Right of residence and right to stay for refugees
Your residence status is determined by the asylum decision. There is little chance of your residence or protection status being changed once the appeal period has expired.
The current residence permit can only be changed if you can claim new reasons for fleeing (e.g. if you can provide new evidence that was not taken into account in the first asylum procedure). In this case, you would have to submit a follow-up application to the Federal Office for Migration and Refugees (BAMF). The extent to which a new application is likely to be successful should be clarified individually in advance.
Your residence permit is subject to a time limit. Before it expires, you must submit an application to the local immigration authority. If the conditions remain the same, you will generally be granted the same residence permit again.
If the reason for fleeing no longer applies (e.g. because a war in your home country has ended), you may be required to leave the country if your residence has not yet been consolidated in a settlement permit or naturalization. You may then be granted a new right of residence for other reasons (for training/study, work, family, humanitarian reasons, etc.).
People with a tolerated stay permit can consolidate their residence in various ways, such as training or taking advantage of the Residence Opportunities Act.
Settlement permit
As a person entitled to asylum or a recognized refugee, you can obtain a settlement permit under the following conditions after 3 years in accordance with Section 23 (4) of the Residence Act:
- You have been living in Germany for 3 years with a residence permit. Periods with a temporary residence permit or proof of arrival will be taken into account.
- The Federal Office for Migration and Refugees has not informed the Immigration Office that there are grounds for revoking or withdrawing your recognition.
- The livelihood of your community of need is not only temporarily secured on a largely independent basis.
- You have sufficient living space for yourself and for family members who live with you.
- You have at least C1 level German language skills.
- You have a basic knowledge of the legal and social order and living conditions in Germany.
- There are no reasons of public safety or order to prevent your application.
Alternatively, a settlement permit is possible after 5 years of residence. Even if you are entitled to subsidiary protection or national protection, you can apply for a settlement permit after 5 years if you meet the applicable conditions.
Your periods of residence with a residence permit or proof of arrival will be taken into account.
If you have a tolerated stay permit, you are generally obliged to leave the country and unfortunately you cannot be granted a settlement permit. Under certain circumstances, a tolerated stay permit for education or a discretionary tolerated stay permit can give you prospects of staying.
Naturalization
If you have come to Germany as a refugee, your stay with a temporary residence permit is already considered legal and will be counted towards your total period of residence.
The same applies to all subsequent residence titles.
Naturalization of persons entitled to asylum and recognized refugees
As a person entitled to asylum or a recognized refugee, you can apply for naturalization in accordance with the applicable guidelines. You need a permanent residence permit and must also meet all other minimum requirements.
You may also be able to obtain German citizenship under the discretionary naturalization procedure. There are sometimes provisions to facilitate naturalization for refugees under the Geneva Refugee Convention.
An application can therefore be successful after just 6 years, especially if you can demonstrate good integration success. The naturalization authorities alone decide whether your application for discretionary naturalization is granted.
During the procedure, they will check whether there are grounds for revoking your refugee status. You may be granted dual citizenship.
Naturalization of beneficiaries of subsidiary protection
If you are a beneficiary of subsidiary protection, there is generally the possibility that your residence status will become permanent and you will obtain an unlimited right of residence. Naturalization is then possible under the applicable conditions.
Naturalization of persons entitled to national protection
As a beneficiary of national protection, you have the option of consolidating your residence and obtaining a permanent right of residence. Naturalization is then possible under the applicable conditions.
Naturalization with toleration
Naturalization is not possible for people with a tolerated stay permit. Temporary residence on humanitarian grounds, with a residence permit or tolerated stay contradicts the requirement for naturalization that a permanent right of residence must be given.
Naturalization test
The naturalization test demonstrates your knowledge of the German legal and social system. Out of 300 possible questions, 33 questions are selected for you, of which you must answer at least 17 correctly within one hour.
You can repeat the test. Voluntary courses are offered to help you prepare for the test.