Subsidiary protection and settlement permit

IMPORTANT:

This blog post is only suitable for you if you entered Germany as a minor and received a right of residence, e.g. a positive asylum decision (compare picture gallery).

Summary

You are still a minor, i.e. younger than 18, but at least 16 years old

In this case, you can apply for a settlement permit at the competent aliens’ registration office according to § 35 Abs. 1 sentence 1 in conjunction. § 26 para. 4 sentence 4 Residence Act apply.

A) Requirements

If you meet the following requirements, you will receive the settlement permit!

  1. You are still minor, but at least 16 years old
  2. When you turned 16, you had since 5 years a right of residence
  3. You have a right of residence for humanitarian, political or family reasons
    • It is sufficient if you have “subsidiary protection” according to § 25 Abs. 2 Alternative 2 AufenthG, since according to § 26 Abs. 4 sentence 4 Residence Act is also sufficient if you have a residence permit for humanitarian purposes (BeckOK Ausländerrecht, Kluth/Heusch, § 26 AufenthG, Rn. 22-24a).

You are now of age, i.e. over 18 years old

In this case, you can apply for a settlement permit at the competent aliens’ registration office according to § 35 Abs. 1 sentence 1 in conjunction. § 26 para. 4 sentence 4 Residence Act as well, if you meet the following requirements.

A) Requirements

  1. You are of age , i.e. at least 18 years old
  2. You have had at least 5 years a right of residence in Germany
  3. You speak German on at least A2 level
  4. You do not receive social welfare, i.e. you work or are a student or trainee
  5. You have a right of residence for humanitarian, political or family reasons
    • It is sufficient if you have “subsidiary protection” according to § 25 Abs. 2 Alternative 2 AufenthG, since according to § 26 Abs. 4 sentence 4 Residence Act is also sufficient if you have a residence permit for humanitarian purposes (BeckOK Ausländerrecht, Kluth/Heusch, § 26 AufenthG, Rn. 22-24a).
Have you been waiting for many months or can't get an appointment?
Our attorneys will expedite your application and enforce your right! Let us advise you!

How should I apply for the settlement permit?

We recommend you to apply for the settlement permit with migrando!

Firstly, when you apply with the help of migrando, you are ensured that you have proof of the application, as migrando uses lawyers and lawyer’s receipts to make the application legally secure. On the other hand, migrando commissions lawyers for the application procedure. Already at the time of application, the foreigners authority knows that long processing times will lead to trouble with the German lawyers.

When should I apply for the settlement permit?

If you have already received a positive asylum decision, we recommend that you apply for a settlement permit immediately. Due to the expected overload of the foreigners authorities from 2021 onwards, we assume that the procedure times will take approx. 2-3 years.

Ihre Daten werden an den Rechtsanwalt übermittelt

Dieser Vorgang kann bis 30 Sekunden dauern. Bitte schließen Sie Ihren Browser nicht!

The Migrando Community

Over 80,000 subscribers!

We regularly post videos, livestreams, legal tips, articles and more on our social channels: