CDU/CSU calls for humanitarian Residence permit for Syrians to be revoked
The current debate was triggered by statements made by several CDU/CSU politicians, including Federal Chancellor Friedrich Merz. He declared that with the end of the civil war in Syria, there are "no longer any grounds for asylum in Germany". He announced that he wanted to talk to the Syrian interim president Ahmed al-Sharaa about repatriations. The aim is to create return programs in which Syrians return to their home country voluntarily or under obligation.
The Federal Chancellor receives support from parts of his party. They are calling for gradual repatriation: first for criminals and people posing a risk, then for Syrians who have made no progress with their integration or are not gainfully employed.
CDU deputy parliamentary group leader Günter Krings is also calling for "the existing humanitarian Residence permit to be revokedin the near future". Anyone who has not obtained a Settlement permit or Naturalization must always return to their home country. "Anyone who lives off the welfare state cannot hope to remain in Germany," Krings told Stern.
Manuel Hagel, head of the CDU parliamentary group in Baden-Württemberg, expressed a similar view: "Humanitarian protection is not a permanent right of residence." Syria needs every helping hand for reconstruction, he explained.
At the same time, there are also cautious tones. Following a visit to Syria, Federal Foreign Minister Johann Wadephul (CDU) warned that the situation on the ground remains difficult, that many regions have been destroyed and that a dignified livelihood is not guaranteed everywhere.
Representatives of the Union have long emphasized that refugee protection is not granted on a permanent basis, but is generally limited in time.
When can humanitarian protection status be revoked?
The German Asylum Act(Section 73 AsylG) stipulates that a protection status can be revoked if the original reason for protection no longer applies. This applies to both refugee protection under Section 3 AsylG and subsidiary protection under Section 4 AsylG.
Important: Revocation is not automatic for everyone who has protection status. Revocation must always be reviewed on a case-by-case basis by the Federal Office for Migration and Refugees (BAMF). This involves an individual assessment of whether a person is still at risk of persecution, torture or inhumane treatment. A poor economic situation in the country or poverty alone are not sufficient grounds for protection.
Which Residence permit are considered humanitarian protection titles?
In the current political debate, humanitarian protection refers to all forms of protection granted on asylum or human rights grounds - in particular refugee protection, subsidiary protection and bans on deportation.
They serve to protect people who are unable to return to their country of origin or for whom a return would be unreasonable - for example due to war, persecution, illness or exceptional personal circumstances.
The legal basis can be found in §§ 22 to 26 of the Residence Act (AufenthG). These include
- § Section 22 AufenthG: Admission for reasons of international law or urgent humanitarian reasons (individual admission)
- § Section 23 AufenthG: Admission by order of a federal state or by federal decision (group admission)
- § Section 23a AufenthG: Residence permit for urgent humanitarian reasons in Germany (according to the recommendation of the Hardship Commission)
- § Section 24 AufenthG: Temporary protection based on the EU Mass Influx Directive (currently exclusively for Ukrainian refugees)
- § Section 25 (1) AufenthG: Residence permit for persons entitled to asylum
- § Section 25 (2) sentence 1 Alt. 1 AufenthG: Residence permit for refugees under the Geneva Refugee Convention (recognized refugees)
- § Section 25 (2) sentence 1 Alt. 2 AufenthG: Residence permit for subsidiary protection (persons who do not fall under § 25 para. 2 but who are at risk of serious harm in their country of origin)
- § Section 25 (3) AufenthG: Residence permit in the event of a ban on deportation pursuant to Section 60 (5) or (7) AufenthG
- § Section 25 (4) AufenthG: Residence permit because departure is legally or actually impossible (e.g. missing travel documents or inability to travel due to illness)
- § Section 25 (5): Residence permit for persons obliged to leave the country but whose deportation is permanently impossible
- § Section 25 (4a): Residence permit for victims of human trafficking
- § Section 25a AufenthG: Residence permit for well-integrated young people and adolescents
- § Section 25b AufenthG: Residence permit for sustainably integrated adults
These Residence permit are issued for a limited period (1-3 years), but can be extended. After several years of legal residence in Germany, under certain conditions a Settlement permit or the Naturalization may follow.
How many Syrians in Germany would be affected?
According to the Federal Ministry of the Interior, there are currently around 951,000 Syrian nationals living in Germany. Around 700,000 of them have protection status - the majority of them with refugee protection under Section 25 (2) and around 330,000 with subsidiary protection. The protection status is reviewed at regular intervals, among other things to determine whether the original reason for protection still applies.
According to a study by the Institute for Employment Research (IAB), around 42% of Syrian refugees are employed. Most of them (approx. 82%) have a job that is subject to social insurance contributions.
At the same time, the number of naturalized citizens is growing steadily: between 2015 and 2023, more than 160,000 Syrians were granted German citizenship. In 2024, Syrians were by far the largest group of all newly naturalized citizens.
According to the German government, around 10,700 Syrians in Germany are currently required to leave the country. A large proportion of those affected are living with a Tolerance permit, which means that their deportation has been temporarily suspended. Around 920 Syrians do not have a Tolerance permit.
Courts see the security situation in Syria differently
While the German government is discussing possible repatriations, German administrative courts are assessing the situation in Syria differently. Some courts - for example in Augsburg and Cologne - recently ruled that there is no longer a general danger to life for young Syrians in certain regions who are able to work. Other courts consider a return to be unreasonable at present because the security situation remains unstable.
The Federal Foreign Office also continues to classify the situation as critical. Although the former ruler Bashar al-Assad was overthrown at the end of 2024, the transitional government still faces major challenges. There is a lack of stable administration, medical care and protection for ethnic and religious minorities. Human rights organizations warn of targeted attacks on Alawites, Druze and Kurds, and courts take different views of the security situation in Syria.
Who could be particularly affected by the revocation of humanitarian protection titles?
According to the Union's current political considerations, the following groups would be the focus of possible repatriations:
- Offenders and dangerous persons, especially those against whom there is already an interest in deportation
- Persons without integration progress or employment
- Newly arrived Syrians without permanent prospects of staying
- Syrians without a secured Residence permit or with expired protection status
According to the Union, there is no danger for well-integrated Syrians with work and their own income. Syrians who have now obtained a German passport cannot be deported.
Protection from deportation remains in place
Although the EU is discussing the revocation of protection titles, deportations to Syria remain legally difficult. Germany may not return anyone to a country where there is a threat of torture, inhumane treatment or danger to life. These guarantees of protection take precedence over party-political debates. They result from:
- the European Convention on Human Rights (Art. 3 ECHR)
- the international principle of non-refoulement
- EU return directives
- the German Residence Act (§ 60 AufenthG)
Conclusion: What can those affected do now?
The current discussion is still only about political demands - there are no concrete measures yet. Nevertheless, the debate about the possible revocation of humanitarian protection titles for Syrians in Germany is causing uncertainty among many of those affected.
Legally, nothing has changed so far: There is no automatic withdrawal of protection status; each decision must be reviewed on a case-by-case basis by the Federal Office for Migration and Refugees (BAMF).
Nevertheless, it can make sense to prepare well now and strengthen your own residence situation. If you live in Germany and want to stay here, you should consider the following:
- Extend your Residence permit in good time:
Check when your Residence permit expires and apply for an extension in good time - preferably three to six months in advance. - Keep your documents up to date:
Passport, Residence permit, proof of family circumstances, employment contracts, tenancy agreements and proof of integration should be complete and up to date. - Collect proof of integration and language skills:
Proof of language skills, employment or training as well as social commitment can increase the chances of obtaining secure residence status. - Seek advice early on:
If you are unsure or afraid of possible repatriation, you should contact a migration advice centre, a refugee organization or a specialist lawyer for migration law. They will be able to individually assess the level of existing protection and what options there are for a permanent residence perspective. - Document personal danger:
Anyone who fears danger to life, limb or freedom in the event of a possible return to Syria should collect and keep relevant evidence or reports (e.g. from human rights organizations or doctors).
Overall, well-integrated people with a job, language skills and stable living conditions generally have a strong position under residence law. And: even if the political debate continues, the legal situation will not change overnight. Keep calm, stay informed and keep your own documents up to date - that is the most important step now.
