Hardship application

A case of hardship generally refers to exceptional individual circumstances that make it necessary to deviate from the general regulations.

In asylum law, the term is mainly used when persons obliged to leave the country who are not entitled to a right of residence under current law can nevertheless be granted a right to stay because it would be humanly or morally intolerable to comply with the obligation to leave the country.

For this reason, each federal state has set up its own hardship commission. Before the commission deals with your case, it must be accepted by a member of the commission, which initially has a suspensive effect until the final decision is made.

However, hardship cases can also be asserted during the asylum procedure and in all areas affected by it.

Example 1: When distributing refugees from the reception centers, it can be taken into account that an elderly, seriously ill refugee wishes to be assigned to the same municipality as his adult children.

Example 2: A student with a residence permit can apply to be allowed to complete their studies despite receiving social benefits because they are about to graduate anyway.

Hardship decisions are always individual and discretionary decisions. If you want to submit a hardship application, you have the best chance of success if you can present the circumstances comprehensively and clearly.