Residence Permits for Asylum Seekers; Application Process

Foreign nationals receive what is known as a “temporary residence permit” during the asylum process in Germany. This is not a residence permit. As a provisional right of residence, it is intended solely to allow the foreign national to remain in Germany for the duration of the asylum proceedings (see also “Related Topics” – “Temporary Residence Permit; Issuance and Application for Extension”).

A foreign national who has filed an asylum application may be granted a residence permit before the asylum proceedings are finally concluded—except in cases where there is a statutory entitlement—only with the approval of the highest state authority and only if important interests of the Federal Republic of Germany so require. This also applies to residence permits for employment as a skilled worker.

A residence permit issued or extended by the immigration authorities after the foreign national’s entry may be extended regardless of the fact that the foreign national has filed an asylum application.

A foreign national whose asylum application has been definitively rejected or who has withdrawn his or her asylum application may, prior to departure, be granted only a residence permit for a stay based on grounds of international law, humanitarian reasons, or political reasons. If the asylum application was rejected as manifestly unfounded pursuant to § 30 of the Asylum Act on one of the grounds set forth in Article 42(1)( 1(c), (d), or (f) or paragraph 3(b) of Regulation (EU) 2024/1348, no residence permit may be granted prior to departure. These restrictions generally do not apply in cases where there is a statutory entitlement to a residence permit. For residence permits for employment as a skilled worker, a special provision applies to foreign nationals who entered the country before March 29, 2023, in the event that the asylum application is withdrawn.

The requirements for granting a residence permit vary depending on the purpose of stay (see “Related Topics” – “Residence Permit; Issuance and Extension”).