One form of protection granted to persons fleeing from harm and dire conditions is called subsidiary protection. It does not entail the same rights as an entitlement to asylum or a refugee protection status.
If you have fled or migrated to Germany, the scope of protection granted to you depends on the assessment made by the Federal Ministry of Migration and Refugees (BAMF). There are three forms of protection, the most comprehensive one being the refugee protection (see our explainer: How does the UN define a refugee?).
An entitlement to asylum means that you will receive a residence permit for three years – with the possibility of extension if you meet certain criteria like language skills and financial sustainability. Due to the influx of asylum applications in 2015 and 2016, Germany has tightened asylum law and has unveiled plans to speed up deportations of rejected asylum seekers.
Subsidiary protection - a designation under the European law- is a light version of the entitlement to asylum. It means you are only allowed to stay in Germany one year rather than three. There is, however, a possibility to apply for an extension after one year. A settlement permit is only possible after five years and if you meet defined criteria of knowledge of the German language and whether you can make a living.
With subsidiary protection, you may apply for a job – there is unrestricted access to the labor market. Family reunification is limited: You cannot apply for it due to a law imposed in March 2016. According to this, all persons with subsidiary protection have to wait two years until March 2018 before they can apply for family members to join them. (see explainer family reunification).
The prerequisite of subsidiary protection is that asylum seekers present substantial grounds that they would face serious harm in their country of origin if they were to return. The BAMF considers torture and inhumane treatment as serious harm, as well as individual threats to life, or the imposition of the death penalty. For a complete list, please refer to the BAMF website.
Infomigrants