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A smiling woman with curly hair and a red sweater holds a card representing her subsidiary protection in Germany.

Subsidiary protection: 8 important facts

Eligible for subsidiary protection - What does this mean and how is it decided whether someone is eligible for subsidiary protection or not? How exactly do the authorities in Germany proceed with the assessment for Residence permit and what rights and options do you have as a beneficiary of subsidiary protection? This article provides you with clarity on all questions relating to subsidiary protection status.
Written by:
Valentin Radonici
Journalist
Expertly reviewed by:
Christin Schneider
Expert for Immigration law

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Table of contents

The most important facts in brief

  • Subsidiary protection applies if neither refugee protection nor the right to asylum can be granted.
  • Subsidiary protection means that you are legally allowed to stay in Germany because you are in danger in your home country.
  • Subsidiary protection is granted for the first time for three years.
  • As a beneficiary of subsidiary protection, you are generally entitled to submit an application for a Settlement permit or a Naturalization .

1 What does subsidiary protection mean?

Subsidiary protection is Residence permit according to the Residence Act § 25 para. 2 Alt. 2 AufenthG. The word subsidiary has its background in Latin and means providing assistance or serving as an aid. The holder of subsidiary protection status was therefore dependent on assistance and received a status as protection in order to provide assistance.

The guideline for this is the EU-wide Directive 2011/95/EU from 2011, which is based on the 1951 Geneva Convention on Refugees which was established in 1951.

2 When does someone receive subsidiary protection?

The Residence permit as a person entitled to subsidiary protection according to § 25 para. 2 Alt. 2 AufenthG if you do not have refugee status nor the right to asylum according to § 25 Para. 1 AufenthG comes into question. The prerequisite for this is that you are eligible under Art. 15 of the Directive 2011/95/EU you are at risk of serious harm in your home country. in your home country. This serious harm usually includes the following possibilities:

  1. You are threatened with execution or the death penalty in your home country.
  2. They are at risk of torture, degrading treatment or punishment in their country of origin.
  3. You are facing a threat to your life as a result of an international or internal armed conflict.

What kind of Residence permit is eligible for subsidiary protection?

How the refugee status (§ 25 Para. 2 Alt. 1 AufenthG) oor entitlement to asylum (§ 25 Para. 1 AufenthG) is also subsidiary protection according to § 25 Para. 2 Alt. 2 AufenthG is also under asylum law Residence permit.

This means that before you received the Residence permit as a person entitled to subsidiary protection, you must have applied for asylum in Germany and undergone an asylum procedure. asylum procedure. Here it was checked exactly which case applies to you and with which protection status you can be granted Residence permit in Germany.

The 4 asylum laws Residence permit

In the following table, we have summarized the most important differences between the asylum law Residence permit entitlement to asylum, refugee status, subsidiary protection and prohibition of deportation .

Asylum law Residence permit
Description
Eligibility for asylum
  • Anyone who is politically persecuted upon return to their home country (e.g. due to nationality, race, political conviction) is entitled to asylum.
  • Anyone who has entered Germany via a safe third country is not entitled to asylum
  • Persons entitled to asylum can apply for German citizenship after a legal stay of generally 5 years. The duration of the asylum procedure is taken into account
Refugee status (Section 25 (2) Alternative 1 AufenthG)
  • With refugee status, you will be granted a reason for flight in accordance with § 3 AsylG (persecution on grounds of race, religion, nationality, war). This Residence permit is granted for 3 years
  • Refugees can apply for German citizenship after 5 years of legal residence. The period of the asylum procedure is counted towards this
  • Refugees can obtain a Settlement permit after just 3 years if they can prove that their German language skills are at C1 level
  • Family reunification is easier with Section 25 (2) Alternative 1 than with subsidiary protection if it concerns the nuclear family (wife, child)
  • If you travel to your home country with refugee status, the right to revoke refugee protection pursuant to § 73 AsylG applies and your Residence permit will be withdrawn
Entitled to subsidiary protection (Section 25 (2) Alternative 2 AufenthG)
  • Subsidiary protection is granted if there is a risk according to § 4 AsylG (e.g. risk of torture, persecution, death penalty). The Residence permit is granted for 3 years
  • Family reunification is limited for beneficiaries of subsidiary protection and more difficult than with other residence permits
  • A Naturalization or Settlement permit can be applied for without any problems if the usual requirements are met. Previous periods of asylum are also taken into account
Ban on deportation (Section 25 (3) AufenthG)
  • A national ban on deportation applies if the return to the home country would violate the European Convention on Human Rights
  • The addition "individual endangerment" is issued if there is a serious risk to life or physical integrity in the country of origin
  • If you have a deportation ban, you can easily apply for Settlement permit if you meet all the requirements for this
  • The Naturalization is closed to people with § 25 paragraph 3 AufenthG. If you want to become a German citizen, you must first change to Residence permit
  • Family reunification for spouses and minor children of people with a deportation ban is difficult. A change to Settlement permit is required beforehand

3. how to obtain the Residence permit Subsidiary protection?

This graphic illustrates the steps involved in obtaining subsidiary protection in Germany - from the application for asylum to the decision on recognition or rejection. It also shows the options in the event of a positive or negative decision.
The graphic explains the process for obtaining subsidiary protection in Germany - from the application to the decision and the options in the event of recognition or rejection.
Since February 27, 2024, beneficiaries of subsidiary protection in Germany can receive a Residence permit for up to three years, instead of just one year as before. This change offers more security and scope for planning, as you do not have to apply for an extension every year. Use this time to integrate better in Germany and shape your future!
Christin Schneider
Expert in Immigration law

4 How long does subsidiary protection apply?

This Residence permit is valid for the first time for 3 years. When granting the extension in accordance with § 26 para. 1 AufenthG this is also extended by 3 years.

5. the requirements for the Residence permit Subsidiary protection status

In principle, there is no requirement for asylum seekers to present documents, in order to submit your application. However, if you pieces of evidence in the form of written evidence, cell phone videos or in any other form that clearly shows that you are at risk according to § 4 AsylG, then this is useful.

It is important that you explain your individual circumstances and provide evidence of your reasons for fleeing. In addition to your personal details, you must describe your escape route in detail and show the negative consequences that you face if you return to your home country. You must back up all your statements with appropriate evidence. Here it is important to focus on § 4 AsylG and no other reasons, for example economic reasons, for example.

The requirements for Residence permit in accordance with § 25 Para. 2 Alt. 2 AufenthG are:

  1. Your application for asylum must be submitted.
  2. If you already have a safe residence permit in another country, Germany is generally not responsible for you. In this case, repatriation to the other country is possible.
  3. If Germany is not responsible and your application is rejected, you have the right to, to appeal against it. If the safe country does not accept you after 6 months, Germany is responsible under Dublin II is still responsible.
  4. The hazards, listed in § 4 AsylG, must be present in your case.
  5. It is importantat the hearing accurately and truthfully answer.

Consultation of the authorities for the examination of subsidiary protection

At the interview with an employee of the Federal Office for Migration you describe your flight history and your situation. You will You will be asked many questions about your biography by the authorities. An interpreter will always be present at this interview.

Here it is important that you provide evidence and arguments for your risk. The more evidence there is that that you you are at risk in your home countrycountry, the better your chances of a positive asylum decision. Always stick to the truth.

Loss of subsidiary protection

If the endangerment according to § 4 AsylG no longer applies to youthen revocation proceedings will be initiated against the BAMF's decision. You will then lose your protection status and therefore your right of residence and can be deported at any time.

Section 4 of the Asylum Act specifies the grounds for such a loss can be.

Such reasons may be: 

  • that you have committed a war crime,
  • a serious criminal offense in Germany,
  • a criminal offense according to which you are considered a danger to the general public or
  • if you pose a danger to the Federal Republic of Germany.

6. benefits from Residence permit Subsidiary protection

The Residence permit with subsidiary protection status has some advantages. These include in particular the Naturalization and, in the long term, opportunities in the labor market.

Advantages in gainful employment

Even if the initial period when looking for a job is not easy due to the initial 3-year duration of the residence permit: With a Residence permit in accordance with § 25 Para. 2 Alt. 2 AufenthG, you are permitted to work.

This means that you can apply for the job advertisement of different professions and have a greater choice choicethan is the case with other residence permits. The chances of finding a job are higher than with other residence permits due to the greater choice.

Advantages for the Naturalization

As a person entitled to subsidiary protection, you are in possession of a residence permit under asylum law. This gives you, just like people with refugee status or people with other residence titles under asylum law, a major advantage over other foreigners. The reason for this advantage lies in the calculation of the duration of residence for Naturalization.

The time of your asylum procedure from the application to the decision on the procedure is taken into account when calculation of your period of residence for the Naturalization is taken into account. This means that Naturalization can work faster for you than if the calculation started when the residence permit was issued.

7. disadvantages from Residence permit Subsidiary protection

The status as a beneficiary of subsidiary protection also has some disadvantages. Here is mainly about traveling to your home country, but also about family reunification and starting work.

Travel to your home country as a beneficiary of subsidiary protection

Your Residence permit is linked to the danger in your home country. If you travel to your home country, your residence permit will be revoked as you are obviously no longer in danger in your home country. It is therefore not advisable to travel to your home country.

Disadvantages when choosing a place of residence

The Residence requirement according to § 12a AufenthG obliges beneficiaries of subsidiary protection to take up residence in the federal state to which they were assigned during the asylum procedure.

Disadvantages of family reunification with subsidiary protection

Family reunification with subsidiary protection is more difficult than with the other residence titles under asylum law. A law passed in 2018 also means that only 1,000 family reunifications per month can take place. This is also stipulated in Section 36a AufenthG stipulated.

Theoretically, family reunification is possible for you. However, due to the strict restrictions, waiting times can be very long. If, as a beneficiary of subsidiary protection, you can demonstrate great integration efforts (learning German, going to work, completing an apprenticeship, etc.), you will be prioritized in the ranking, which will have a positive effect on the examination of your family reunification.

8. Settlement permit or Naturalization as a beneficiary of subsidiary protection

With the Residence permit as a person entitled to subsidiary protection, you have the option of applying for the Settlement permit or also for a Naturalization for a residence permit. For both applications, you must meet certain requirements and prepare the relevant documents.

Application for Settlement permit as a person entitled to subsidiary protection

To obtain a Settlement permit , you must meet certain requirements and submit an application to the responsible Foreigners' office . Find out more about this in our Blog "Subsidiary protection and settlement permit".

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Subsidiary protection and Settlement permit

If you are entitled to subsidiary protection, you can apply for a Settlement permit . In this article, we will tell you everything you need to know about this.

Application for Naturalization as a person entitled to subsidiary protection

The Application for German citizenship is also possible for you with the Residence permit § 25 Para. 2 Alt. 2 AufenthG is generally possible. There are certain things you should bear in mind when applying so that your Naturalization successful. In the following video, we explain how you can become a German citizen if you are entitled to subsidiary protection.

Summary: 8 facts about subsidiary protection

  1. You will be granted subsidiary protection status if you are at risk according to § 4 AsylG.
  2. The Residence permit as a person entitled to subsidiary protection is initially extended for 3 years and then, if necessary, for 2 or 3 years.
  3. Family reunification as a beneficiary of subsidiary protection entails long waiting times. The number of family reunifications per month is limited by law to 1000 per month.
  4. Gainful employment as a beneficiary of subsidiary protection is possible without obstacles.
  5. It is not possible for beneficiaries of subsidiary protection to travel to their home country. If you travel to your home country, you can no longer credibly demonstrate the threat in your home country for which you have been granted subsidiary protection Residence permit .
  6. Both Naturalization and Settlement permit can be applied for without any problems using § 25 Para. 2 Alt. 2 AufenthG can be applied for.
  7. The period of the asylum procedure is taken into account when calculating the length of stay.
  8. In the event of violations of the reasons stated in § 4 AsylG para. 2, revocation proceedings will be initiated and the Residence permit will be withdrawn.

Get help now with all your questions about subsidiary protection

Are you entitled to subsidiary protection and still have questions? Would you like to apply for Settlement permit or Naturalization and are stuck? We will be happy to support you!

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FAQ - Frequently asked questions about subsidiary protection

Subsidiary means providing assistance. Subsidiary protection means protection from a specific threat according to § 4 AsylG. Reasons for this can be danger from torture, the death penalty or an internal or international conflict.

Subsidiary protection is granted to people who have been granted § 4 AsylG listed reasons are at risk in their home country and are therefore seeking protection and have applied for asylum in Germany.

Subsidiary protection is granted by the authorities for the first time for 3 years for the first time. It can then be extended for 3 years (at the discretion of the authorities).

Yes. The Naturalization is possible with this Residence permit . Important: The period of the asylum procedure is taken into account for the duration of residence.

Yes. The Settlement permit can be applied for with § 25 para. 2 Alt. 2 AufenthG can be applied for. The following also applies here: The period of the asylum procedure is included in the duration of residence.

Yes, but you may have to expect very long waiting times. The law stipulates that only 1,000 family reunifications per month. per month. If you are making great efforts to integrate (learning German, working, completing an apprenticeship, etc.), your family reunification may be prioritized.

Yesin principle, it is possible to travel with subsidiary protection. However, you should not travel to your home country. This trip indicates that you are no longer in danger in your home country. As a result, you may lose your Residence permit as a person entitled to subsidiary protection.

Yes. If you violate § 4 para. 2 AsylG a revocation procedure will be initiated against the granting of the residence permit. You will then lose your Residence permit and deportation to your home country can take place at any time. A revocation procedure may also be initiated if the risk for which you were granted subsidiary protection status no longer applies.

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