The Assad regime in Syria has fallen – what happens now, what is the situation for refugees in Germany?

Unfortunately, it is not entirely unexpected that, just a short time after the fall of Assad, the first statements were made by German politicians that the situation and status of Syrian refugees in Germany would now be reviewed and that a large-scale return would take place. The Federal Office for Migration has now suspended all decisions on asylum applications. 

If you are affected: Stay calm. A suspension of BAMF decisions on new applications is only logical, precisely because it currently seems impossible to assess the current and future situation. The future in Syria is still completely unclear. Without a somewhat reliable forecast of the future of Syria, it will be difficult to make significant changes to the status of refugees. For administrative reasons too, a large-scale repatriation operation would currently be extremely complex and unrealistic in practice. 

Nevertheless, there is understandably a great deal of uncertainty, particularly about the following questions: 

Can asylum status, including subsidiary protection and a ban on deportation, be withdrawn if the situation in Syria stabilizes? What happens then with the residence permit? What happens with naturalization? What happens with a settlement permit? If the situation does improve significantly, what happens with my right of residence in Germany if I return to Syria? 

In very brief terms: The asylum status, including subsidiary protection and the ban on deportation, can (and should) actually be revoked if the situation in the country concerned changes significantly. Although the loss of asylum status does not automatically invalidate a residence permit based on the asylum status, the immigration authorities can (and should) subsequently revoke this permit. It should be noted that the immigration authorities can do this, but do not have to. At this point, it must also be checked whether another, asylum-independent residence permit comes into consideration.

Naturalization cannot be revoked if the reasons for asylum subsequently cease to apply. However, a settlement permit that was issued on the basis of asylum status (Section 26 Paragraph 3 of the Residence Act, Section 9 of the Residence Act) can! If you voluntarily decide to return to Syria in the future and are not a German citizen, your residence permit will expire (Section 51 Paragraph 1 No. 6 of the Residence Act). 

What happens next? 

As already mentioned: Don't panic. In general, however, it is advisable to apply for a residence permit that does not require asylum (or at least to check whether and since when you are entitled to one) or to naturalize as early as possible.