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What is § 25(5) AufenthG?
Section 25(5) of the German Residence Act (AufenthG) provides the option to grant a temporary residence permit to a person who cannot currently be deported for factual or legal reasons, even though the person is neither recognized as a refugee nor holds a separate humanitarian residence status.
The purpose is: to offer an organized legal solution instead of keeping someone on a long-term Duldung (tolerated stay) when deportation is not possible for a long time or permanently.
When can a residence permit under § 25(5) be granted?
1. There is a real obstacle preventing deportation, such as:
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A serious illness making travel or living in the country of origin medically impossible.
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No passport, or the home country refuses readmission despite proven efforts.
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Risk of severe human-rights violations upon return, without necessarily meeting full refugee criteria.
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A child attends a German school and the family situation has been stable for years.
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Long delays caused by the authorities themselves, without the person being responsible.
2. The obstacle must not be the person’s own fault
For example, someone who intentionally refuses to obtain a passport or hides their identity is generally excluded.
What does this residence permit provide?
| Right | Available under § 25(5) |
|---|---|
| Legal residence permit | Yes, usually for 1 year |
| Work | Yes, with approval by the Ausländerbehörde (often permitted) |
| Education/Studies | Yes |
| Health insurance | Yes, within the regular system |
| Social benefits | Yes, under SGB XII |
| Family reunification | Possible, under strict conditions |
| Path to permanent residence | Possible after 5 years if conditions continue and integration is achieved |
Is it permanent residence?
No. It is a temporary permit, typically issued for one year initially, but it can be renewed if the deportation obstacles continue. Over time, if integration requirements are met (language, employment, housing, clean record), it may develop into a longer-term or permanent status.
Additional requirements some federal states may request
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Evidence of real efforts to obtain travel documents (letters to embassies, proof of refusal, etc.).
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Officially documented medical evidence of illness or incapacity.
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Proof of stable family life and genuine ties with minor children.
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Proof of commitment to learning German and participating in society.
Application steps
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Contact the Ausländerbehörde and submit a written application explaining the reasons.
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Attach supporting documents (medical reports, embassy correspondence, school certificates, housing contracts, etc.).
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The case is reviewed to confirm the legality of the reasons and the living situation.
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If approved, the permit is issued for the first year and can be renewed.
When can it be refused even if deportation is currently impossible?
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If the person actively obstructs deportation (hiding identity, forged papers, refusing embassy appointments).
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If criminal offences are on record.
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If the obstacle is only very short-term (only weeks or a few months).
Difference between § 25(5) and Duldung
| Comparison | § 25(5) | Duldung |
|---|---|---|
| Legal status | Official residence permit | Only a temporary suspension of deportation |
| Access to work | Often easier | Often restricted or temporarily prohibited |
| Counts toward permanent residence | Yes | No |
| Legal security | Higher | Lower, can be withdrawn quickly |
Conclusion
A residence permit under § 25(5) AufenthG can provide dignity and stability when deportation is not possible for a long period. However, it requires clear and convincing evidence and full cooperation with the authorities.
Disclaimer: The site’s writers and editors aim to provide accurate information through extensive research and reviewing multiple sources. However, mistakes may occur or some information may be unconfirmed. Please treat the content as initial guidance and always consult the competent authorities for confirmed information.
