Migrando - Your experts on the subject Settlement permit

Subsidiary protection and Settlement permit

Fabian Graske
Fabian Graske

Table of contents

IMPORTANT:

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).

You are still a minor, i.e. under the age of 18, but at least 16 years old

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.

A) Prerequisites

If you fulfill the following requirements, you will receive the Settlement permit!

  1. You are still a minor, but at least 16 years old
  2. When you turned 16 years old, you had been working for 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" 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).

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

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.

A) Prerequisites

  1. You are of legal age, i.e. at least 18 years old
  2. You have been working for at least 5 years a right of residence in Germany
  3. You speak German to at least A2 level
  4. You do not receive social assistance, 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" 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).

Have you been waiting many months or can't get an appointment?
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How should I apply for Settlement permit ?

We recommend that you apply for Settlement permit with 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' receipts to ensure that the application is legally secure. On the other hand, migrando commissions lawyers for the application process. When the application is submitted, Foreigners' office already knows that long processing times can lead to trouble with the German lawyers. 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.

Unfortunately, time is up!

Unfortunately, you have exceeded the allotted time. Unanswered questions are considered incorrect. You have 1 hour to complete the naturalization test.