§ 22 AufenthG: Admission from Abroad

This section regulates how you can be admitted to Germany from abroad.

Case 1: The authority can give you a residence permit. This is possible for two reasons. Reason one: reasons under international law. These are reasons based on international law. Reason two: urgent humanitarian reasons. These are urgent reasons of humanity. The authority decides your case itself. This is discretion. In this case, you do not have a fixed legal entitlement to the residence permit.

Case 2: The authority must give you a residence permit. This is a duty, not discretion. This duty applies only under one condition. The condition: a specific body has declared your admission. This body is the Federal Ministry of the Interior, Building and Community. Or it is another body that the Federal Ministry of the Interior, Building and Community has designated for this purpose. The declaration must serve a specific purpose: safeguarding the political interests of the Federal Republic of Germany. This means: your admission serves important political interests of Germany. If this declaration exists, the authority must give you the residence permit.