Asylum seeking process

In order to formally make your application for asylum, you will receive an appointment with the Federal Office through the reception centre or the registration office. For this you have to personally appear at the specified branch of the Federal Office. Each adult has to file his/her own application in person. If you do not speak German, a language mediator will help you. The language professionals are sworn to secrecy and are not allowed to pass on your information to others.

Information regarding unaccompanied children can be found here.

When you have filed a formal application with the BAMF, you will receive a confirmation of your temporary residence permit. This is a written document that confirms that you have permission to stay in Germany for the duration of your asylum seeking process and have the right to basic services as an asylum seeker in Germany. The temporary residence permit replaces your proof of arrival. You can also identify yourself to state authorities using your temporary residence permit.

Before the Federal Office (BAMF) personally questions you regarding your reasons for fleeing your home country, it examines whether Germany is actually responsible for your asylum process. Each application for asylum will only once be examined within the European Union and the countries of Switzerland, Norway, Iceland and Liechtenstein. The Federal Office for Migration and Refugees will therefore ask when and where you first entered Europe. The determination of which state is responsible is based on fixed criteria that are laid out in the so-called Dublin III Regulation. If you have close relatives within the European Union, this state will be responsible for you. Generally, whichever state enabled your entry into the European Union will be responsible.

Your asylum process will take place in Germany if the Federal Republic is responsible according to the above-mentioned criteria. The next step will be your personal interview.

If Germany is not responsible, you will receive a written notification from the Federal Office. However, this does not mean that your application for asylum was entirely rejected. It is merely determined that another state – not Germany – is responsible for examining the substance of your application. You then have to be taken to the responsible country within a fixed period of time. You can appeal this decision using jurisdictional means. This is only possible within a period of a few days so you should immediately seek the support of a counselling centre or a lawyer.

A list with counselling centres can be found on the website of the Asylum Information Network.

The personal interview is a very important part of your asylum process. You will have to explain in detail why you cannot return to your country of origin. It will then be examined whether you can be recognised as a refugee or not.

If it is difficult for you to speak about the reasons for your flight due to your experiences, you can inform the Federal Office for Migration and Refugees about this before the appointment. This also applies if you were the victim of torture or sexual violence. If, as a woman, you prefer to speak with a female staff member of the Federal Office for Migration and Refugees, you can also inform them before the appointment. The interview will then be carried out by specifically trained staff members.

Further information regarding the procedure of the asylum seeking process can be found on the website of the Federal Office for Migration and Refugees.

In order for you to understand and know which aspects of your personal situation are relevant for the asylum process, it is advisable to seek consultation before the hearing.

A list of counselling centres can be found on the website of the Asylum Information Network.

You will receive the decision regarding your asylum application in writing. It is therefore very important to always inform the Federal Office of your current address as soon as your accommodation changes. It can be to your disadvantage if the Federal Office cannot reach you.

The Federal Office makes the decision regarding your asylum application on the basis of your personal hearing and any records and documents presented by you. In addition to this, the Federal Office also looks at information about your country of origin.

The Office has to abide by the law in making the decision. First, the Federal Office examines each application to see whether a person can be granted refugee status and possibly also asylum. If refugee protection is denied, the Federal Office examines whether the requirements for subsidiary protection are met. If this is not the case, the Federal Office checks whether there are other reasons why you may not be returned (to your home country). You will be informed about the decision in a letter sent by mail and in case of denial of a form of protection, this will be explained.

Residence permit when protection is granted

If the Federal Office determines that you require one of the stated forms of protection, the Aliens Authority will issue a residence permit. Depending on which form of protection you have received, your residence permit will be valid for different periods of time:

• If refugee status as per the Geneva Convention on Refugees is granted:
  • Residence permit for three years
  • Extension of the residence permit possible for up to three years at a time. If the situation in your country of origin has not fundamentally improved for you during this time, your residence permit will be extended.
  • Permanent residence permit possible after three or five years. With a permanent residence permit, you can permanently stay in Germany. For this you have to be able to make a living on your own and speak German sufficiently (A2 standard). If you can speak German exceptionally well (C1 standard) and are earning your livelihood almost completely on your own, you may already receive a permanent residence permit after three years.
  • The same applies if in addition to the recognition of refugee status, constitutional asylum (eligibility for asylum) is granted.

   

• If you have received subsidiary protection:
  • Residence permit for at least one year.
  • Extension of the residence permit possible for two further years at a time. If the situation in your country of origin has not fundamentally improved for you during this time, your residence permit will be extended.
  • Permanent residence permit possible after five years. With a permanent residence permit, you can permanently stay in Germany. For this you have to be able to make a living on your own and speak German sufficiently (B1 standard).

   

• If a national ban on forced return was determined in your case:
  • Residence permit for at least one year
  • Extension of the residence permit possible
  • Permanent residence permit possible after five years. With a permanent residence permit, you can permanently stay in Germany. For this you have to be able to make a living on your own and speak German sufficiently (B1 standard).

Obligation to leave the country upon denial of all forms of protection

If the requirements for none of the forms of protection – refugee status, asylum, subsidiary protection or a ban on forced return – have been met, your application will be denied. In this case you have to leave Germany within a particular period of time. There are two different forms of denial:

• If your application was a simple rejection, you have to leave the country within 30 days.
• If your application was denied as being manifestly unfounded, you have to leave the country within one week.
  

You can file an appeal against the decision of the Federal Office. This has to be brought before a court within a short period of time. In case of a decision where you have been denied any form of protection you should seek consultation at an advisory centre or with a lawyer as soon as possible. In the notification from the Federal Office for Migration and Refugees, it will be stated which legal redress is available to you and the time frame in which you can appeal.

When you appeal against the decision, the administrative court will examine the decision of the Federal Office for Migration and Refugees. Generally you will be invited to a court hearing and once again asked about your reasons for fleeing your home country. If the court comes to the same decision as the Federal Office, the decision of the Federal Office remains in effect. If the court determines that you are in need of protection, the Federal Office will issue a new decision.

In the case of denial of all forms of protection you may only pursue further legal redress to a higher court (Higher Administrative Court of the relevant federal state) if said higher court has examined the strict legal requirements and has approved this form of legal redress for your case.