If an asylum procedure is rejected or dismissed by the administrative court, it must be examined and determined what concrete options the person concerned has to remain or stay in Germany legally. Here is a look at the various options:
1. A complaint is lodged
It is normally possible to appeal against a judgment or a rejection notice to the Higher Administrative Court. Your lawyer will advise you whether an appeal is possible or not, as it is difficult to make an appeal successful. If the appeal is allowed by the Higher Administrative Court, this can take between three and nine months. If an appeal is lodged, the person's immigration status will remain in place at least until the Supreme Court rules on the appeal.
2. Change to toleration
If you do not lodge an appeal or if your appeal is rejected by the Higher Administrative Court, the Immigration Office ABH will summon you to offer you voluntary departure and/or issue you with a tolerated stay permit. Please note that the ABH is not obliged to issue you with a Duldung, but can issue you with a border crossing document that obliges you to leave Germany by a certain date. You can continue to work with the tolerated stay permit. If you are not yet working, the ABH will decide at its own discretion whether you can take up work or not.
A Duldung is not a residence permit, but a temporary suspension of deportation of a foreigner who is obliged to leave the country. There are different types of tolerated stay permits, which can be issued for different reasons: Duldung for health reasons, Duldung for public interest or humanitarian reasons, simple Duldung, which is granted if deportation is not possible for factual or legal reasons, Duldung for education, Duldung for work, Duldung for marriage, Duldung for the recognition of a child, etc.
If you have not presented your passport to the German authorities or your passport has expired, the ABH will ask you to present or update your passport. Failure to present your passport may result in the withdrawal of your work permit and reductions in your social benefits. In addition, you will be treated as a person with an unclear identity.
3. Tolerated stay of deportation for Venezuelan citizens?
There is a decision in Saxony which states that Venezuelan nationals whose asylum procedure ends in a negative outcome receive a tolerated stay which allows them to continue working as long as deportation is possible. This means that these people will not be deported quickly. The decision is valid until 31.12.2025 and is likely to be extended by the authorities.
4. Employment toleration
If a person entered Germany before December 31, 2022 and has had a tolerated stay permit for at least 12 months and has a permanent job and an A2 German certificate, they can apply for a tolerated stay permit for a period of up to 30 months.
5. Residence permit or tolerated stay for training
If the person is undergoing training, a tolerated stay permit or a training residence permit must be applied for on a case-by-case basis. As a rule, if the person is training and receives a salary of more than €700 per month, a residence permit can be issued instead of a tolerated stay permit. If you receive state support, e.g. for accommodation, you will most likely be granted a tolerated stay for training purposes (learn more).
6. Application for residence for integration reasons to the Hardship Commission (Härtefallkommission)
If you and your family are well integrated into German society, i.e. have a good command of the German language and are able to support yourself without receiving state support, you can apply for a residence permit from the Hardship Commission. It is very important that you can prove that you have at least A2 or higher German language skills and that you are working and do not require financial support from the state (learn more).
7. Second asylum
A second asylum application can be submitted if new evidence emerges within three months of the conclusion of the asylum procedure that could be favorable to your case. For example, in health cases, new medical certificates may be submitted that were not submitted in the first asylum procedure. An inability to travel issued by a doctor in Germany could also be a basis for a second asylum application.
8. Family residence (German spouse or children)
If you have a German or European spouse or a spouse from a third country with a residence permit in Germany, you can apply for a residence permit for family reunification. This also applies if the person has German or European minor children or children of persons with a German residence permit.
9. § Section 25.5 of the German Aliens Act
If it is not possible to leave the country for legal or factual reasons and the person has had a tolerated stay for at least 18 months, they can apply for a humanitarian residence permit in accordance with § 25 Para. 5 AuslG. Prerequisites:
- You are required to leave the country and have had a tolerated stay for at least 18 months
- Passport and clear identity
- Your departure is not possible for legal or factual reasons and the obstacles to departure are not likely to be removed in the near future
- A residence permit can only be issued if the obstacles to departure are not the fault of the foreigner themselves.
10. Residence for well-integrated (young) adults (§ 25a AuslG)
An adolescent or young adult foreigner who holds a residence permit under Section 104c or has been in possession of a tolerated stay for at least twelve months will be issued a residence permit if:
- The person is 27 years of age or younger. The application for a residence permit must be submitted before the age of 27
- has resided in the Federal Republic of Germany for three years without interruption with a right of asylum, a tolerated stay permit or a residence permit,
- has successfully attended school in the Federal Republic of Germany for three years or has acquired a recognized school or vocational qualification,
- It must appear to be guaranteed that the person can integrate into the living conditions of the Federal Republic of Germany on the basis of their previous education.
- In addition, there must be no concrete evidence that the foreigner is not committed to the free and democratic basic order of the Federal Republic of Germany.
- No criminal acts
11. Residence for well-integrated adults (§ 25b AuslG)
Foreigners who have integrated well into German society can be granted a residence permit under certain conditions if they are able to secure their livelihood primarily through work. Prerequisites:
- The foreigner has been living in Germany for six years or, in the case of dependent children, for at least four years
- The foreigner has a valid tolerated stay permit
- The foreigner has a good knowledge of German, generally at least level A2
- The foreigner has a job and earns enough not to be dependent on state social benefits
- The foreigner has a passport and his identity has been clarified
- He knows and accepts the German democratic order
- He has his documents in order, in particular his passport and tolerated stay permit
- He has not committed a criminal offense in Germany and has not been banned from entering or leaving the country.
