Germany Refugee | PathVisas

Introduction to Refugees and Their Types

A refugee is someone forced to leave their home country due to a well-founded fear of persecution or harm. This persecution may stem from reasons such as race, religion, nationality, political opinion, or membership in a specific social group. Recognized under international law, refugees are people who cannot return safely to their country of origin and seek protection in a different nation. The 1951 United Nations Refugee Convention, along with its 1967 Protocol, defines the rights of refugees and the obligations of the countries that offer them asylum.

Convention Refugees: These are individuals who meet the definition outlined in the 1951 UN Refugee Convention. They have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group. Canada uses this definition to assess eligibility.

Persons in Need of Protection: In Germany, a person who may not strictly meet the criteria of a “refugee” but still faces severe risks upon return to their home country (e.g., torture, risk to life) may qualify as a person in need of protection.

Internally Displaced Persons (IDPs): Unlike refugees, IDPs have not crossed an international border but are forced to flee their homes due to conflict, persecution, or natural disaster. They remain under the jurisdiction of their country, lacking the same international protections as refugees.

Types of Refugee's In Germany

Who is eligible

To apply for asylum in Germany, applicants must demonstrate a well-founded fear of persecution due to:

Race, religion, nationality, political opinion, or membership in a particular social group.

Applications may be made directly upon arrival in Germany, typically through the Federal Office for Migration and Refugees (BAMF), either at designated reception centers or while in the country. Eligibility is determined by German and EU regulations, including the Dublin Regulation, which requires asylum seekers to apply in the first EU country they entered.

Time to get decision

Processing times for refugee claims in Germany vary depending on the complexity of each case and the number of applications being processed. In general, applicants receive a decision within 6 to 12 months. Delays may occur, especially if additional documentation or further assessment is required.

Cost

There are no fees for filing an asylum claim with BAMF. However, asylum seekers may need legal assistance during the interview or appeals process. Pathvisas assists by connecting clients with experienced legal professionals who provide affordable services.

Approved claimants may receive one of the following statuses:

Refugee Status: Grants a three-year residence permit, renewable based on conditions, with a pathway to permanent residency.
Subsidiary Protection: Provides a one-year renewable permit for those facing serious harm but not qualifying as refugees.
Humanitarian Protection: Grants short-term residency on humanitarian grounds, typically for those facing particular hardships in their home country.

After meeting residence and other criteria, approved claimants may apply for permanent residency and, later, German citizenship.

In Case of Approval

Asylum seekers are advised to avoid traveling to their home country during the asylum process or after gaining refugee status, as it may imply they no longer fear persecution. Such actions could jeopardize their protection status and future applications for residency or citizenship.

Restrictions

Benefits

Refugee claimants in Germany may access several benefits while awaiting their decision and, if approved, are eligible for extended services:

Work Rights: Refugees can work after a certain waiting period, depending on their status and local labor conditions.
Healthcare: Asylum seekers in Germany have access to basic medical services. Upon receiving protection status, they gain access to comprehensive public healthcare.
Housing and Financial Support: Housing in designated reception centers is provided, and financial assistance covers basic living expenses until a decision is made.
Education: School-aged children of asylum seekers can attend public schools, and adult claimants may access language and integration courses.

How Pathvisas Can Help

Pathvisas provides expert support at each stage of the German asylum process, maximizing each client’s chance of success:

Eligibility Assessment: Our team evaluates clients’ eligibility based on Germany’s current asylum policies.
Document Assistance: We assist in gathering, organizing, and submitting the required documents, ensuring each claim is complete and compelling.
Legal Representation: Pathvisas partners with qualified German lawyers who represent clients in BAMF interviews, court appeals, and other necessary hearings.
Post-Decision Support: Whether the claim is successful or requires further action, Pathvisas assists clients with navigating appeals or transitioning to residency and citizenship.

By keeping up-to-date with Germany’s immigration policies, Pathvisas provides tailored, knowledgeable support to help clients secure a favorable outcome in their refugee claim.

Decision

Approval:

Successful applicants receive either asylum status or subsidiary protection, both of which permit residence and work rights in Germany.

Refusal:

In the event of refusal, applicants can:
- Appeal the decision through the Administrative Court (Verwaltungsgericht), usually within 2 weeks of receiving the denial notice.
- File for Judicial Review: If the court denies the appeal, a judicial review can be requested in cases where procedural fairness is questioned.
For those facing deportation, emergency protections may apply in cases of sudden danger or persecution.

In Case of Refusal

If the claim is refused, several avenues for further action are available:
Administrative Court Appeal: Applicants may appeal within two weeks of the refusal. A court hearing will be scheduled to reassess the case.
Higher Court Appeals: If the administrative appeal is unsuccessful, further appeals may be filed with higher courts, provided there are legal grounds to contest the decision.
Voluntary Return Assistance: If all appeals fail, Germany provides assistance for voluntary return to the home country. Pathvisas can help evaluate options and prepare documents for appeals or other viable pathways.

Step 1: Registration and Initial Reception (1-3 days)

Asylum seekers register at a reception center, where they are fingerprinted, photographed, and assigned a temporary residence permit.

Applicants officially file their asylum claim with the Federal Office for Migration and Refugees (BAMF). They are then given an interview date.

Approval: Successful claimants are granted asylum status or subsidiary protection, allowing them to reside and work in Germany.
Refusal: If denied, applicants may appeal through the German courts within the specified timeframe.

Step 2: Application at BAMF (within 1-2 weeks)

Step 4: Decision

Step 3: Personal Interview (2-3 months after application)

During the BAMF interview, claimants provide details about their experiences, reasons for persecution, and supporting evidence.