With which residence permits can you not travel to your home country?
Generally speaking, you can travel anywhere in the world with a German Residence permit . However, there are differences when it comes to traveling to your home country and many refugees who have come to Germany and obtained a Residence permit ask themselves whether traveling to their home country is really permitted. There are two humanitarian Residence permit cases where travel to the home country is not permitted. These are Residence permit asylum = Section 25 (1) AufenthG and Residence permit refugee status = Section 25 (2) sentence 1 alternative 1 AufenthG (Section 3 AsylG)
Residence permit according to § 25 Abs 1 AufenthG
The Residence permit in accordance with Section 25 (1) AufenthG stipulates that a foreigner receives a residence permit if they are recognized as a person entitled to asylum. Recognition as a person entitled to asylum is linked to certain reasons that must be present. Less than 1% of refugees in Germany have this Residence permit .
The background to this is that the Residence permit is only issued if you enter Germany directly by plane from your country of origin. If you travel to your home country and have such a Residence permit, you are in breach of Section 73 of the Asylum Act. This paragraph provides for the revocation of the recognition of your residence permit in such cases. In this case, you will lose your Residence permit and jeopardize your legal residence in Germany.
Residence permit Refugee status
As with Residence permit in accordance with Section 25 (1), the title of Residence permit refugee status (Section 25 (2) sentence 1 alternative 1 AufenthG Section 3 AsylG) is also linked to certain characteristics. These include race, gender, religion, political conviction or membership of a particular group.
If you have Residence permit refugee status, then you have such grounds and have therefore been recognized as a refugee. If you travel from Germany to your home country, you face exactly the same problem as with Residence permit asylum in accordance with Section 25 (1) AufenthG.
Why you cannot leave the country with these titles
From Germany's point of view as the receiving country, you voluntarily return to your home country in both of the above cases and violate Section 73 of the Asylum Act. Your Residence permit will be revoked and, in the worst case, you will not be able to return to Germany. With both residence permits, you are not even allowed to travel to your home country for vacation purposes. In this case, German law assumes that you are no longer being persecuted and your Residence permit will be revoked.
Which Residence permit can I use to travel to my country of origin?
With the exception of the two Residence permit mentioned above, we believe that you can travel to your home country with any Residence permit . Nevertheless, even in these cases, you should take important precautions to protect yourself and avoid an unpleasant situation and, in the worst case, losing your title.
Travel to Naturalization in the home country
After the Naturalization we believe that you can travel to your home country 100 percent without your German citizenship being revoked. However, we cannot rule out the possibility that political changes in Germany could lead to difficulties. You should be particularly careful if you previously held a residence permit for refugee status in accordance with Section 25 (2) Sentence 1 Alt. 1 of the Residence Act or the residence title asylum according to § 25 para. 1 of the Residence Act.
In this case, we strongly recommend that you obtain written confirmation from the BAMF and Foreigners' office before traveling to your former home country or visiting the embassy of your former home country that your German citizenship will not be revoked during your trip or visit to the embassy.
Travel with Settlement permit to the country of origin
From our point of view, you may also travel to your home country with Settlement permit . There is very contradictory information on this. If you are in possession of a Settlement permit, you have no right of residence on humanitarian grounds.
Instead, you are in possession of a permanent residence permit that is no longer tied to a specific purpose. Nevertheless, there are currently an increasing number of cases in which the BAMF is revoking the humanitarian residence permit for a trip to the home country. It is currently unclear what effect the revocation of your asylum residence permit will have on Settlement permit .
Even with Settlement permit , we strongly recommend that you obtain written confirmation from Foreigners' office and the BAMF that you are permitted to travel to your home country with Settlement permit (Section 26 (3) AufenthG). If you do not have written assurance, it is possible that your humanitarian residence status (asylum § 25 Para. 1 or refugee status according to § 25 Para. 2 Sentence 1 Alt. 1 AufenthG) is withdrawn. As it is not clear whether your Settlement permit will be withdrawn in such a case, the safest way for you is to provide written assurance.
Travel with subsidiary protection to your home country
In contrast to Residence permit with refugee status (§ 25 Para. 2 Alt. 1 AufenthG) or asylum (§ 25 Para. 1 AufenthG), you can travel to your home country without hesitation if you have subsidiary protection. If you have a Settlement permit (§ 26 Para. 4 AufenthG), you may travel to your home country. In this case, travel to your home country will only fail if you do not have a valid national passport from your home country or a valid gray passport substitute.
We are convinced that the easiest way in such a case, if the requirements are met, is always to apply for the Naturalization. With a German national passport, you can travel to any country in the world and also save yourself the stress of dealing with Foreigners' office and the BAMF.
Difficulties visiting the embassy
Visiting the embassy in your home country can also be a real problem, depending on Residence permit . The legal background is that you are in your country of origin when you enter the embassy. This can also be considered a reason for you to waive your humanitarian protection in accordance with Section 73 of the Asylum Act and voluntarily enter your home country.
For some documents you have to visit the embassy of your home country. For this reason, there are some exceptions. These exceptions include, for example, applying for a national passport, birth certificate, identity card or proof of nationality. In some cases, you are also obliged to do so.
In these cases, German case law stipulates that a visit to the embassy is legal. Before visiting the embassy, always obtain an assurance from Foreigners' office and the BAMF that you are allowed or required to visit the embassy of your home country in Germany.
Visit to the embassy after Naturalization
In our opinion, you should not have any difficulties visiting your former embassy if you have a German national passport. In this case, you will generally no longer have to visit your embassy as you are a German citizen.
Visit to the embassy with Settlement permit (Section 26 (3) AufenthG)
With a Settlement permit We are convinced that a visit to the embassy of your home country is just as legal as a trip to your home country. Nevertheless, there is the problem that if you visit the embassy without any connection to the documents mentioned above, you may get into difficulties and your humanitarian residence (§ 25 para. 1 or § 25 para. 2 sentence 1 alt. 1 AufenthG) may be withdrawn and this may have an impact on your Settlement permit .
For this reason, we recommend that you obtain confirmation from the BAMF and Foreigners' office that your original asylum status will not be revoked. However, it is even more important that a revocation of your former asylum status has no negative impact on Settlement permit when you visit the embassy.
Visiting the embassy with other residence permits
With all other residence permits, visiting the embassy of your home country is completely unproblematic. We would like to give you a few examples Residence permit with which you can visit your embassy at any time:
- § Section 16a Residence Act
- § Section 16b AufenthG
- § Section 16d Residence Act
- § 18a AufenthG
- § Section 18b AufenthG
- § Section 19c AufenthG
- § Section 19d AufenthG
- § 21 Residence Act
- § 22 Residence Act
- § 25 para. 1 sentence 1 alt. 2 AufenthG (= subsidiary protection)
- § Section 25 (3) AufenthG (= prohibition of deportation)
- § Section 25 (5) AufenthG
- § Section 25a AufenthG
- § Section 25b AufenthG
- § Section 28 Residence Act
- § 30 - 34 Residence Act
- § Section 104c Residence Act
When do I get German citizenship?
What are the reasons for traveling to the country of origin?
Family reasons
One of the most common reasons why refugees want to travel to their country of origin with Residence permit is for family reasons. Be it the death of a close family member, the care of a close family member, the death of an acquaintance, divorce or a wedding. Reasons can also include the plight of relatives, homesickness or a long separation from family members.
Financial and other personal reasons
Financial matters often need to be clarified in the country of origin. Such cases may include the clarification of inheritance matters or the sale of real estate. However, this also includes other financial matters relating to family or acquaintances that can only be clarified in the home country.
What are the advantages of traveling to your home country?
The journey to the country of origin has various advantages for refugees with Residence permit and also plays a very important role in integration. On the way to Settlement permit or Naturalization , the respective person is confronted with difficulties and problems. This makes contact with relatives all the more important.
Cultural connection
By traveling to their country of origin, foreigners with Residence permit in Germany maintain cultural ties to their home country. This connection can be lost due to wars or financial difficulties. Home is far away and it can easily happen that you lose your connection to your homeland.
Opportunity to see family and close friends
War or financial problems can be reasons why refugees have not seen their family or close friends for a long time. The need to see one's own family is important and also has a decisive effect on a refugee's mental state. A stay in the home country can have a correspondingly positive effect on refugees.
Strengthening your own identity
A visit to the country of origin strengthens the refugee's identity and thus their sense of home. This also has a positive effect, which can ultimately be seen in everyday life and can be a help, especially in difficult situations when many things are unclear.
Conclusion
As you can see, the legal situation when traveling to your home country is very complicated with the 2 residence permits mentioned. However, the problem only exists with these two residence permits! Here are the most important facts again:
A summary of the facts
1. with asylum (Sec. 25 (1) AufenthG) you are not allowed to travel to your home country.
2 With refugee status (§ 25 Para. 1 Sentence 1 Alt. 1 AufenthG (3 AsylG), you are not allowed to travel to your home country.
3. with all other residence permits you may travel to your home country at any time!
4. always obtain written confirmation from the BAMF and Foreigners' office that you are allowed to travel to your home country or visit the embassy if you:
a) currently § 25 para. 1 AufenthG have
b) Currently § 25 para. 2 sentence 1 Alt. 1 AufenthG (3 AsylG) have
c) If you have the Settlement permit (§ 26 Para. 3 AufenthG), but before the Settlement permit § 25 Para. 1 AufenthG or § 25 Para. 1 Sentence 1 Alt. 1 AufenthG.
d) If you have German citizenship but were previously resident in Germany under Sec. 25 (1) AufenthG or Sec. 25 (2) Sentence 1 Alt. 1 AufenthG.
If you adhere to these points, you can never have your temporary or permanent Residence permit or Naturalization revoked!
The German National Passport has many advantages. If you want to find out more about the attractions of the German passport and which countries you can enter visa-free with the national passport, read the following blog post.
Do you still have questions?
FAQ - Most important questions and answers about traveling to your home country
You cannot travel to your home country with the humanitarian residence permits according to § 25. para. 1 (asylum) and § 25. para. 1 (refugee status)
You can generally travel to your home country with Naturalization , but it is still advisable to obtain confirmation from the BAMF and Foreigners' office .
With the Settlement permit you can generally travel to your home country. However, you may have your humanitarian residence status revoked if you do not obtain a visa from the BAMF and Foreigners' office . This may have an impact on your Settlement permit .
You cannot travel to your home country with subsidiary protection status and a blue card. The home country will reject you if you are not in possession of a gray passport or a national passport/Naturalization .
With a humanitarian Residence permit in accordance with § 25 AufenthG, you cannot visit the embassy of your home country except for appointments for documents.
Your humanitarian Residence permit according to § 25 AufenthG is linked to reasons. If you travel to your home country, you are in breach of Section 73 of the Asylum Act, as you are voluntarily returning to the country you fled to
