Residence permit in case of asylum application; application
While an asylum procedure is being conducted and after the asylum procedure has been concluded negatively or the asylum application has been withdrawn, an asylum seeker can only obtain a residence title in certain cases pursuant to Section 10 of the Residence Act.
During an asylum procedure in Germany, foreigners receive a so-called "Aufenthaltsgestattung". This is not a residence title. As a temporary right of residence, it is only intended to allow the foreigner to stay in Germany to complete the asylum procedure (see also "Related Topics"- "Residence Permit; Issuance and Extension").
A foreigner who has applied for asylum can only be granted a residence title before the asylum procedure has been finally concluded, except in cases of legal entitlement, with the approval of the highest Land authority and only if important interests of the Federal Republic of Germany require it.
A residence title issued or extended by the foreigners authority after the foreigner's entry may be extended irrespective of the fact that the foreigner has filed an asylum application.
A foreigner whose application for asylum has been incontestably rejected or who has withdrawn his or her application for asylum may only be granted a residence title for a stay for reasons of international law, humanitarian or political reasons before leaving the country. If the application for asylum has been rejected as manifestly unfounded in accordance with Section 30 (3) Nos. 1 to 6 of the Asylum Act, no residence title may be issued prior to departure. These restrictions do not apply in the case of a legal claim to the residence title.
The requirements for the issuance of a residence title differ depending on the purpose of residence (see "Related Topics" - "Residence Permit; Issuance and Extension").
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
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