§ 23 AufenthG: Granting of Residence by the Supreme State Authorities; Admission in Cases of Particular Political Interest; Resettlement of Persons Seeking Protection

Section 23 Residence Act: Residence granted by the highest state authorities and in cases of resettlement

This section sets out four different ways you can get a residence permit or an admission commitment. In all four cases, an authority decides through a special order.

Path 1: Order by the highest state authority

The highest state authority of a federal state may order that foreign nationals from certain countries, or certain groups of foreign nationals, receive a residence permit. This is a discretionary rule (a "can" rule): the authority decides for itself whether to issue such an order. There is no guarantee.

Reasons for such an order can be:

• reasons under international law
• humanitarian reasons
• the political interests of the Federal Republic of Germany

The order may specify: you must submit a declaration of commitment (Verpflichtungserklärung) under Section 68. This means: another person commits to covering your living costs.

So that the federal states act consistently here, the order requires the agreement (das Einvernehmen) of the Federal Ministry of the Interior, Building and Community. Without this agreement, the state authority may not issue the order.

The residence permit issued under this order does not allow you to work. So you may not work with this permit. Exception: the order may specify that the residence permit does allow work after all. It may also specify that work can be permitted under Section 4a (1).

Path 2: Order by the Federal Ministry of the Interior, Building and Community

The Federal Ministry of the Interior, Building and Community may also issue an order. This is only possible to safeguard especially important political interests of the Federal Republic of Germany. This, too, is a discretionary rule (a "can" rule): the Ministry decides for itself.

For this order, the Ministry consults with the highest state authorities (Benehmen).

The order states: the Federal Office for Migration and Refugees gives foreign nationals from certain countries, or certain groups of foreign nationals, an admission commitment.

A preliminary proceeding under Section 68 of the Code of Administrative Court Procedure does not take place in these cases.

If you have received such an admission commitment, an obligation applies: the authority must grant you a residence permit or a settlement permit matching your admission commitment. This is no longer a matter of discretion.

For the settlement permit, the authority may impose an additional condition: you must then live at a specific place of residence (a residence-restricting condition).

Path 3: Application of Section 24

The order may specify that Section 24 of this Act also applies to you, in whole or in part (corresponding application).

Path 4: Resettlement of people seeking protection (Resettlement)

The Federal Ministry of the Interior, Building and Community may issue an order as part of the resettlement of people seeking protection. Here too, the Ministry consults with the highest state authorities beforehand (Benehmen).

The order states: the Federal Office for Migration and Refugees gives an admission commitment to certain people seeking protection who have been selected for resettlement. These people are called resettlement refugees.

For these cases, the same rules as in Path 2 also apply: sentences 2 to 4 of paragraph 2 apply correspondingly. Section 24 (3) to (5) also apply correspondingly.