Asylum Procedure
What steps do I have to take if I want to apply for asylum in Germany? How does the asylum procedure work? Where can I find more information on this subject?
How does the so-called “Chancen-Aufenthaltsrecht” work?
Contents on this page
Application at BAMF
If you arrive to Germany as a refugee and wish to be granted asylum, you must submit an application to the Federal Office for Migration and Refugees (“Bundesamt für Migration und Flüchtlinge”, BAMF). After some time, the BAMF will then invite you to a personal hearing.
Frankenstraße 210
90461 Nürnberg
0911 / 9 43 – 0
https://www.bamf.de/
Buchenstraße 4, Bau C
96050 Bamberg
0911 / 9 43 – 2 83 00
https://www.bamf.de/SharedDocs/Struktur/Organisationseinheiten/DE/Standorte/bamberg-anker-einheit.html
Hearing at BAMF
The personal hearing is an interview with a BAMF employee, with a translator being present. During this interview, you must give a precise account of the dates and reasons for your flight.
- The interview is very important for the further course of your asylum procedure, so you should prepare well for it!
Guides for the Asylum Procedure
On the website “asyl.net” you will find detailed explanations and tips for the hearing at BAMF in numerous languages.
Before your hearing, please be absolutely sure to read the following information:
Here is a selection of the languages being offered:
You can also find videos explaining the asylum procedure on the website of the Bavarian Refugee Council (“Bayerischer Flüchtlingsrat”). These videos are available in numerous languages, including Arabic, Farsi, Pashto, Amharic, English, and Russian:
These links cannot replace individual advice, but they provide all the basic information on the subject.
Church Sanctuary
If a person is threatened with deportation to a dangerous country, church sanctuary (“Kirchenasyl”) might be a way out. In this case, you have to live in a church institution for a certain period of time, being protected from deportation.
However, this is only possible under very specific conditions, and it also depends heavily on the individual case. As there is only a limited amount of places, it can be quite difficult to find a place.
You can find more information on this topic here:
"Chancen-Aufenthalt"
Since the beginning of 2023, the so-called “Chancen-Aufenthaltsrecht” (“opportunity right of residence”) is in place in Germany. This gives people who are only tolerated in Germany (with a “Duldung”), while being also quite well integrated, the chance of a long-term stay. Thus, under certain conditions, they can receive a permanent right of residence.
“Chancen-Aufenthalt” is only awarded for 18 months and cannot be extended. After that, the requirements of Section 25a or Section 25b of the Residence Act (“Integrationsaufenthalt”) must be met, in order to continue to have a right of residence. Otherwise you usually fall back to “Duldung”.
The requirements for “Chancen-Aufenthalt” are:
- You have to hold a “Duldung”.
- You must have resided in Germany for at least five years before October 31, 2022, without interruption with a residence permit or a “Duldung”. Thus, this applies to people who entered the country before October 31, 2017.
- You must not have been punished for any criminal offenses with more than 50 daily rates (for general matters) or 90 daily rates (for matters under immigration law). Penalties according to juvenile criminal law are largely unproblematic.
- You must not have given false information to the authorities (e.g. about your identity).
The “Chancen-Aufenthalt” must be applied for independently. Some immigration authorities have special requirements for this, with all other authorities the application can be made informally.
You can find more information on this subject on the website of the Bavarian Refugee Council (“Bayerischer Flüchtlingsrat”):
On the following website on behalf of the Federal Government there is additional information on the subject:
The network “Unternehmen integrieren Flüchtlinge” also provides an overview of the topic:
None of this information can replace advice from lawyers or from counseling centers. Especially in unusual cases and with particular kinds of problems, you should seek individual advice!
