Since the fall of the Assad government, I, as an asylum lawyer, have received numerous inquiries from Syrian refugees concerned about their residency status in Germany. Many are concerned: What do these political developments mean for their future lives in Germany? Should they consider returning to Syria? Will residence permits with international protection be revoked? Can we expect asylum applications to be rejected across the board in the future? Are deportations imminent?
The current political debate about returns to Syria is causing uncertainty among many affected individuals. Refugees from Syria should address their legal situation early on in order to best secure their residency rights for the long term.
In this article, as a lawyer specializing in asylum and residence law, I will give you an overview of the most important questions regarding residence permits, possible deportations, and the chances of permanent residency or naturalization in Germany.
First of all, it's important to note that the suspension of the decision by the Federal Office for Migration and Refugees (BAMF) in the asylum procedure does not mean a rejection of the asylum application or immediate deportation. During this period, the protection status remains in place in the form of a so-called residence permit, which must be regularly renewed by the responsible immigration authority. This means that the affected individuals are not required to leave the country and are not currently at risk of deportation.
The BAMF is legally obliged not to postpone asylum decisions indefinitely.
According to Section 24 Paragraph 5 of the Asylum Act, such a decision may be suspended for a maximum of six months.
At the latest after this deadline, the BAMF must reassess the situation in Syria and continue processing the pending asylum applications.
Those affected must be informed of the reasons for the suspension within a reasonable period of time.
Important to note: The current decision-making freeze does not apply to so-called Dublin cases.
In these cases, the BAMF continues to examine whether another European state is responsible for the asylum procedure.
Anyone who has already received protection or been registered in another EU country may have to expect to be transferred there.
For all other Syrian refugees, all that remains is to wait until the BAMF resumes the procedures.
However, if the situation in Syria becomes clearer and the BAMF still does not make a decision, it might be advisable to consider legal action.
In many cases, it is possible to request the BAMF to make a decision or, if the asylum application is rejected, to file a lawsuit in good time.
In order to improve their prospects of staying in Germany and to become independent of the uncertain situation in Syria, Syrian refugees should use the time to further integrate themselves.
Those who learn German early, take up qualified employment or begin vocational training have a better chance of obtaining a right of residence independent of asylum in the long term.
Should an asylum application be rejected outright in the future – which is currently considered unlikely – there may be opportunities to create a permanent prospect of staying in Germany through a training or employment toleration and subsequent residence permits for gainful employment (Section 18a of the Residence Act) or through good integration performance.
Schedule a consultation now! As an experienced asylum lawyer, I am available to assist you with your residency situation, explain options for securing your status, and guide you through the further process. Contact me today – by phone or using the contact form!
Following the political upheaval in Syria, many Syrian refugees in Germany are wondering what impact the new situation will have on their stay. As an asylum lawyer, I will explain what's important now and what options you have to maximize your legal status in Germany.
Syrian nationals with German citizenship
For Syrian refugees who have acquired German citizenship, there is generally no risk of deportation to Syria.
This also applies if Syrian citizenship exists in addition to German citizenship.
Syrian refugees with settlement permits
Syrian nationals who have a settlement permit in Germany are generally not at risk of losing their residence permit.
The settlement permit is a permanent residence permit that guarantees permanent residence regardless of the original granting of protection – such as refugee status or subsidiary protection.
The status remains in place even if the original reason for asylum ceases to exist.
Recognized refugees with a “Blue Passport” and a temporary residence permit
The situation is different for recognized refugees with a temporary residence permit and a Blue Passport.
Due to the changed political situation in Syria, the Federal Office for Migration and Refugees (BAMF) may initiate revocation proceedings. In the worst case, these proceedings could lead to the revocation of refugee status.
However, this does not automatically mean the loss of the right of residence in Germany.
Revocation of refugee status is only permissible if the conditions in Syria have improved significantly and permanently (Section 73 (1) Asylum Act).
Currently – despite the fall of the Assad regime – the situation in Syria remains uncertain and confusing.
Therefore, withdrawal procedures on a large scale are not to be expected at present, unless there are concrete indications of an individual reason for withdrawal.
What refugees can do now to secure their stay
Refugees with a temporary residence permit should check whether they meet the requirements for a settlement permit.
This ensures residence in Germany regardless of refugee status.
Those who do not yet meet these requirements may be able to apply for an additional residence permit, for example on the basis of qualified employment or successful completion of vocational training.
If the BAMF initiates revocation proceedings and announces the revocation of refugee status, there is no reason to panic.
There is a regulated procedure: After receiving the hearing, those affected have one month to submit a statement (Section 73b Paragraph 6 of the Asylum Act).
Only then will the BAMF make a decision. It is strongly recommended that you seek independent advice from an asylum lawyer upon receiving a hearing.
Revocation does not automatically mean deportation
Even if the BAMF revokes the refugee status, it subsequently checks whether subsidiary protection or a ban on deportation applies under Section 73b Paragraph 2 of the Asylum Act.
This means that even after a revocation, refugees can still obtain the right to remain in Germany.
Revocation procedures are complex, time-consuming and often take months or even years, especially when carried out on a large scale.
In the event of a revocation, there is the possibility of filing a lawsuit before the administrative court.
This action has a suspensive effect (Section 73b Paragraph 7 of the Asylum Act in conjunction with Section 75 of the Asylum Act), meaning that no deportation may take place until a court decision has been made.
Staying in Germany remains permitted during this period, even if the residence permit has formally expired, provided that an extension has been applied for in good time (Section 81 (4) of the Residence Act).
What can happen in the worst case
If an appeal against the revocation is unsuccessful and neither subsidiary protection nor a ban on deportation is established, the residence permit will no longer be extended.
In this case, the person is threatened with an obligation to leave the country. If this obligation cannot be fulfilled, for example because repatriation to Syria is not possible, the person may be granted a temporary suspension of deportation or a border crossing certificate.
Theoretically, deportation could also be threatened if the political situation allows deportations to Syria again – which, however, is currently not foreseeable.
Impact on family members
Revocation of refugee status can also have consequences for family members who derive their residence through family asylum or family reunification.
Revocation procedures can also be initiated here.
Therefore, those affected should seek legal advice at an early stage in order to ensure security for themselves and their families.
Get personalized advice now! As a lawyer specializing in asylum and residence law, I will assess your personal situation and support you in taking the right steps in a timely manner. Schedule an appointment today – I will provide you with discreet, competent, and targeted advice.
Following the fall of the Assad regime, many Syrian refugees in Germany are wondering what impact the political changes in Syria will have on their subsidiary protection status and their residence permit under Section 25 Paragraph 2 of the Residence Act (AufenthG).
Revocation of subsidiary protection status: When is this possible?
Similar to the case of recognized refugees, the Federal Office for Migration and Refugees (BAMF) can initiate a revocation procedure for persons with subsidiary protection.
However, the prerequisite for this is that the situation in Syria has changed significantly and permanently (Section 73 (2) Asylum Act).
It must be ruled out that a return to Syria will cause serious harm.
Under current law, the overthrow of Assad alone is not sufficient to justify a revocation.
The situation on the ground remains unstable and confusing.
For this reason, imminent or mass revocation procedures are not currently to be expected.
When must beneficiaries of subsidiary protection expect revocation proceedings?
Should the situation in Syria stabilize in the future, persons entitled to subsidiary protection must expect that the BAMF could initiate more frequent revocation checks.
Whether this will happen across the board or only in individual cases is currently unclear.
I therefore recommend that you seek individual legal advice at an early stage.
This makes it possible to clarify whether the requirements for a settlement permit or a residence permit independent of asylum are already met – for example through qualified employment or completed vocational training.
Post from BAMF: What to do if a revocation is announced?
If persons with subsidiary protection receive a letter from the BAMF announcing revocation proceedings, there is no reason to panic.
In this case, there is the possibility of submitting a statement within one month (Section 73b Paragraph 6 of the Asylum Act).
This deadline should definitely be used to respond in a well-founded manner to the concerns of the BAMF – ideally with the support of a lawyer specializing in asylum and residence law.
Even if the BAMF revokes subsidiary protection, it must still be examined whether the conditions for a ban on deportation exist (Section 73b (2) Sentence 2 of the Asylum Act).
In view of the catastrophic humanitarian situation in Syria, at least a ban on deportation will have to be imposed on many of those affected.
Revocation of protection status does not mean the end of the right of residence
Revocation of subsidiary protection does not automatically result in an obligation to leave the country.
Often a ban on deportation is established, which still entitles the person to legal residence in Germany.
Otherwise, it must be examined whether residence rights independent of asylum are possible.
Important: Impact on family reunification
A revocation of subsidiary protection can also have consequences for family members.
Anyone who has obtained their residence permit through family asylum or family reunification must expect an independent revocation procedure as soon as the protection status of the original beneficiary is revoked.
Therefore, the situation of the family members should also be taken into account in every consultation.
Legal remedies against revocation: action and suspensive effect
In the event of a revocation notice, it is possible to file an action before the administrative court.
Such an action has a suspensive effect (Section 73b (7) Asylum Act in conjunction with Section 75 Asylum Act).
This means that until the court decision, residence in Germany remains legally secure, even if the residence permit has formally expired, as long as an extension has been applied for in a timely manner (Section 81 (4) of the Residence Act). A relapse into a tolerated status is not to be feared at this stage.
Worst-case scenario: What happens if all legal remedies fail?
If the appeal is unsuccessful and the BAMF does not grant subsidiary protection or a ban on deportation, the residence permit will end upon its expiry.
In this case, they face the threat of being required to leave the country. If those affected cannot leave voluntarily, they may be issued with a temporary suspension of deportation.
Theoretically, deportation would then be possible, provided that it were even feasible to Syria – which is difficult to assess at the moment.
Regardless of their current protection status, those granted subsidiary protection should actively work to secure their long-term prospects in Germany. This includes, in particular:
Acquiring the German language
Completion of vocational training or studies
Taking up qualified employment
Applying for a settlement permit once the requirements are met
These steps increase the chances of obtaining a residence permit that is independent of asylum and can secure long-term prospects of staying in Germany – even if the decision in the revocation procedure is negative.
Get personalized advice now! As a lawyer specializing in asylum and residence law, I will assess your personal situation and support you in taking the right steps in a timely manner. Schedule an appointment today – I will provide you with discreet, competent, and targeted advice.
In addition to refugee status and the granting of subsidiary protection, some Syrian refugees in Germany have a temporary residence permit under Section 25, Paragraph 3 of the Residence Act. This is granted if the Federal Office for Migration and Refugees (BAMF) has determined that they are barred from deportation. The legal situation for this group is complex, and various situations exist: Some Syrians have a deportation ban specifically with regard to Syria, while others have been granted one with regard to another European country where they were previously granted international protection, for example.
Why act now? Early advice on securing residency is crucial.
Even for people with a residence permit based on a ban on deportation, it is advisable to make early efforts to secure long-term residence in Germany.
A deportation ban is often only a temporary solution and can, if necessary, be reviewed and revoked by the BAMF – especially if the circumstances in the country of origin or in the countries affected by the deportation ban change.
Therefore, those affected should have it checked whether they already meet the requirements for a settlement permit or could meet them in the near future.
The settlement permit offers a permanent residence permit and thus significantly more security and planning perspectives – regardless of the original granting of protection.
Alternative ways to secure a stay in Germany
Anyone who does not currently meet the requirements for a settlement permit should still take action.
Qualified vocational training or permanent employment in a qualified profession can already open up opportunities to apply for a residence permit independent of the deportation ban.
These titles can be granted, for example, on the basis of employment as a skilled worker (Section 18a or Section 18b of the Residence Act) or through special integration services.
What happens in case of revocation?
If the BAMF decides in the future that the conditions for the ban on deportation are no longer met, the residence permit may be revoked in accordance with Section 25 (3) of the Residence Act.
Those affected should therefore exhaust all possibilities at an early stage to secure independent residence permits.
This applies even more to families whose members were derived from the protection status or the deportation ban of the primary beneficiary.
In these cases, too, subsequent decisions could be made.
As a lawyer specializing in asylum and residence law, I am at your side to secure your long-term prospects for residency. I will assess your individual situation, show you concrete paths to obtaining a settlement permit or an independent residence permit, and accompany you through all procedures – from the official application to, if necessary, the enforcement of your rights in court.
A large number of Syrian refugees in Germany have a residence permit pursuant to Section 23, Paragraph 1 or 2 of the Residence Act (AufenthG). These residence permits are based on federal or state reception programs that provide humanitarian protection for Syrian refugees.
No acute danger to the residence permit – but action is needed for extension
Given the continuing catastrophic humanitarian situation in Syria, there is currently no immediate danger that the residence permits of persons with a status under the federal or state reception programs will not be extended.
However, it is uncertain how the situation might develop with future extension applications.
Important: Even in the case of uncertain political developments, affected persons should submit their application for an extension of their residence permit in good time – ideally several months before the expiry date.
If the application for an extension is submitted in a timely manner, the residence permit remains legally secure even after the expiry of the original permit, as a so-called fictitious effect occurs (Section 81 Paragraphs 4 and 5 of the Residence Act).
During this phase, the immigration authorities issue a fictitious certificate that secures continued residence.
This prevents a relapse into tolerated status or even the obligation to leave the country.
If the immigration authorities indicate during your application that they may not grant an extension of your residence permit, you should immediately seek individual advice from a lawyer. This consultation can examine the following:
Whether humanitarian reasons continue to exist within the meaning of the admission program
Whether a change to another residence permit is possible, for example a settlement permit or a residence permit based on employment or training
What requirements still need to be met
Those who are well integrated, have qualified vocational training or are working as a skilled worker can often become independent of the insecure situation in their country of origin and apply for a residence permit that does not require asylum.
Loss of residence permit without timely renewal: These risks exist
If the application for an extension is not submitted on time, the country may be required to leave the country after the residence permit expires.
In this case, only a toleration stay remains, and in the worst case, deportation could take place if there is a political possibility of deportation to Syria.
Although in hardship cases there is the possibility that the immigration authorities may order the continued validity of the residence permit despite a late application for extension (Section 81 (4) Sentence 3 of the Residence Act), those affected should not take this risk.
If the authority rejects the application: What rights do those affected have?
Before the immigration authorities make a decision on the rejection of the extension, the persons concerned must be heard (Section 77 (1) Residence Act in conjunction with Section 28 (1) Administrative Procedure Act).
At this point at the latest, sound legal advice is essential in order to present arguments in a timely manner and to identify possible alternatives.
If the extension is nevertheless refused, it is possible to file an appeal with the administrative court.
However, such an action has no suspensive effect (Section 84 (1) No. 1 Residence Act).
This means that during the court proceedings there is a risk of relapse into tolerated status – in extreme cases even deportation, provided this is politically and actually feasible.
As a lawyer specializing in asylum and immigration law, my services include support in extending your residence permit in accordance with Section 23 of the Residence Act. I will work with you to determine which alternative residence permits are appropriate for your case. I will provide you with competent and discreet support throughout the administrative process and, if necessary, also during legal proceedings.
Syrians who currently only have a temporary suspension of deportation (Duldung) in Germany find themselves in a state of legal uncertainty. A temporary suspension of deportation means that the person in question is required to leave the country, but deportation has been temporarily suspended. For many Syrian refugees, this status has been relatively stable for years, as no deportations took place due to the dangerous security situation in Syria. However, with the possible end of the Assad regime, this could change in the future.
It is currently unclear whether, when and to what extent deportations to Syria will be possible again.
Although the political discussion on returns has already begun, the actual implementation is extremely complex.
In addition to political decisions, the possibility of deportation depends heavily on individual circumstances.
The introduction of rapid or mass deportations currently appears rather unlikely, but cannot be ruled out in the long term.
Under certain conditions, people with a temporary suspension of deportation can also apply for a residence permit. Examples include:
Good integration in Germany (e.g. language skills, employment)
Start or successful completion of vocational training
Employment as a skilled worker in a qualified profession
Long-term residence in Germany with demonstrable integration achievements
Since every life situation is individual, a personal examination by an experienced lawyer specializing in asylum and immigration law is crucial.
Together I can clarify what options exist to switch from a tolerated status to a residence permit and thus permanently end the obligation to leave the country.
A personal perspective on a safe and legal life in Germany often depends on taking the right steps early on.
Especially with regard to possible political changes, I recommend not waiting but taking action.
As a lawyer specializing in asylum and residence law, I will assist you in clarifying your residency situation and assess whether a change from a temporary suspension of deportation to a residence permit is possible. I will competently guide you through the entire process and work to ensure that you have realistic prospects of staying in Germany.
The current political developments in Syria have no direct impact on family reunification in Germany.
Syrians with recognized protection status in Germany continue to have the legal rights to family reunification that have existed up to now.
Nevertheless, family reunification represents a considerable challenge for many affected parties: long waiting times, bureaucratic hurdles and uncertain procedures make it difficult to bring relatives safely to Germany.
In particular, in the case of ongoing or impending revocation proceedings, the unclear legal situation can further jeopardise family reunification.
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