to assert an interest in remaining in Germany in accordance with Section 55 AufenthG. Among other things, there are various options:
- You are in possession of a Settlement permit or a specific residence permit after the interest in remaining in the country has become serious.
In addition, there are special criteria that can further strengthen the interest in staying. These include family ties in Germany, especially if the foreigner lives with a German family member or cares for a minor child. Minority and humanitarian reasons can also significantly strengthen the interest in remaining in Germany.
§ Section 55 AufenthG in detail and comparison with Section 54 AufenthG
It is important to know the relevant sections of the Residence Act in order to correctly understand and enforce the interest in remaining in Germany within the meaning of Section 53 of the Residence Act. These paragraphs form the legal basis for your rights and obligations in the context of your stay in Germany. Let us now take a closer look at the individual paragraphs of Section 55 AufenthG and how they are to be interpreted in the context of the interest to stay.
§ Section 55 AufenthG in detail
Section 55 AufenthG is central for those who wish to assert their interest in remaining in Germany. The section is divided into several paragraphs, each of which regulates different aspects of the interest in remaining in Germany. Here is a brief overview:
§ Section 55 (1) AufenthG: The interest in remaining within the meaning of Section 53 (1) weighs particularly heavily in the following examples:
Legal text: "If the foreigner
- has a Settlement permit and has resided legally in Germany for at least five years.
- has a residence permit and was born in the federal territory or entered the federal territory as a minor and has legally resided in the federal territory for at least five years.
- has a residence permit, has resided legally in the federal territory for at least five years and lives in a marital or civil partnership with one of the foreigners referred to in numbers 1 and 2
- Lives with a German family member or partner in a family or civil partnership, exercises his or her right of custody for a minor unmarried German or his or her right of access to him or her, or
- holds a residence permit in accordance with Section 23 (4), Sections 24, 25 (4a) sentence 3 or Section 29 (2) or (4)."
§ Section 55 (2) AufenthG: This deals with special cases in which the interest in staying is particularly serious, for example if there are family ties to German nationals or if there are special humanitarian reasons.
§ Section 55 (3) AufenthG: This paragraph regulates whether stays under Section 81 (3) sentence 1 and (4) sentence 1 AufenthG are considered lawful and the interest in remaining can apply.
Comparison with § 54 AufenthG (interest in deportation)
While Section 55 AufenthG protects the interest to stay, Section 54 AufenthG regulates the state's interest to deport. It is important to understand both sections, as they often have to be weighed against each other.
When does the interest in deportation weigh more heavily?
- § Section 54 AufenthG lists the reasons when the interest in deportation is particularly serious. These include serious criminal offenses, threats to public safety or violations of the free democratic basic order.
- In such cases, it must be examined whether the interest in remaining in the country in accordance with Section 55 AufenthG is sufficiently strong to prevent deportation. This is often a question of the individual case and requires careful consideration by the competent authorities.
- If the interest in deportation applies, certain requirements apply in accordance with Section 56 (1), (2) and (3) AufenthG which you must adhere to .
Practical application of the interest to remain
The interest in remaining is not just a theoretical concept, but must be actively proven and documented in practice in order to be effective in cases of imminent deportation. In this section, you will find out what evidence is required and how the authorities and courts examine it.
Evidence and documentation
In order to successfully assert your interest in remaining in Germany in accordance with Section 55 AufenthG, it is crucial that you carefully prepare all relevant evidence and documents. These serve as evidence that your interest in remaining in Germany is particularly important.
Important documents and evidence:
Settlement permitA copy of your Settlement permit, which proves that you meet the basic requirements.
Registration certificate: Proof of your uninterrupted residence in Germany, especially if this has already existed for several years.
Marital status: Documents such as marriage certificates, birth certificates of your children or proof of an existing civil partnership with a German citizen.
School or work certificates: Proof of your integration into society, such as your children's school reports, employment contracts or study certificates.
Humanitarian reasons: Medical reports or certificates stating special health circumstances or other humanitarian reasons.
Social ties: Evidence of voluntary work, memberships in associations or religious communities that show your roots in Germany.
Role of the authorities and courts
It is not up to you to decide whether you have an interest in remaining in Germany - it is the competent authorities and courts that ultimately decide on your right to remain in Germany in accordance with Section 55 AufenthG. These authorities have a certain amount of discretion, which they use depending on the individual case.
As a rule, Foreigners' office is the first instance to check whether your interest in staying meets the criteria of Section 55 AufenthG. It assesses whether the evidence and documents submitted are sufficient to prevent deportation.
If the Foreigners' office rejects your application, you can take legal action against this decision. This is where the administrative courts come into play, which will examine your arguments and evidence again independently and decide whether the interest in staying outweighs the interest in deportation.
Discretionary scope:
The authorities have a margin of discretion when making their decision, which allows them to take into account the specific circumstances of your case. This means that they can take into account not only the legal situation, but also your individual situation - such as family ties or humanitarian reasons - in their decision.
We have compiled another table of the authorities' decision-making powers for you here:
Authority | Responsibility | Discretionary scope |
|---|---|---|
Foreigners' office | Examination and decision on Residence permit | Approval or rejection of residence permits and tolerated stay permits |
BAMF | Decision on asylum and protection applications | Consideration of humanitarian reasons, especially in cases of hardship |
Administrative courts | Review of decisions by the authorities | Weighing up the interests of expulsion and residence in individual cases |
Frequent challenges with Section 55 AufenthG
Asserting an interest in remaining in Germany in accordance with Section 55 AufenthG can present many challenges. Errors and uncertainties often occur, especially when it comes to the application and legal enforcement. In this section, you will find out what sources of error there are and how you can avoid them.
Errors in the application
It is easy to make mistakes when applying for a residence permit, which can significantly reduce your chances of a positive decision. However, some of these mistakes can be avoided with careful preparation and attention.
Frequent sources of error:
Incomplete documentation: One of the most common mistakes is the incomplete submission of documents. It is important to include all relevant evidence to fully demonstrate your interest in staying.
Missing translations: If you submit documents in a foreign language, they usually have to be translated into German. Make sure that all translations have been done by a sworn translator.
Incorrect or outdated information: Make sure that all information in your application is current and correct. Incorrect information or old documents can lead to rejection.
Failure to meet deadlines: Don't miss any deadlines! It is crucial that you submit all documents on time and respond quickly to requests from the authorities.
How to avoid mistakes:
Use a checklist: Create a checklist with all the necessary documents and steps. This will ensure that you don't forget anything.
Obtain legal advice: Use the support of a lawyer who specializes in residence law. They can help you to prepare your application correctly and completely.
Keep an eye on deadlines: Mark important deadlines in your calendar and plan enough time to collect and submit all documents.
Dealing with legal uncertainties
Even with careful preparation, it is possible that your application for recognition of your interest in staying may be rejected. However, this is not the end of your procedure. There are various ways in which you can take legal action against this.
Possibilities of legal enforcement:
Appeal: The first step after a rejection is often an appeal. Here you have the opportunity to present your arguments again and point out any errors in the decision.
Appeal to the administrative court: If the appeal is unsuccessful, you can file an appeal with the administrative court. This gives you the opportunity to have the decision reviewed by a higher court.
Provisional legal protection: In cases where there is an immediate danger, such as an impending deportation, a temporary injunction can be applied for in accordance with Section 80 (5) VwGo (Administrative Court Code) to prevent the deportation until final clarification .
Do you have any questions?
Conclusion on the interest to stay according to § 55 AufenthG
As you can see at Blog , the interest in remaining in Germany under Section 55 AufenthG is a key instrument for securing your stay in Germany, especially if there are grounds for deportation. Here we have summarized the key aspects for you once again and looked at the significance for lawful residence.
Summary of the most important points
Meet the requirements: Make sure you meet the conditions set out in the law.
The requirements under Section 55 AufenthG vary from case to case. The following cases exist:
- Settlement permit with 5 years legal residence
- Marriage or civil partnership with a German citizen
- You have custody of a minor child who is legally living in Germany or you are a minor child and your parents are legally living in Germany
- You are a minor, have a Residence permit and have lived in Germany for 5 years
- You have a residence permit in accordance with Section 23 (4), Sections 24, 25 (4a) sentence 3 or Section 29 (2) or (4) AufenthG.
Documentation is crucial: Prepare all relevant evidence carefully in order to convincingly demonstrate your interest in staying.
Use legal support: If you are unsure, consult a lawyer to avoid mistakes and maximize your chances.
Significance of Section 55 AufenthG for lawful residence
§ Section 55 AufenthG provides you with a strong basis for securing your long-term legal residence in Germany. Particularly in complex cases in which the interest in deportation plays a role, the interest in remaining can make the decisive difference. In the long term, recognition of your interest in remaining in Germany enables you to shape your future in Germany in a stable and secure manner.
FAQ - The most important questions about § 55 AufenthG
§ Section 55 of the Residence Act describes the interest of foreigners in remaining in Germany, which is particularly important if certain legal requirements are met, such as many years of legal residence or family ties in Germany. This interest can be a strong argument against the threat of deportation.
The decision on the interest in remaining in the country in accordance with Section 55 AufenthG is generally made by the competent authority Foreigners' office. In disputed cases, administrative courts can be called in to review the decision.
The interest in remaining in Germany is supported by various factors, including Settlement permit, long-term legal residence, family ties to German nationals, humanitarian reasons and special integration achievements.
Family ties play a central role in the interest to stay. In particular, if you live with a German citizen or a family member living in Germany, your interest in remaining in Germany is considered particularly worthy of protection.
If your interest in staying is rejected, you can lodge an appeal against the decision or bring an action before the administrative court. In urgent cases, you can also apply for a temporary injunction to temporarily stop an expulsion.
Yes, there are exceptions for particularly vulnerable people such as minors, seriously ill people or people with special humanitarian reasons. In such cases, the interest in remaining is often classified as particularly serious.
The interest in remaining is generally valid as long as the conditions are met, such as an existing Settlement permit or family ties. However, if circumstances change, a reassessment may be necessary.
