1. Asylberechtigung – Constitutional right to political asylum
Legal basis: Article 16a of the German Basic Law (Grundgesetz).
Who qualifies: Only people who suffered direct political persecution by the state in their country of origin.
Exception: If a person entered Germany via a safe third country (for example, an EU member state or another country classified as safe), this form of asylum is generally not granted—even if political persecution can be proven (the “safe third country” rule under Article 16a).
Duration: A residence permit for 3 years, renewable; after that, permanent residence may be possible under certain conditions.
2. Flüchtlingsstatus – Refugee status under the Geneva Convention
Legal basis: The 1951 Geneva Refugee Convention + German law Section (§) 3 AsylG.
Who qualifies: People who face persecution in their country of origin because of:
race/ethnic origin
religion
nationality
political opinion
membership of a particular social group (such as LGBTQ people or human rights activists)
Persecution does not have to come only from the state. It can also come from non-state actors (militias, tribes, parties, etc.) if the state is unable or unwilling to provide protection.
Duration: A residence permit for 3 years, renewable; after that, permanent residence can generally be requested under the applicable conditions.
Similarities
| Aspect | Asylberechtigung | Flüchtlingsstatus |
|---|---|---|
| Residence permit | 3 years | 3 years |
| Family reunification | possible (generally under similar rules) | possible (generally under similar rules) |
| Work authorization | allowed immediately after recognition | allowed immediately after recognition |
| Health insurance and housing support | available | available |
Key differences
| Point | Asylberechtigung | Flüchtlingsstatus |
|---|---|---|
| Persecutor | only the state | the state or non-state actors |
| Route of entry | not via a safe third country | possible in principle |
| Legal basis | Basic Law | Geneva Convention + § 3 AsylG |
Conclusion
Asylberechtigung is relatively rare and is granted only when a person is directly politically persecuted by the state and did not enter via a safe country.
Flüchtlingsstatus is broader and applies to the vast majority of recognized refugee cases.
Editorial note
The site’s writers and editors strive to provide accurate information through thorough research and by consulting multiple sources. However, errors may occur or some details may remain unconfirmed. Please treat the content as initial guidance and always consult the competent authorities for officially confirmed information.
