ConCourt decides: Asylum seekers and refugees can apply locally
An important judgment was handed down by the Constitutional Court, which relates to asylum seekers and refugees and their right to apply for temporary residence visa or permanent residence permits under the Immigration Act without having to leave the country and await the outcome from home.
The unanimous judgment found that persons holding asylum seeker permits, awaiting outcomes on their appeals to rejected applications for refugee status, or who are recognized refugees, may apply for any category of permanent residence from within the country if they meet the criteria. The court also found that these persons may apply for temporary residence visa locally, if they meet the criteria AND if they first apply for and obtain an exemption from the requirement to apply from their home country.
In paragraphs 61 and 62, it also clarifies that applications of this nature can be made even if the applicants – due to their situation as refugees – do not have valid passports.
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