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These are the protection rights that apply in Germany

What forms of protection are available to people seeking protection in Germany? An overview of the legal options.

Johannes_GöbelJohannes Göbel, 02.04.2026
Refugee family
Germany’s right to remain provides for different forms of protection. © stock.adobe.com/Halfpoint

Many migrants who enter Germany illegally in search of work and a better life are surprised to find that they are not entitled to remain. They may then face enforced return to their country of origin and a future entry ban. There are only four forms of protection that grant a right to remain in Germany:

Asylum entitlement

People who are politically persecuted and face serious human rights violations in their country of origin are entitled to asylum. As a rule, only persecution by the state is taken into account. Recognition of asylum entitlement is ruled out if the person entered Germany via a safe third country.

Refugee protection

Refugee protection is broader than asylum entitlement and also applies in cases of persecution by non-state actors. Under the Geneva Refugee Convention, people are considered refugees if they have a well-founded fear of persecution – because of their origin, political beliefs, religion or membership of a particular social group.

Subsidiary protection

People are eligible for subsidiary protection if they face serious harm in their country of origin. This may arise from both state and non-state actors – for example the death penalty, torture or inhuman treatment, or indiscriminate violence in the context of an armed conflict.

Prohibition of deportation

Even where asylum entitlement, refugee protection or subsidiary protection do not apply, a prohibition of deportation may be granted if certain conditions are met. People seeking protection must not be returned if this would violate the European Convention on Human Rights (ECHR), or if there is a significant risk to life, physical integrity or liberty.