Issuing residence permits , Date: 2018.11.28, format: Article, area: Asylum and refugee protection

Persons who are entitled to asylum receive a residence permit from their immigration authority for three years, and this period may also be subsequently extended. The same applies if refugee status has been granted. An indefinite settlement permit can be issued after three years at the earliest under certain circumstances, such as the ability to very largely make a secure living and knowledge of German (level C1 of the Common European Framework of Reference for Languages). A settlement permit may be issued after five years if, amongst other things, the individual is largely able to make a secure living and has adequate knowledge of German (level A2). The duration of the asylum procedure is counted in both cases. This is however conditional in each case on the Federal Office not initiating the revocation procedure (see The revocation and withdrawal procedure).

Persons who are entitled to subsidiary protection receive a residence permit which is valid for one year and can be extended for two more years in each case. An open-ended settlement permit can be issued after five years at the earliest (the duration of the asylum procedure is included) if other preconditions are met, such as the ability to make a secure living and adequate knowledge of German (level B1), as well as a place to live and employment that is subject to social insurance. No across-the-board prior examination is provided for by the Federal Office as to whether subsidiary protection is to be revoked or withdrawn, but this is possible if there are appropriate indications.

If a national ban on deportation has been handed down, a person may not be returned to the country to which this ban on deportation applies. Those concerned receive a residence permit if the conditions for this are satisfied (see National ban on deportation). The residence permit is issued for at least one year, and can be repeatedly extended. The same rules apply to issuing a settlement permit as to people who are entitled to subsidiary protection.