What is a residence permit under § 23a AufenthG?
Section 23a of the German Residence Act states that the federal states may issue a collective or individual decision to grant residence to people living on their territory for humanitarian reasons or for special integration-related reasons, even if the usual legal requirements for residence are not met.
The core idea: the state intervenes politically and on humanitarian grounds to give the person a new chance to stay, despite refusal or not meeting standard conditions.
Who can obtain residence under § 23a?
People who:
had their asylum application rejected or whose legal residence has expired.
have demonstrated real integration into society (education, work, language skills, community contribution).
are in a special humanitarian situation (such as a serious illness, family in Germany, children attending school, victims of domestic or commercial violence).
cannot be deported in practice, but without a permanent legal obstacle to deportation.
Real-life examples of cases granted § 23a residence
A family whose applications were rejected, but whose children have completed advanced school levels and speak German fluently.
A person suffering from a chronic illness who needs treatment not available in their home country.
A victim of domestic violence or forced marriage who is now living in a safe shelter.
A person who has been working for years, paying taxes, and has not committed any offenses.
Who decides, and what role does the federal state play?
The final decision is made by the Ministry of the Interior of the respective federal state.
In many cases, the application is submitted via the Foreigners’ Authority (Ausländerbehörde), which communicates with the ministry and may recommend approval.
Some states issue collective decisions (for example, for certain groups of Syrians or Afghans) or individual decisions based on a clear humanitarian exception.
What conditions are usually required?
There is no uniform list, but many states commonly require:
Long period of residence: often at least 2 to 6 years
Integration: proof of language (A2 or higher), employment, education or training
Self-sufficiency: securing one’s livelihood without government benefits
No criminal record: a clean record is usually required
Proof of humanitarian circumstances: medical reports, school documents, participation certificates
Note: In special cases (children, illness, victims of violence), some conditions may be waived.
Does § 23a allow work and family reunification?
Yes, in most cases:
Work: usually permitted immediately unless restrictions are imposed.
Family reunification: possible, but under the general conditions (sufficient income, adequate housing, health insurance).
Permanent residence: may be possible after several years if the requirements for long-term residence are met (e.g., under § 25(5) or § 26 AufenthG).
Application steps
Submit a written request to the Foreigners’ Authority, explaining the humanitarian or integration-related reasons.
Attach supporting evidence (certificates, reports, proof of work or study).
Wait for the authority’s assessment and the file being forwarded to the Ministry of the Interior.
If approved, a residence permit for one year or more is issued and can be extended.
Conclusion
Residence under § 23a AufenthG is not an automatic entitlement, but a flexible legal pathway that allows federal states to give a chance to people who have proven they are part of German society or who face critical humanitarian circumstances. It is an important tool that reflects the humanitarian side of the administrative system and offers hope to individuals who were facing deportation despite genuine integration or a clear need for protection.
The website’s team of writers and editors strives to provide accurate information through extensive research and consultation of multiple sources. However, errors may occur or some information may not be fully confirmed. Therefore, please treat the content as initial guidance and always consult the competent authorities for verified and binding information.
