Asylum and Right of residence for people with disabilities
What are my rights as a refugee with disability?
Arriving in Germany and going through the often tedious asylum procedure is difficult for all refugees. Refugees with disabilities usually have to face additional challenges. Here you can find out what rights and opportunities you have as a refugee with disabilities in Germany.
You can find general information about living with a disability in Germany and available support options at handbookgermany.
What do I need to know?
As a result of your disability, you are considered to be a "particularly vulnerable" individual entitled to special rights. When registering as an asylum seeker, inform the BAMF staff about your particular condition. If needed, you have the right to be accommodated in special housing facilities. Furthermore, you are entitled to adequate medical care. You may also receive extra financial aid because of your special needs. Seek help from a social worker in your housing facility or a counselling centre, in case the staff in the initial reception centre cannot provide you with the assistance you need.
For example, you can contact Handicap International - Crossroads. They offer free telephone counselling specifically for refugees with disabilities and their relatives– in English, Arabic, Russian and Ukrainian. Interpreters can be arranged for other languages.
You can find other counselling centres in your area using the BAMF-Navi. To do so, enter your postcode or the name of your place of residence and select ‘Asylum procedure advice’ as the type of counselling centre. You can also search for an counselling centre in your federal state at proasyl.de. In addition, a Refugee Council or Pro Asyl can offer you support. You can find the refugee council responsible for you at fluechtlingsrat.de. You can contact Pro Asyl at the email address beratung@proasyl.de in English and German.
Disability alone is not considered as a sufficient reason to seek asylum, refugee status or subsidiary protection in Germany. However, if you are persecuted because of your disability, then you may be granted asylum or refugee status. If you are treated inhumanely in your home country as a result of your condition, you may be granted subsidiary protection regardless of the severity of your disability- the determining factor for the asylum procedure is that you are persecuted or badly treated because you have a disablity. If this applies to you, make sure to seek advice from a counselling centre or lawyer. For more information check out Asylum Procedure.
You can find an advice centre near you using the BAMF-Navi. To do this, enter your postcode or the name of your place of residence and select ‘Asylum procedure advice’ as the type of advice centre. You can also search for an advice centre or solicitors in your federal state at proasyl.de. In addition, a Refugee Council or Pro Asyl can offer you support. You can find the refugee council responsible for you at fluechtlingsrat.de. You can contact Pro Asyl at the email address beratung@proasyl.de in English and German.
If you need regular medical care and cannot acquire it in your home country, the BAMF may issue a national ban on deportation. With a national deportation ban, you will be granted a residence permit for one year. Such a permit can be extended if your personal situation or the situation in your home country does not improve.
If you do not need medical attention, but cannot work because of your disability, and neither the state in your home country nor your family supports you, you may be issued a national ban on deportation. With a national ban on deportation, you will be issued a residence permit for one year. Such a residence permit can be extended if your personal situation or the situation in your home country does not improve. You can find more information about the ban on deportation and residence permits under Section 25 (3) of the Residence Act at handbookgermany.de.
During the asylum procedure, the BAMF will check whether you are entitled to a national ban on deportation. Keep in mind that you should bring all your German and foreign medical and hospital certificates to the hearing at BAMF. In addition, the BAMF will check the situation in your home country and your prospects there. It’s best to seek advice from a counselling centre or a lawyer in advance.
You can find out more about it under ‘Asylum procedure’.
You can search for a counseling centre near you using the BAMF-Navi. To do so, enter your postcode or the name of your place of residence and select ‘Asylum procedure advice’ as the type of counselling centre. You can also search for an counselling centre or lawyer in your federal state at proasyl.de. In addition, a Refugee Council or Pro Asyl can offer you support. You can find the Refugee Council responsible for you at fluechtlingsrat.de. You can contact Pro Asyl at the email address beratung@proasyl.de in English and German.
The German state supports people with disabilities to compensate for their disadvantages due to their conditions; this is called "Nachteilsausgleich" or "disadvantage compensation". However, to benefit from state support, you must first register for a "Schwerbehindertenausweis" or "Disability Card." You can find out more at handbookgermany.de.
You can also apply for such a card during your asylum procedure or despite having "Duldung." However, if your asylum procedure is ongoing, the validity of your disability card depends on the validity of your residence permit. If your residence permit expires, your disability card is no longer valid.
The same principle applies to persons with “Duldung”: the validity of the severely disabled person's card is linked to the duration of the “Duldung”. Since “Duldung” is usually only issued for a short period of time and often have to be extended, the severely disabled person's card must also be renewed each time. In some cases, this may mean that you temporarily lose access to certain government benefits. Good to know: In a circular issued in 2021, the BMAS points out that it is possible to issue the severely disabled person's card independently of the duration of your “Duldung”. However, many authorities do not comply with this. Please refer the respective office in charge of your case to the letter.
You can also contact a counselling centre, such as Handicap International - Crossroads. They offer free telephone counselling specifically for refugees with disabilities and their relatives– in English, Arabic, Russian and Ukrainian. Interpreters can be arranged for other languages. In addition, there is the supplementary independent participation counselling service (EUTB) for people with disabilities. The counselling is offered in German.
A settlement permit (“Niederlassungserlaubnis”) is a permanent residence permit.
In principle, you cannot obtain a permanent residence permit as long as you depend on financial help from the Social Welfare Office. However, if you have a disability, it can be considered as a reason for exemption: if your disability is the reason why you cannot work, you can still obtain a permanent residence permit.
However, you must be able to prove your incapacity for work with certificates from doctors and/or an assessment from the Jobcenter.
In addition, there are further facilitations regarding the settlement permit. You do not have to meet certain requirements. If it is not possible due to your disability, you do not need to:
- Proof of German language skills
- knowledge of the legal and social system and living conditions in Germany (‘Leben in Deutschland’ test)
However, you must also prove it with certificates from doctors.
Further information on settlement permits for refugees is available at handbookgermany.de.
Important
Further important information can be found under ‘Asylum procedure’. More information on the subject of people with disabilities can be found at handbookgermany.de.
