Asylum for Politically Persecuted Individuals as the Best Choice?

Applying for asylum as a politically persecuted person is usually a last resort due to a) the lengthy process, b) difficult living conditions until a decision is made, and c) uncertainty about being granted refugee status. Before applying for asylum in Germany, explore other possible immigration channels: Do you have a university degree or a professional qualification recognized in Germany? Is it possible (and under what conditions) to find a job? If your partner already lives in Germany, moving under family reunification may be an option. Before applying for asylum, it is advisable to study in Germany or engage in voluntary work (e.g., as an au pair).

Who is Recognized as a Refugee in Germany?

If you were forced to leave your home country due to a well-founded fear of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum under the Geneva Refugee Convention. If your country is experiencing civil war, if your poor health prevents you from leaving, or if medical treatment is unavailable in your country, you may have the right to stay temporarily in Germany.

What are the chances of being granted asylum as a lesbian/gay/bisexual/trans* person due to widespread homophobia in my home country?

Lesbian, gay, bisexual, and trans* individuals have the right to claim persecution under the Geneva Refugee Convention. However, proving your sexual orientation or gender identity alone is not a sufficient guarantee for asylum. You must demonstrate a concrete threat to your life. The Federal Office for Migration and Refugees makes decisions on a case-by-case basis based on your personal history. Your chances of success are higher if you can provide evidence of personal persecution, preferably in the form of written documentation.

What are the chances of successfully applying for asylum as a Ukrainian citizen due to the military invasion?

Ukrainian citizens have the right to highlight the danger of returning to Ukraine in accordance with the Geneva Convention on Refugee Status. However, if they apply for asylum, they must undergo the entire asylum process, with all associated restrictions. The Dublin Regulation fully applies to them.

For Ukrainian citizens and their family members who resided in Ukraine before February 24, 2022 (including in Crimea and other occupied territories) and left Ukraine after that date (or no earlier than three months before), there is an option to apply for “temporary protection” under the European Union Council Decision (EU) 2022/382 of March 4, 2022. This status can be applied for in any EU country of your choice and is granted through a fast-track process with significantly fewer bureaucratic hurdles than asylum status. The Dublin Regulation does not apply in this case. Information on applying for “temporary protection” in Germany can be found on our website under the “Migration” section.

What are the chances of successfully applying for asylum as a Russian citizen due to military operations in Ukraine?

The realistic threat of disproportionate criminal penalties for unlawful desertion or refusal to serve in armed conflicts can be grounds for asylum under the Geneva Refugee Convention. Criminal prosecution in your home country for refusing to commit war crimes can also be grounds for asylum. You may also be granted temporary residency in Germany if participating in armed conflict contradicts your beliefs.

As of late September 2022, it remains unclear what type of evidence is needed to substantiate such claims. In the case of Russian military deserters, German authorities are likely to make positive decisions. We also anticipate positive decisions for conscripts who face criminal prosecution in Russia for refusing to be deployed. However, it is difficult to predict how applications from Russian citizens who left before being drafted and did not receive a draft notice will be assessed.

Additionally, under the Dublin Regulation, Germany is only responsible for asylum applications from refugees who entered the EU with a German visa or traveled directly to Germany without transiting through another country. As of late September 2022, German authorities have not announced any plans to temporarily suspend the Dublin Regulation for Russian citizens. Refugees who entered with visas from other countries may be transferred to those countries for processing (see below).

Can Quarteera e.V. help me migrate to Germany?

Our organization is volunteer-based; we cannot help in obtaining a regular residence permit for Germany. We support people who are already in Germany due to difficult life circumstances and have applied for or plan to apply for asylum in Germany in the near future. Our assistance is purely humanitarian, and we cannot influence the decision of the German migration authorities.

In exceptional cases, in connection with the enactment of repressive laws in Russia, certain categories of at-risk activists who already have strong personal or professional ties to Germany and cannot enter the EU by other means (typically journalists, activists, politicians, individuals listed as “foreign agents,” as well as employees of “foreign agent” or “undesirable” organizations, etc.) may apply for a humanitarian visa for Germany. These visas are currently issued very rarely, and even in successful cases, processing can take several months. Our organization provides consultation to LGBTQ+ individuals about this possibility.

What should I bring with me?

In principle, a person applying for asylum does not need to carry any documents, not even a passport. However, any evidence supporting your story increases your chances of obtaining asylum. If you can document persecution—photos, videos, confirmation of a filed police report, medical certificates, or even witness statements from acquaintances—this can all be helpful. Please remember that German authorities are aware that almost any certificate can be purchased in Russia, so during the personal hearing, more emphasis is placed on your narrative rather than on documents.

Since German officials are often well-informed about the situation in Russia, you should focus on telling your personal story rather than describing the general situation in Russia. Officials may ask provocative questions about your story. Any inconsistencies or falsified documents may lead to your application being rejected.

It is also advisable to bring all documents you have. If you receive a positive decision, you will need them for your future life in Germany. Take all documents you have collected over the years, such as your birth certificate, educational diplomas (including your school diploma), divorce certificates, or certificates of name changes, if applicable.

Can I apply for asylum at the German embassy in Russia?

No. To apply for asylum, you must first enter Germany. It is not possible to apply for asylum at embassies in other countries.

Where and how can I apply for asylum in Germany?

You can apply for asylum at the Federal Office for Migration and Refugees (BAMF), which has branches in every major German city. The addresses of BAMF offices in larger German cities can be found here.

You can also ask the police for addresses. The application should be submitted as soon as possible, preferably immediately upon arrival.

During registration, your personal data will be recorded, and you will be photographed and fingerprinted. You may be asked some questions about your home country, your journey to Germany, and your relatives. An interpreter will be provided.

You will then receive an assignment to a federal state. The allocation is based on a quota system and cannot be influenced. If you have close relatives in Germany, it is crucial to inform the authorities before assignment, as changing your assigned state later is not possible. While awaiting a decision, you are required to stay in the assigned state and may only leave with special permission.

You will receive a ticket for travel to the reception center and must register there within a certain period. There, you will wait for an invitation to an interview where you must tell your personal story. The invitation to the interview will be sent to you by post. A good overview of the interview process can be found here:

• In Russian,
• In German.

If you apply for asylum at passport control at the airports in Berlin Brandenburg, Düsseldorf, Frankfurt am Main, Hamburg, or Munich, you will not be allowed to enter the country and must wait for the decision on your application at the airport.

We have children. Is it possible to bring them with us?

Minors are entitled to apply for asylum together with their parents. In Germany, a minor is considered to be anyone under the age of 16. From the age of 16, young people are treated as adults and must be interviewed independently of their parents. They will be accommodated together with their parents in a reception facility.

How long does the processing of an asylum application for politically persecuted individuals take in Germany?

It can take anywhere from several months to several years. The processing time is neither defined nor limited. It is not possible to predict the timeframe. The only option is to be patient and wait. You should regularly check your mailbox, as deadlines expire even if you do not open your letters in time. If you have a lawyer, they should definitely be informed if you move.

Is it enough to fly “directly” to Germany with any Schengen visa?

Under the Dublin Regulation, the country that issued your visa is responsible for processing your asylum application. For example, if you enter Germany with a Finnish visa (because it is easier to obtain a Finnish visa in Russia), you will be sent to Finland under the Dublin Regulation.

The same applies if you enter Germany via another EU country, Iceland, Norway, or Switzerland, or if you have already applied for asylum in one of these countries.

This means that the only direct way from Russia to Germany is a flight or a sea journey without stopovers.

Do I need a lawyer?

A lawyer is not necessarily required for the asylum procedure and the interview. However, we strongly recommend that you contact a lawyer as early as possible. Legal advice and representation can help avoid many mistakes. It is important to seek out a lawyer specializing in asylum law.

How much does a lawyer cost?

The exact fee can only be determined after an initial consultation with a lawyer. Lawyers typically charge between 50 and 100 euros for such a consultation. The final fee depends on many factors, such as the complexity of your situation, the size of your family, and whether you intend to file a lawsuit if your application is denied. Legal costs for the asylum process can range between 400 and 700 euros per person for the entire procedure.

Is it true that refugees do not have a work permit for years?

During the first year after you have applied for asylum and are waiting for a decision, you do not have a work permit. After that, you may only work if no job seekers are listed for the position at the employment agency. If your application is approved, you will receive a work permit along with your residence permit.

Is it true that refugees in reception facilities are treated as second-class citizens?

Officials do not have the right to treat anyone as a second-class citizen. In Germany, the law mandates equal treatment of all people and prohibits discrimination based on origin or gender identity. Unfortunately, it is possible that individual employees may violate this rule. In this case, you have the right to file a complaint directly with the superior of the respective employee.

Is it true that living conditions in reception centers are very poor?

Yes, this is largely true. The living conditions in many reception facilities are far from ideal. It is likely that during the initial period of your stay in Germany, your living conditions will be much less comfortable than in Russia. Almost all reception facilities have a shared bathroom per floor. You may have to share a room with strangers. You should be prepared for a reception center that may be dirty, noisy, and have unpleasant odors. However, this is often not the fault of the authorities. The adm…

I have very little money. How will I survive?

On the day you apply for asylum, you will receive accommodation, health insurance, and a small allowance. You will also receive free hot meals, bedding, and hygiene products or a small amount of money to buy these items. You must manage this money carefully, but it covers basic needs. Reception centers have shared kitchens where you can cook.

If you have personal wealth, the authorities may require you to pay for your accommodation in a reception facility.

How will I communicate? I do not speak German. Will I be able to learn German in a reception center?

An interpreter will be provided for all administrative procedures: during the application process, at all appointments with social offices, and during the asylum interview.

The state covers language course costs only after you receive refugee status. While waiting for a decision on your case, the state does not provide free language courses.

In some cities, volunteers offer free German courses. During your stay in a reception facility, you will have a lot of free time. You can use this time for self-study, for example, using online resources or textbooks.

We arrived in Germany as a couple. Are we allowed to live together?

If you apply for asylum as an official family, your case will be processed together. However, if you are an unmarried or same-sex couple, you must inform the authorities about this from the very beginning before you are assigned to a facility.

Can I stay in a reception center without fear of harassment?

Harassment by an authority or the administration of a reception facility is legally prohibited (as mentioned above) and unlikely. However, you may encounter problems because you live with other people. Homophobia or transphobia are not the only issues that may lead to conflicts with your neighbors. You may meet people who have grown up and lived in a completely different culture. Cultural differences, a lack of privacy, and too much free time can affect all aspects of life. The only thing you can do in suc…

German authorities make efforts to ensure the physical safety of people in reception facilities. However, psychological pressure, discomfort, and unpleasant situations are very likely. Do your best to avoid conflicts.

What should I do if my asylum application is denied?

If your asylum application is denied, you can file a lawsuit with the administrative court. In this case, you should contact a lawyer specializing in asylum law as soon as possible. The deadline for filing a lawsuit is stated in the written rejection notice; it can be very short and begins on the day the notice is delivered to the reception center.

If you do not take action against the rejection of your asylum application, you will usually have to leave Germany within 30 days. If this does not happen, you may be forcibly deported.

If you have already applied for asylum in Germany, you are not eligible to apply for asylum in another EU country, Norway, Iceland, or Switzerland.

If you have further questions, please write to us at help@quarteera.de. We will try to answer your inquiries.