Meaning and importance of § 25 (3)
In order for you to understand what Residence permit Section 25 (3) of the Residence Act is all about, it is important that you internalize the meaning of this right of residence. This will also make it easier for you to understand the individual features of the ban on deportation.
What does prohibition of deportation mean?
The ban on deportation can be found in Section 25 (3) AufenthG. Deportation means that foreigners must always be afraid that they will have to leave Germany and be deported. With a ban on deportation in accordance with § 25 Para. 3 AufenthG, this fear of deportation is no longer an issue.
You are subject to a ban on deportation. It is therefore not possible for the authorities to ask you to leave Germany. It is important that you adhere to the rules in connection with Section 25 (3) AufenthG and do not violate them.
Importance of the ban on deportation
The ban on deportation is important for people who come to Germany from abroad and are in danger in their home country for a variety of reasons.
This Residence permit therefore has a protective mechanism for you as the holder of this residence permit. The right of residence under Section 25 (3) therefore protects you from dangers that threaten you in your home country.
An important part of Germany's asylum policy is to grant protection in the form of this residence permit to people who are exposed to various dangers in their home country.
In this way, the German state ensures in the form of the residence permit that you are not exposed to any danger and can stay in Germany if you comply with the conditions in conjunction with Section 25 (3) AufenthG.
Naturalization with § 25 para. 3 ?
Why does § 25 para 3 exist?
There are reasons and conditions why you have been granted Section 25 (3) AufenthG as Residence permit . These conditions are closely related to the right of residence prohibition of deportation and the regulations in this regard are very strict.
Protection from torture and inhumane treatment
One reason why you have received a ban on deportation in accordance with Section 25 (3) AufenthG is that you are at risk of torture and inhumane treatment in your home country. This includes, for example, if you were politically active in your home country and there was a coup and you were endangered as a result.
You have had to prove why you would be exposed to inhumane treatment and torture in your home country if you had to return to your home country. Due to this risk, you have been banned from deportation and a life in your home country is not reasonable for you due to the risk of being tortured.
Protection from persecution and terror
Another reason why you have received a ban on deportation is the risk of persecution and terror in your home country. Example: You were politically active in your home country and there was an overthrow with a new government.
You are now demonstrably threatened with persecution and terror by this new government. The decisive factor is that it can be proven that you will be politically persecuted in your home country if you enter the country and that it is impossible for you to live in your country of origin.
Protecting the family
Another reason why you have received a ban on deportation is that the safety of your family and you would be at risk if you were deported to your country of origin.
For these reasons, it would not be reasonable for you to live in your home country and you are therefore in possession of a residence permit that protects you and your family from being exposed to the risk of persecution, death or terror by your home country.
Protection of health
The protection of your health is another reason why you have been given Residence permit Section 25 (3) AufenthG. In this case, your ban on deportation is linked to a health risk that you face if you are deported to your country of origin.
To do this, you must provide medical evidence or other evidence that makes it clear that deportation to your home country is unreasonable for health reasons and that your health is seriously at risk if you return.
Determination, prerequisite and documents for § 25 para 3
There is a clear process and procedure for the granting of § 25 Para. 3 AufenthG. This process starts with the application for asylum and then leads to a residence permit and later to the determination of whether the requirements for Residence permit in accordance with § 25 Para. 3 AufenthG are met in the respective case.
Determination through asylum procedure
When you arrive in Germany, the first thing you have to do is register as an asylum seeker. This is followed by registration and the determination of which reception center you will be accommodated in. This is followed by the application for asylum. After a certain amount of time, a decision is made as to whether or not asylum will be granted.
Examination by the authorities on Section 25 (3) AufenthG
After applying for asylum, you will first receive a residence permit that allows you to stay in the Federal Republic of Germany. The decision on the application is then made by the Federal Office for Migration and Refugees (BAMF).
Depending on the country of origin and individual circumstances, the BAMF examines whether there is a ban on deportation and what type of protection can be granted. It also determines whether the requirements for a ban on deportation in accordance with Section 25 (3) AufenthG are met.
Once the assessment has been completed, the BAMF issues a decision. If the BAMF recognizes an obstacle to deportation, this decision is sent to both the responsible Foreigners' office and the applicant.
It is then the task of the responsible Foreigners' office to issue the corresponding Residence permit based on the BAMF decision. If a ban on deportation is recognized in accordance with Section 25 (3) AufenthG, Foreigners' office will issue a residence permit on this basis.
Conditions for Section 25 (3) AufenthG
There are certain conditions of Section 25 (3) AufenthG that you should not violate.
If you commit crimes that have endangered the general public or the Federal Republic of Germany, then revocation proceedings are quite possible and there is a high risk of losing your Residence permit .
The same applies to cases of war crimes in your home country that subsequently come to light. In this case too, there is a risk of revocation proceedings and withdrawal of the residence permit.
The path from § 25 para. 3 AufenthG to the Settlement permit
In principle, the path from § 25 para. 3 AufenthG to the Settlement permit is possible without any problems. This also applies to any other Residence permit. Only the direct route to Naturalization is not possible with § 25 Para. 3 AufenthG. In general, it can be said that Settlement permit is the best residence permit you can obtain in Germany.
Documents required for the change from prohibition of deportation to Settlement permit
To switch from Section 25 (3) AufenthG to Settlement permit , it is important that you meet all the requirements for Settlement permit . The requirements for Settlement permit are set out in Section 9 AufenthG.
You must have lived in Germany for 5 years to apply for Settlement permit . It is also important that you earn your own living (are financially integrated) and that you have made provisions for your old age. It is also important that you do not have a criminal record.
In addition to these requirements, your cultural integration is also important. You can prove this by successfully completing the "Living in Germany" test and a B1 language certificate. In addition, a valid passport or alternatively a valid passport replacement is required for your identity.
There is good news for you regarding the crediting of the 5 years of legal residence. The period of asylum that you had before you were granted a residence permit under Section 25 (3) AufenthG will be taken into account.
The individual steps from Section 25 (3) AufenthG to the Settlement permit
First of all, check whether you have all the evidence and documents for the Settlement permit together and organize them.
Then fill out the application form for Settlement permit in full and, in the next step, use your documents and the application form to apply for a change from Section 25 (3) AufenthG to Settlement permit. You will now have to wait.
As a final step, you will then be contacted by Foreigners' office to inform you that you will receive the Settlement permit and your new ID document.
Settlement permit with § 25 para 3?
FAQ - The most important questions and answers on Section 25 (3) AufenthG
This is how you get from § 25 para. 3 to Naturalization
For most foreigners, Naturalization is the major goal and the final step towards integration in Germany. With § 25 para. 3, you have to take a small detour to Naturalization , as it does not work directly.
Change from § 25 (3) to another Residence permit
There are Residence permit for which Naturalization is blocked in accordance with Section 10 StAG. This rule also applies to Sec. 25 (3) AufenthG. What does this mean for you: You have to change your Residence permit because the direct route from Sec. 25 (3) AufenthG.
Once the change has been made and you meet the requirements, nothing stands in the way of an application to Naturalization . However, the change is absolutely necessary in order to be able to access Naturalization at all.
Steps after leaving § 25 (3)
We advise our clients to apply for Naturalization at the same time as they apply for Settlement permit , although this is not yet possible in theory. We first apply for the Settlement permit and start the naturalization procedure at the same time.
As soon as the Settlement permit has been issued and you already meet all the requirements for Naturalization , we will submit the Residence permit of Settlement permit and the Naturalization will work. The path from Section 25 (3) AufenthG is therefore not as long as it initially seems.
The steps are therefore quite simple: you need to create the prerequisites for Settlement permit .
It all starts with submitting the application to Settlement permit . At the same time, you organize all other requirements for Naturalization and submit the application for Naturalization at the same time.hen the Settlement permit arrives, the Residence permit is submitted and you wait for the naturalization application to be processed.
In the final step, you will then receive notification from Foreigners' office that your application to Naturalization has been successful and a naturalization appointment will be arranged for you to receive your naturalization certificate.
Requirements and required documents after leaving § 25 para 3
Many of the requirements for Naturalization can already be found in the requirements for Settlement permit.
The requirements for Naturalization are a successful naturalization test, a signed declaration of loyalty, proof of your identity and proof that you and your family are able to support yourselves.
Furthermore, you must prove at least 5 years of legal residence (with the new naturalization law on June 27, 2024).
Working, traveling and family reunification with a ban on deportation
The question of the possibilities with § 25 para. 3 AufenthG always comes up. How does gainful employment, traveling abroad or family reunification work with the ban on deportation? There are different things here that you need to pay close attention to.
How gainful employment works with § 25 para. 3
Section 25 (3) AufenthG generally allows you to work without restriction. The information on gainful employment is also recorded on your Residence permit . There is therefore no obstacle for you to stop working.
It doesn't matter whether you have a temporary or permanent position. Self-employment is also no problem for you. It is also possible for you to look for a job through the employment agency. An employment contract is important to ensure that you meet the requirements for Settlement permit and Naturalization .
Travel with § 25 para 3
With a Residence permit in accordance with § 25 Para. 3 AufenthG, you can move freely within Germany. You can also travel to Schengen states for up to 90 days, provided you have a valid travel document (passport or passport substitute) and your Residence permit with you.
There are no explicit legal bans on traveling to your home country. To avoid misunderstandings and protect your rights, it is advisable to consult the relevant Foreigners' office before planning a trip home. This procedure will help you to clarify your situation and better assess the possible impact on your residence status. Open communication with the authorities can help to secure your right of residence in Germany in the long term.
Family reunification with § 25 para 3
If you have a residence permit in accordance with Section 25 (3) AufenthG, family reunification for your spouse and minor children is legally possible, but very difficult to implement in practice.
The law ONLY allows reunification for reasons of international law or humanitarian reasons or if it is in Germany's political interest. These reasons are usually very difficult to prove. Many applications are rejected by the embassies because the necessary evidence cannot be provided. In most cases, family reunification is therefore practically impossible.
One option could be to apply for a permanent residence permit first. This will give you a better chance of successful family reunification. It is important to know that only spouses and minor children are allowed to join you. Other relatives such as parents or siblings are excluded from family reunification. If you are planning family reunification, you should prepare well and possibly seek legal advice to check your options carefully.
Summary
The topic of Residence permit § 25 para. 3 is very complex. We have summarized the most important key points for you:
- You can easily apply for Settlement permit from Residence permit § 25 para. 3 AufenthG with all the requirements
- The Naturalization with Section 25 (3) AufenthG does not work directly, as the Residence permit is blocked for Naturalization . You must therefore change to Residence permit beforehand, ideally to Settlement permit.
- Travel with § 25 para. 3 is possible within Germany, entry to Schengen states is visa-free for 90 days. It is important that you can present a valid travel document and your Residence permit .
- We advise against traveling to your home country. If the authorities find out that you are traveling to your home country, your Residence permit may be withdrawn in the worst case scenario. You should not take this risk.
- Gainful employment is possible without any problems under Section 25 (3) AufenthG. Whether permanent employment, temporary employment or self-employment.
- Family reunification is possible for your spouse and underage children in accordance with Section 29 (3) AufenthG. Parents, siblings and people who are part of the extended family cannot be reunited with family reunification.
Section 25 (3) AufenthG is Residence permit, which you will receive if you are unable to return to your home country for various reasons.
The Naturalization does not work directly. You must first change your Residence permit and can then apply for Naturalization . The Residence permit § 25 para. 3 is blocked for the Naturalization .
The Settlement permit is easily possible with § 25 para. 3. The prerequisite is that you fulfill all other conditions in addition to Residence permit .
Yes, you can travel within Germany under Section 25 (3) and you can stay in Schengen countries for up to 90 days without a visa. Your Residence permit and a valid travel document are important. Travel to your home country with a Residence permit in accordance with Section 25 (3) AufenthG is not legally prohibited. Nevertheless, it is strongly recommended that you contact the responsible Foreigners' office before such a trip and clarify the possible effects on your residence status. This will help to avoid potential risks and protect your Residence permit .
Family reunification for spouses and minor children is possible, but often difficult, as it is difficult to prove the necessary international law or humanitarian reasons. Applications are often rejected. Other relatives such as parents, siblings, uncles or aunts are not permitted to join them. It is advisable to seek advice before applying for family reunification.
Yes, the ban on deportation is a Residence permit. There are different types of prohibition of deportation and correspondingly different Residence permit.
After the ban on deportation, there is usually another Residence permit such as Settlement permit and then, if all the requirements are met, Naturalization.
Gainful employment is easily possible with § 25 para. 3. It does not matter whether you have a fixed-term contract, a permanent contract or are self-employed.
Yes, it is possible to fall out of the ban on deportation according to § 25 para. 3. This can happen if you are uncooperative with the authorities, commit serious crimes and harm the general public and the Federal Republic of Germany, or it turns out that you have committed war crimes in your home country.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.
