Control of subsidiary protection status
This blog post is only suitable for you if you entered Germany as a minor and have been granted subsidiary protection or refugee status, e.g. a positive asylum decision (compare with the picture gallery).
Application for minors
In this case, you can apply for Settlement permit from the responsible Foreigners' office in accordance with Section 35 (1) sentence 1 of the Residence Act in conjunction with Section 26 (4) sentence 4 of the Residence Act.
Prerequisite for minors
If you fulfill the following requirements, you will receive the Settlement permit!
- You are still a minor, but at least 16 years old
- When you turned 16 years old, you had been working for 5 years a right of residence
- You have a right of residence for humanitarian, political or family reasons
It is sufficient if you have "subsidiary protection" in accordance with Sec. 25 (2) Alternative 2 AufenthG, as it is also sufficient if you have a residence permit for humanitarian purposes in accordance with Sec. 26 (4) Sentence 4 AufenthG (BeckOK Immigration law, Kluth/Heusch, Sec. 26 AufenthG, margin nos. 22-24a).
Application for adults
In this case, you can also apply for Settlement permit from the responsible Foreigners' office in accordance with Section 35 (1) sentence 1 in conjunction with Section 26 (4) sentence 4 of the Residence Act if you meet the following requirements.
Requirements for adults
- You are of legal age, i.e. at least 18 years old
- You have been working for at least 5 years a right of residence in Germany
- You speak German to at least A2 level
- You do not receive social assistance, i.e. you work or are a student or trainee
- You have a right of residence for humanitarian, political or family reasons
It is sufficient if you have "subsidiary protection" in accordance with Sec. 25 (2) Alternative 2 AufenthG, as it is also sufficient if you have a residence permit for humanitarian purposes in accordance with Sec. 26 (4) Sentence 4 AufenthG (BeckOK Immigration law, Kluth/Heusch, Sec. 26 AufenthG, margin nos. 22-24a).
Application procedure
The application for Settlement permit with § 25 Para. 2 Alt. 2 AufenthG follows a similar process to that for other residence permits that generally entitle the holder to apply for a Settlement permit .
Your steps as a beneficiary of subsidiary protection towards a settlement permit
In contrast to refugee status in accordance with § 25 Para. 2 Alt. 1, no simplifications apply to you when applying for asylum, except for the recognition of the time of the asylum procedure. Settlement permit. You must therefore first of all meet all the requirements prescribed for Settlement permit .
So the first step is to organize and complete all the documents for Settlement permit . Once you have collected all the necessary documents, check that everything is complete.
Then complete the application form for Settlement permit in full and submit your application for a change of residence permit. Once this has been done, wait for the decision from Foreigners' office.
The required documents
The rights set out in § 9 AufenthG are the basis for the documents you will need:
- The certificate of 5 years of legal residence in Germany (the time of the asylum procedure is added)
- Proof that you are able to support yourself
- Proof of 60 compulsory pension insurance contributions
- Proof that you have no criminal record
- The receipt for your employment contract
- Proof of successful completion of the naturalization test
- Proof of a B1 language certificate
- Clarifying your identity
Have you been waiting many months or can't get an appointment?
How should I apply for Settlement permit ?
We recommend that you apply for Settlement permit at migrando !
Why is this process beneficial for you?
On the one hand, migrando ensures that you have proof that you have submitted the application, as migrando uses lawyers and lawyers' acknowledgements of receipt to submit the application in a legally secure manner. On the other hand, migrando commissions lawyers for the application procedure. When the application is submitted, Foreigners' office already knows that there is a risk of trouble with the German lawyers if processing times are long. This creates a certain amount of pressure and the authority processes the documents more quickly, as legal proceedings are unpleasant.
When should I apply for Settlement permit ?
If you have already received a positive asylum decision, we recommend that you apply for Settlement permit immediately. Due to the expected overload of the immigration authorities from 2021, we assume that the processing times will take approx. 2-3 years. The sooner you apply for Settlement permit with Residence permit refugee status or subsidiary protection, the easier it will be for you to reach your destination.
