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Detention pending deportation (also: “ Abschiebungshaft“) refers to cases in which a foreign citizen is detained in order to prepare for or guarantee deportation.
This differs from detention for a criminal offence: This detention is intended to prevent people who have to leave Germany from going into hiding. Read more in our chapter Deportation.
Deportation refers to the compulsory enforcement of the obligation to leave the country.
Anyone who has to leave Germany but does not do so voluntarily can be deported. Read more in our chapter Deportation.
The deportation order informs you that you will be deported if you do not voluntarily leave the country within the set deadline.
The deportation order is usually sent together with the notice of the (negative) decision of the Federal Office for Migration and Refugees (BAMF) regarding the asylum application.
In a removal order, an asylum seeker who has come from a safe third country is informed that he/she must leave Germany.
during the asylum procedure, asylum seekers who have entered from a safe third country are sent a removal order. It informs the person that they have to return to the safe third country. If they do not leave voluntarily, they can be deported there.
An obstacle to deportation is an issue that makes deportation impossible.
There are two types of obstacles to deportation: domestic and destination-related. If there is a domestic-related obstacle to deportation, deportation is not possible for practical or legal reasons, e.g. because there is no passport. In case of obstacles to deportation related to the destination country (also known as a "ban on deportation"), the person may not be deported because they will be at risk e.g. of torture, in the destination country.
If deportation is not possible due to domestic obstacles to deportation, the person is entitled to be issued a tolerated stay permit. An obstacle to deportation related to the destination country usually entitles the person to a residence permit due to humanitarian reasons.
A ban on deportation is also referred to as an obstacle to deportation concerning the destination state. Such an obstacle makes deportation impossible.
If a person is not recognised as entitled to the right to asylum, refugee status or subsidiary protection, the Federal Office for Migration and Refugees (BAMF) can issue them a national ban on deportation under certain conditions. Read more in the chapter "Residence permit for refugees".
An age assessment process is conducted in the case of unaccompanied minor refugees (umF). It verifies whether the individual is a minor.
Age assessment is carried out either when the child is temporarily taken into care by the Youth Welfare Office or at the beginning of the clearing process. Read more in the chapter "Unaccompanied minor refugees".
The "old-case regulation" is intended to enable foreign citizens who have had "Duldung" or temporary stay permit for many years to obtain secure residence status.
Various requirements must be met for "Altfallregelung" to apply. It only applies to people who came to Germany before 1999 or 2001 (for families with underage children). It has been regulated in Section 104a of the Residence Act since August 28, 2007.
At the hearing, the asylum seeker explains to the Federal Office for Migration and Refugees (BAMF) their reasons for fleeing.
The hearing forms the basis for the recognition or rejection of an asylum application. No evidence of persecution is required, but the reasons for the flight must be described in as much detail as possible, credibly and without contradictions. However, if there is evidence, it should be brought to the hearing. Learn more in the “Asylum procedure” chapter.
The proof of arrival (AKN) is a certificate- it confirms that you have asked for asylum at an official body and that you have been registered there.
Proof of arrival is not a residence permit. It is usually issued by the initial reception centre, but sometimes also the police, immigration authorities, etc. can issue this document. A person who has a proof of arrival receives asylum seekers benefits. The proof of arrival replaces the previous certificate of registration as an asylum seeker (BüMA). It is also sometimes referred to as „Flüchtlingsausweis“.
Unemployment benefit I is an unemployment insurance benefit. It is paid upon entry into unemployment.
Unemployment benefit I is only available to people who have had a job subject to social security contributions for at least 12 months in the past 24 months. Unemployment benefits are not paid out automatically but must be applied for at the Employment Agency. The amount of unemployment benefit I depends on the amount of your last salary. The legal basis for the unemployment benefit is the 3rd Social Code (SGB III).
Unemployment benefit II, also known colloquially as Hartz IV, is a state-funded basic subsistence benefit for people out of work.
It is intended to secure people's basic material needs and participation in society. Unemployment benefit II is paid to people who meet the following three criteria:
Unemployment benefit II is only granted upon application. Jobcentres are responsible for processing applications and looking after recipients. The legal basis for unemployment benefit II is the 2nd Social Code (SGB II).
With an asylum application, a person under persecution asks for protection in another country.
The Federal Office for Migration and Refugees (BAMF) receives and decides asylum applications in Germany. An asylum application must be distinguished from "Asylgeuch" or "Asylbegehren". They are often quite imprecisely referred to in public discourse. "Asylgeuch" or "Asylbegehren" refers to a written, oral or otherwise expressed wish to seek protection in Germany. It is usually voiced at the border or to police officers. The next step is the registration and placement of the person in an initial reception centre and the issuing of proof of arrival. Your decision to ask for protection is then forwarded by the authorities to the BAMF, where your asylum application or "Asylantrag" is to be submitted.
The asylum procedure is set in motion with your formal application to the BAMF. After applying, the asylum seeker will have to wait for his hearing and subsequent decision. This process can take months. During this time, the asylum seeker is entitled to social benefits according to the Asylum Seekers Benefits Act (AsylbLG). Read more in the “Asylum procedure” chapter.
People who have been politically persecuted in their home country by state or state-related organisations are recognised as entitled to asylum.
Political persecution is referred to if one is in danger or has been imprisoned because of one's ethnicity /“race”, religion, nationality, political convictions or belonging to a certain social group. However, recognition as a person entitled to asylum is only possible if the person did not enter Germany via a safe third country. Recognition as a person entitled to asylum takes place in accordance with Article 16a of the Basic Law.
An Asylum Application Results is a written notice of decision concerning an asylum application issued by the Federal Office for Migration and Refugees (BAMF).
The document justifies the BAMF's decision and explains what to do if you do not agree with the result. If the application is rejected, the letter also contains a request to leave the country and a notice of deportation. Read more in the chapters “Asylum Procedure” and “Asylum Application Rejected”.
Asylum seeker is a person whose asylum application is ongoing.
The term is often used as a synonym for the term refugee but is legally different. An asylum seeker is a person still in the asylum procedure. In terms of immigration law, the term refugee only refers to a specific group of recognised refugees with a residence permit in accordance with Section 25 Paragraphs 1 and 2, Clause 1, Alternative 1 of the Residence Act: These are persons entitled to asylum in accordance with Article 16a of the Basic Law and refugees in accordance with the Geneva Refugee Convention.
The term Asylsuchender is often used as a synonym for Asylbewerber or asylum seekers. But these two terms are also legally distinct. An Asylsuchender is a person who has already announced to officials their wish to seek asylum but has not yet submitted their asylum application. Asylbewerber, however, has already applied for asylum and received a temporary permit. The term Asylbegehrender is not a legal term and is used interchangeably: either as a translation for "asylum seeker" or as a substitute for the other two terms Asylbewerber and Asylbegehrender.
The Asylum Seekers Benefits Act regulates support for refugees who are not entitled to receive any benefits under the Social Security Code.
The following people receive asylum seeker benefits:
A follow-up asylum application is the second asylum application that those seeking protection can submit if the first application has been rejected or withdrawn.
A second asylum procedure is possible if there are new reasons for an asylum application. That is the case, for instance, when there is new evidence of persecution in the home country or the situation in the country of origin has fundamentally changed. More on this in the chapter "Asylum application rejected".
The Asylum Act regulates asylum procedures in Germany.
Together with some provisions of the Residence Act (AufenthG), it forms an essential part of refugee law.
In the case of an asylum petition, the petitions committee checks whether the authorities have made serious mistakes during the asylum procedure.
A successful asylum petition can prevent deportation.
The asylum procedure is regulated by the Asylum Act. The asylum procedure begins with an asylum application and ends with the decision on the application.
Before the asylum procedure begins, refugees must first ask for asylum: This is called an asylgesuch - and it is not part of the asylum procedure. Find out more in our chapter "Asylum Procedure".
A residence permit is a time-limited and purpose-specific permit to reside in Germany.
Most residence permits are issued for 1 to 3 years and can then be extended if the relevant requirements are met. Apart from a few exceptional cases, a residence permit is associated with various rights that foreign nationals without a residence permit do not have. Read more in our chapters "Residence Permit" and "Immigration to Germany."
In Germany, the Residence Act regulates the immigration of foreigners.
The conditions for entry, departure, residence, settlement and employment are also legally stipulated in the Residence Act. Integration measures, too, are anchored in the law.
A temporary residence permit is a stay permit that is issued for a person as soon as they apply for asylum.
The residence permit allows the holder to stay in Germany during the asylum procedure. Persons with a temporary residence permit receive benefits under the Asylum Act. Many special regulations apply to those who hold a temporary residence permit, for instance, in the areas of work, living, education.
Residence papers are not residence permits, but enable you to stay in Germany for a fixed period.
Examples of residence papers include tolerated residence permit, "Duldung," or temporary residence permit. People who have a form of residence paper instead of a proper residence permit are also referred to as "people with uncertain residence status".
In order for foreign nationals from non-EU countries (third-country nationals) to be able to stay in Germany, they need a residence document.
The German Residence Act (AufenthG) recognises a total of five forms of residence documents: visa, residence permit, settlement permit, EU long-term residence permit and the EU Blue Card.
The old term for Aufenthaltstitel used to be Aufenthaltsgenehmigung- but the term has not been used in the Residence Act since 2005.
One speaks of consolidation of the right to stay when a foreign national is granted a settlement permit (unrestricted residence permit).
The Immigration Office (abbreviated: ALB or ABH) has the task of granting or denying residence permits.
It generally regulates residence and passport measures in accordance with the Residence Act. The tasks of the Immigration Office essentially consist of regulating the duration of residence permits and commanding migrants to leave the country, but also the clarification of the identity of foreign nationals. The Immigration Offices belong to the indirect state administration. There is at least one immigration office in every district - and cities with more than 50,000 inhabitants have their own.
BAföG is an abbreviation for "German Federal Education Assistance Act". The law regulates financial aid for pupils and students in need.
In colloquial language, the term BAföG is often used to refer to the financial aid paid according to the law. Various factors, including the parents' income, are taken into account to determine whether a student is entitled to this financial aid. Read more in our chapter "Student Finance".
BAMF is the abbreviation for "Federal Office for Migration and Refugees". The BAMF is responsible for the implementation of asylum procedures.
The office operates under the Ministry of the Interior and is based in Nuremberg. It has 22 branches.
Vocational training allowance (BAB) is financial aid for trainees going through dual training.
Trainees can receive the BAB if they do not live with their parents during their training and do not receive enough salary. The BAB is also granted during pre-vocational training preparatory measures. Read more in the chapter "Dual Vocational Training".
Occupational language courses („Deutsch für den Beruf“/„Berufsbezogene Deutschsprachförderung“) which can follow after the Integration Course. Occupational language courses offer work-related language skills that go beyond everyday language. In addition, the course prepares participants for the job market through professional qualifications. Read more in the chapter “Occupational language courses”.
The education and participation package (BuT) supports children and young people from low-income families.
The "EU Blue Card Germany" is a residence permit for highly qualified professionals. Read more in the chapter "Migration to Germany".
16 federal states which make the Federal Republic of Germany.
In addition to the federal government, each federal state also has its separate state government. Certain political issues are handled differently in different federal states. These include, for instance, matters related to education and culture.
The 16 federal states are: Bavaria, Baden-Württemberg, Saarland, Rhineland-Palatinate, Saxony, Thuringia, Hesse, North Rhine-Westphalia, Saxony-Anhalt, Berlin, Brandenburg, Lower Saxony, Mecklenburg-Western Pomerania, Bremen, Hamburg, Schleswig-Holstein.
Clearing is the process of clarifying the situation of unaccompanied minor refugees (umF).
Upon arrival in Germany, unaccompanied minor refugees are taken into custody by the Youth Welfare Office. This step is followed by the clearing process, which differs from state to state in terms of length and content. The clearing process is primarily at attempt to answer the following questions:
In the clearing process - if no relatives with custody rights are found - a legal guardian is designated for the child and the child’s place of residence, etc. is clarified.
Dublin-Verfahren: The Dublin procedure regulates the admission of asylum seekers in the EU in accordance with the Dublin III Regulations.
The most crucial point of the Dublin III regulation states that asylum seekers must apply for asylum in the European state where they can prove they have entered first. Dublin regulations may not apply when there are humanitarian reasons. Only unaccompanied minors have the right to go to their families or get accepted where they are regardless of Dublin regulations. Read more in our chapter Dublin procedure.
Duldung: A Duldung is granted when a person would have to leave Germany in principle, but their departure is temporarily not possible.
Read more in our chapter "Tolerated Stay Permit (Duldung)".
Newly arrived refugees are registered and temporarily housed in an Initial Reception Centre (EAE).
EASY is a computer program that distributes all asylum seekers registered in Germany to the individual federal states. The distribution is calculated using a quota.
Naturalisation is the process of acquiring German citizenship. Read more in our “Naturalisation” chapter.
Complementary caretakers take on parts of parental care a minor require.
Complementary caretakers are appointed by the court and can represent minors in asylum and immigration law matters.
Holders of an EU permanent residence permit can also obtain a residence permit in other EU countries.
The EU permanent residence permit is a special form of settlement permit. With a regular permanent residence permit, a third-country national may move freely in the EU, but must reside in the country that granted them the residence permit and may only work in the same country. The EU permanent residence permit, however, grants third-country nationals a certain right of freedom of movement within the EU. Read more in our chapter "Permanent Residence Permit".
Family reunification is the immigration of close family members of a German or a foreigner citizen with a residence permit to Germany.
Family reunification is also referred to as "Familiennachzug". Read more in our chapter Family Reunification.
Temporary residence permit is, in fact, the extension of a previously held but expired residence permit for a short time.
Foreign citizens receive a "Fiktionsbescheinigung" if they are in Germany and have applied for a residence permit or a settlement permit to be issued or extended, but the Immigration Office cannot immediately decide whether the permit will be granted. With the help of a temporary residence permit, the person can stay in Germany until the decision of the immigration office. All rights and obligations of the previous residence status are retained. The validity duration of the temporary residence permit is taken into account when the right of residence or naturalisation is determined.
The airport procedure is a special asylum procedure in the transit area ofan international airport.
It applies to refugees from safe countries of origin and people without a passport (or with a forged passport) who land at an airport in Germany. These individuals have to apply for asylum at the border authorities at the airport. When that is the case, the asylum procedure is carried out in the transit area of the airport (i.e. before officially entering Germany), given it is possible to accommodate the asylum seeker there.
Proof of identity, such as a personal identification card or travel document, serves to verify the identity of a person. To establish one's identity, responsible authorities may photograph you and take fingerprints. They will document personal information such as name, date of birth, and national origin.
Integration courses are meant to help the transition into life in Germany. Knowledge of the German language is essential in securing one's livelihood in Germany: German speakers find work sooner and get to know people faster. In addition to language instruction, integration courses teach the country's history, legal system and culture, and about its inhabitants.
People with good prospects to stay are asylum seekers who come from a country with an asylum recognition rate of at least 50 per cent.
Asylum seekers who have applied for asylum in any other member state of the European Union- or those who, due to Dublin III Regulation, are obliged to do so are not considered as refugees with good prospect to stay.
The recognition rate is recalculated annually based on the number of approved asylum applications (initial applications) from the relevant countries of origin from the previous year. Three countries currently have an asylum recognition rate of over 50 per cent: Eritrea, Somalia and Syria.
A GFK refugee is a person who has been granted refugee status according to the criteria of the Geneva Refugee Convention (GFK).
These refugees are also referred to as „Konventionsflüchtling“. The BAMF decides on the granting of refugee status as part of the asylum procedure.
The border crossing certificate (GÜB) is a paper issued to foreign citizens when they have to leave Germany.
The GÜB obliges the foreigner to leave the country- and contains the deadline by which the person must have left Germany. Upon departure, the GÜB is handed over to the passport control office and the person required to leave the country receives his/her passport deposited there by the Immigration Office. This way, the authorities make sure the person has left Germany. The GÜB is not a residence permit.
Those who are in Germany without registration or those have gone into hiding are considered as illegalised- the term often refers to people without paper or a residence permit.
These individuals are entitled to social benefits under the Asylum Seekers Benefit Act. In practice, however, they usually cannot claim the benefit as they would be registered and in the risk of arrest, imprisonment and eventually deportation.
Taking into care means that the Youth Welfare Office will manage the accommodation and care of the child or adolescent in question.
Unaccompanied minor refugees (umF) are taken into care by the Youth Welfare Office upon their arrival in Germany, i.e. the Youth Welfare Office takes care of the accommodation and the further matters related to the child or young person. Underage refugees who are in Germany with their parents (or legal guardians) also have a right to be taken into care when necessary, for instance, in the event of violence in the family.
The integration course is a course where participants can learn German - and familiarized themselves with life in Germany.
The integration course aims to enable people who come to Germany to navigate independently in everyday life, find work and connect to the host community. It consists of two parts: the language course and the orientation course. The language course usually consists of 600 hours of lessons and ends with the B1 examination. It is followed by the orientation course, in which, among other things participants learn about the history, culture, society and legal system in Germany. The orientation course also ends with an exam. There are full-time and part-time courses. Learn more in our chapter Integration Course.
The “Königsteiner key” is a distribution guideline that regulates the distribution of refugees in the federal states.
The tax revenue of the federal state and its population are the decisive criteria used to calculate how many people each state should accept.
Quota refugees are people who are brought to Germany directly from a crisis area through an aid operation by the government/EU.
Quota refugees do not have to apply for asylum, but receive a residence permit according to §23 or §24 Residence Act immediately after their arrival. The number (contingents) of people who are allowed to come to Germany via these campaigns are limited.
The permanent residence permit is an unlimited residence permit.
In order to obtain a permanent residence permit, one must meet various requirements.
An administrative offense is a minor violation of a law.
An administrative offense is not punished criminally, but punished with a fine. Examples are violations of traffic rules or forgetting to register a new address.
Legal aid is a form of aid from the state for low-income individuals who have to go through certain legal proceedings. With legal aid, the state covers the lawyer and court expenses for you. You can find out more in our "Legal Aid" chapter.
In Germany, some groups of people are recognised as particularly vulnerable and in need of protection. And in some cases, different rules apply to these groups of people. Particularly vulnerable refugees are minors, unaccompanied minors, people with disabilities, the elderly (over 65 years of age), pregnant women, single parents with underage children, victims of human trafficking, people with severe physical illnesses, people with mental illnesses and people who have been tortured or raped or have suffered other severe forms of psychological, physical or sexual violence. Refugees who are in particular need of protection are entitled to proper care.
Safe third countries are countries in which compliance with the Human Rights Convention and the Geneva Convention on Refugees is secured. This applies to the member states of the European Union as well as Norway and Switzerland. Foreign citizens who want to enter Germany from a safe third country to seek asylum can be turned away at the border.
Safe countries of origin are states in which political persecution or inhumane treatment is not assumed to be prevalent. You can find out more in our chapter "Safe countries of origin".
You are considered to be able to secure a livelihood if can earn a living without government aids. So your earnings must be enough to cover accommodation, health insurance, food, clothing, etc. "Enough" means you should earn at least as much of what the Job Centre pays.
Social assistance is financial aid from the state for people with very little to no income. And it is intended to prevent poverty and exclusion. In contrast to unemployment benefit II, social assistance is aimed at people who are unable to work regularly. For example, because they are sick or they have to look after their children. Social assistance is only available for people who can work less than three hours a day. The legal basis for this state aid is SGB XII. Social assistance is paid by the municipalities.
All employees and trainees who earn more than € 450 per month are subject to social insurance contributions. Employment subject to compulsory social insurance contributions means that the person is insured in unemployment insurance, health insurance, accident insurance, pension insurance and long-term care insurance. You can find out more in our "Social insurance" chapter.
Subsidiary protection is a form of protection that can be granted in the asylum procedure. To receive subsidiary protection, a person must be in great danger in their country. For example, because the person is threatened with torture or the death penalty. Or because their lives are in danger from an international or domestic armed conflict. You can find out more in our chapter "Residence Permits for Refugees".
When asylum seekers or people with Duldung want to move within Germany, they must submit a „redistribution application“. All recipients of asylum seeker benefits are generally obliged to live in places they have been assigned at the beginning. This is called a "residence requirement". Moving to another location (redistribution) is rarely allowed. To apply, you must submit a "redistribution application" to the Immigration Office responsible for you. You are only entitled to the redistribution if your spouse or underage child lives in another location. Otherwise, the authorities can decide whether or not to approve the relocation application.
To have a chance of success you need solid reasons such as caring for sick family members, the availability of a specialised and urgently needed doctor, etc. You can take legal action against the rejection of an application for reallocation before the Administrative Court. However, the chances of success for such lawsuits are quite slim. Since 2016, the federal states have also been able to stipulate a place of residence for recognised refugees or asylum seekers for up to 3 years. Refugees who take up vocational training, study or a job subject to social security contributions of at least 15 hours per week and earn enough are exempt from this rule.
Unaccompanied minor refugees are children and teens under the age of 18 who came to Germany without parents or guardians or were left alone in Germany. The youth welfare office is initially responsible for the unaccompanied minor refugees, i.e providing care and accommodation for these children and teens. Read more in our chapter "Unaccompanied minor refugees".
The residence requirement obliges asylum seekers and persons with tolerated stay ("Duldung") to stay in the district where their initial reception centre is located for the first three months of their stay in Germany. The Immigration Office can extend the residence requirement to the district, region or the entire federal state; you can find the range of your residence requirement in your residence permit or tolerated stay permit ("Duldung").
People to whom a residence requirement applies need a permit from the Immigration Office to travel outside the range of their permit. Travelling is usually allowed if the person needs to see a lawyer or a specialised doctor- but in principle, private trips are not allowed. If the person leaves the aforementioned range without a proper permit, he/she may face a fine. If the violation is repeated, the person will be liable to prosecution.
With a visa, a state confirms that a person can enter, travel through and legally stay in the country for a specific period. Usually, a visa is attached directly into a passport page.
If a foreign national does not have a residence permit, he/she is obliged to leave the country.
Those who wish to apply for asylum, asylum applicants, and individuals with "Duldung" do not have a residence permit and are, therefore, generally speaking, required to leave the country. However, German law distinguishes between the obligation to leave the country and the enforceability of the obligation to leave the country. Only when the obligation to leave the country is enforceable does the Immigration Office have the right to deport the foreigner.
The obligation to leave the country is enforceable if someone has entered illegally and the issuing of a residence title has been irrevocably refused - e.g., after the asylum application was rejected and all legal options have been exhausted or missed. That means: As long as a persons' asylum procedure is ongoing or still has yet to start, they are required to leave the country, but such a requirement is not enforceable.
In principle, the following groups of people are legally obliged to leave the country:
Allocation is the process of distributing asylum seekers to the responsible initial reception centre within Germany. After a person has requested asylum from an official body (asylum application), they are forwarded to the nearest reception centre: This is where the person is registered and the initial reception facility responsible for them is determined. Allocation is done via the computer-controlled EASY distribution system, which uses various criteria to determine which federal state and which initial reception facility is responsible for the person concerned. This process is called "Zuweisung" or "Verteilung".
