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Residence title in case of an application for political asylum; Issuance

According to Article 10 of the German Residence Act (AufenthG), a person applying for political asylum will be granted a residence title only in certain cases, both during the course of a procedure for granting the right of political asylum and after the unfavorable conclusion of a procedure for granting the right of political asylum or the withdrawal of an application for political asylum.

Description

During the course of a procedure for granting the right of political asylum in Germany, foreign nationals will be granted a so-called "residence title for specific purposes". However, this document does not constitute a residence title. By granting the preliminary right of residence, its purpose is to merely permit a foreign national to stay in Germany for the purposes of an asylum procedure (also refer to "Related Issues" - "Residence title for Specific Purposes; Issuing and Renewal").

Prior to the final and absolute completion of his or her procedure for granting the right of political asylum, a foreign national who has submitted an application for political asylum will - except in cases of legal entitlement - be granted a residence title only upon approval by the supreme federal state authority, and only in cases where vital interests of the Federal Republic of Germany so require.

A residence title granted or renewed by the Aliens Department after a foreign national's entry in to Germany can be renewed regardless of whether or the foreign national has submitted an application for political asylum or not.

A foreign national whose application for political asylum was incontestably rejected or who has withdrawn his or her application for political asylum may, prior to his or her departure from Germany, be granted a residence title solely for reasons of international law, or for humanitarian or political reasons. In cases where the application for political asylum was refused in accordance with Article 30 Para. 3 Number 1 to 6 of the Asylum Act for reasons of being manifestly unfounded, no residence title may be granted prior to the foreign national's departure from Germany. However, these restrictions do not apply in cases where a legal entitlement to a residence title exists.

The prerequisites for the issuing of a residence title vary according to the purpose of stay (see "Related Issues" – "Residence permit; Issuing and Renewal").

Legal bases

Related issues

Status: 26.01.2016

Responsible for editing: Bayerisches Staatsministerium des Innern, für Bau und Verkehr

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