SPECIAL RIGHTS OF RESIDENCE (Sections 37–38A of the Residence Act)
These provisions protect certain groups of people who are particularly vulnerable or who may remain in the country for humanitarian reasons. They allow them to stay in the country even without a standard residence permit, grant rights such as work permits and social benefits, and provide legal stability in unstable life situations.
- § 37 Right of return: Protects persons who left Germany voluntarily or under duress, for example, victims of forced marriages as minors. Those concerned may return within certain time limits and obtain a residence permit if there is a positive prognosis for integration. School attendance, language proficiency and living circumstances are important factors.
- § 38 Residence for former German citizens: Regulates the possibility of return following the loss of German citizenship. Depending on the length of residence in the country, a residence permit or permanent residence permit may be issued. Family members are also taken into account; children retain German citizenship where necessary.
- § 38a Residence for persons with long-term residence rights in other EU countries: Third-country nationals with a long-term residence permit in another EU country may move to Germany under certain conditions. They must provide evidence of their existing right to long-term residence and lawful residence in the previous EU country. Family members may, as a rule, join them.
