Migration law

The Hardship Commission is an office or institution made up of a group of prominent personalities (e.g. doctors, professors, artists, high-ranking church representatives, etc.) who can decide on applications from foreigners to stay in Germany for urgent humanitarian or personal reasons. 

The commission decides on a case-by-case basis for humanitarian reasons and checks whether the foreigner and their family are integrated and have strong social, professional, educational, personal etc. ties to Germany. ties to Germany. The application can only be submitted if the foreigner is already required to leave the country, i.e. if a tolerated stay has been granted.

The commission concentrates in particular on assessing the living conditions of the foreigner and his/her family in Germany, i.e. it is not a question of assessing possible dangers threatening people in their country of origin, but of assessing individual living/family conditions. The social, educational and professional integration of the person and their rootedness in the local society (community or city) are decisive for the Commission's assessment of the case.

The Commission examines whether the person and their family may suffer individual harm if they are deported from Germany. The harm consists of the person losing all their integration efforts, such as learning the language or taking up employment and establishing social and lively relationships in Germany.

If the Commission comes to the conclusion that the person is actually at risk of harm as a result of being forced to leave the country, it can issue a residence permit. The more deeply rooted the person is and the stronger their social and emotional ties to the local society, the greater the harm that would be caused to the person or their family by leaving the country.

The application must state how the maintenance, including health insurance, of the foreigner and the family is to be ensured. If the person or family has no earned income and is dependent on state support, the reasons for this must be explained. For example, lack of work permit, age, illness, raising children, etc. You must provide evidence of this situation, i.e. your inability to work.

Integration into German society is always called into question if the foreigner has not been in Germany for long and has not been able to support himself and his family through work.

  Petition requirements - Federal State of Lower Saxony
  Petition requirements - Federal State of Saxony

• The identity of the foreigner must be clarified and they must be in possession of a valid passport.
• The person must be staying in Germany and their whereabouts must be known.
• The person must be required to leave the country, i.e. they must be able to identify themselves in Germany with a tolerated stay permit.
• A date for deportation has not yet been set.
• Detention pending deportation has not yet been ordered.
• There is no interest in deportation
• The applicant has German language skills of at least A2 level. If there is no proof of language skills, this requirement can be met if the foreigner works in German. It should be noted that the Commission may reject the application if the foreigner does not provide proof of German language skills.
• The person is employed or is undergoing vocational training.
• The applicant is able to support himself or herself without being dependent on state support.
• He or she has established a social environment and relationships with German society.
• The foreigner has not committed any serious criminal offenses in Germany.

Note: The Saxon Hardship Commission does not require that the foreigner has already been in Germany for a certain period of time. The decisive factor is that the person has a high degree of integration.

Documents required to support the petition

In general, all documents that support, prove and describe the social, educational and professional integration of the person or family into German society are of great importance. (It is not necessary that you have all these documents, but the more documents and evidence you can provide, the better you will be able to support your application):

• Identification document (tolerated stay permit or identity card)
• Enrollment and attendance of children at kindergarten and/or school (if applicable)
• Certificate of employment
• The last three payslips from your employment contract (payslip)
• Health insurance card
• Social security card
• Tenancy agreement
• Applications or applications for a job or training position as well as proof of rejection of such applications (if the person is not working)
• Certificates of participation and involvement in community, voluntary, honorary and solidarity activities
• Certificates of membership of social, sporting, humanitarian or cultural associations or groups
• Certificates of professional experience
• References as well as family and social ties
• Certificates of proficiency in the German language
• Certificate of living in Germany (if applicable)
• References, recommendations, statements or advice from schools, associations, employers, church congregations, etc.
• Personal opinions or recommendations from friends, neighbors and other persons or relatives associated with the petitioners
• Reports in community magazines or newspapers about the petitioner's involvement or connections to their community.  
• Positive feedback from local authorities is also very valuable and helpful.
• Copy of driver's license (if applicable)
• Other documents proving your integration in Germany
• Copy of the rejection notice of the asylum application (if applicable)

Note: All personal or professional recommendations should include the name, address, date and signature of the person(s) issuing them.

Additionally required:

• A detailed description of the person's daily activities. When they get up, what they do in the morning, when they go to work, how the working day goes, when they leave work, what they do after work, when they go to bed, what additional activities they do during the day. What are her activities and possible hobbies on days off?
• Describe in detail how your stay in Germany has gone since you arrived. How long have you been in the camp, when was the transfer, when did you start working, what studies or social activities have you done, etc.