The international legal, humanitarian and political grounds set out in Sections 22–26 of the Residence Act 

Relate to a specific category of residence permits which are issued not on economic or purely administrative grounds, but on humanitarian and political grounds, often linked to the protection of individuals from persecution or threats to life and health.

International legal grounds

The term ‘international legal’ grounds in Sections 22–26 is generally understood to refer to situations where the issue of a residence permit is based on Germany’s obligations under international law, primarily the Geneva Convention relating to the Status of Refugees and related EU legal acts. This concerns persons who require protection from persecution on political, national, religious or other grounds, which corresponds to the status of a political emigrant or a refugee.

Humanitarian grounds

Humanitarian grounds under Section 22 and subsequent provisions cover cases where a foreign national finds themselves in a particularly severe emergency situation (threat to life or health, serious illness, difficult family circumstances, etc.), and continued residence in Germany is deemed to be necessary on humanitarian grounds. Such cases require detailed supporting evidence (medical certificates, documents relating to persecution, proof of ties to Germany, etc.), as the decision is made on a case-by-case basis as an exception to the general rules.

Political grounds and interests of the Federal Republic of Germany

The political grounds set out in Sections 22–26 apply to cases where the granting of a residence permit serves the ‘political interests of the Federal Republic of Germany’, for example, when admitting groups of refugee resettlers or political emigrants under specific programmes. These grounds grant the federal government and the highest state authorities considerable discretion, but at the same time tie the granting of permits to publicly proclaimed political and legal objectives, rather than to private interests.