The first weeks and months in Germany could be challenging for many. But the LGBTQIA+ members of the refugee community often face additional difficulties. Here you can find out what rights and possibilities you have as an LGBTQIA+ refugee.
You may be eligible for asylum or refugee protection if you are persecuted in your home country because of your sexual or gender identity and your life is in danger, or in case you fear imprisonment or inhuman treatment due to your sexual orientation/identity. The persecution, however, must be quite severe, i.e. insults and alike are not considered to be sufficient ground for asylum. At your hearing at the BAMF, you have to prove that you are lesbian, gay, bisexual, transgender or intersex and that you are actually at risk in your home country. The BAMF will consider the situation of the LGBTQIA+ community in your country before making a decision, i.e. your chances of being recognised as an asylum-seeker or refugee depend on the general situation in your home country for the LGBTQIA+ community as well as your personal persecution history. It is reasonable to seek advice from a lawyer or counselling centre specialising in the LGBTQIA+ issues in advance. Visit the website of queer-refugees.de for a first contact point. You can learn more about the hearing session in our chapter "Asylum procedure".
Please note: During the hearing, the BAMF staff member may ask very personal questions about your sexual/gender identity as well as your sex life. But you may choose to be interviewed by a woman or a man. Plus, there are specially trained BAMF staff members who conduct the hearing for LGBTQIA+ refugees. Inform the BAMF about your preferences when you hand in your asylum application.
You can always contact an LGBTQIA+ counselling centre for assistance. On the website of queer-refugees.de and the VLSP, you can search for counselling centres in your area.
If you have problems with your roommates or staff in your accommodation centre, do not hesitate to contact the social workers in the centre or the manager and ask for help. It is your right to be able to live your life in an accommodation centre without fearing harassment. If the social worker or the management does not help you (or in case they are part of the problem), contact a counselling centre in your area- you can find one on the website of queer-refugees.de or the VLSP. Some major cities have special refugee shelters for LGBTQIA+ refugees. Ask a counselling centre nearby to learn if there is such an accommodation centre in your area.
Generally speaking, moving despite a residence obligation (i.e. “Wohnsitzauflage“/“Wohnsitzzuweisung“) is quite difficult- the type of residence permit you hold determines how difficult:
I am an asylum seeker: At the beginning of the asylum procedure, each asylum seeker is assigned to a specific municipality/city. As long as you receive asylum seekers' benefits from the Social Welfare Office, you must, in principle, stay in the town to which you have been assigned. This regulation is called the "residence restriction" ("Wohnsitzauflage"). Moving to another community or city while being under a "residence restriction" is only possible under particular conditions. You can relocate to another city, if, for instance, your spouse or underage child lives there or in case the hostility towards you is so massive in your community that it is not reasonable to remain there. Such cases are known as "hardship cases" ("Härtefall"). If you think your reason for relocation fits the criteria, you can submit a so-called "redistribution application" ("Umverteilungsantrag") to the Immigration Office responsible for you and the Immigration Office in the destination city. You can find the Immigration Office responsible for you at bamf.de.
You need to specify concrete and detailed reasons why you cannot live in the place to which you are assigned. LGBTQIA+ counselling centres can help you with the application. You can find one nearby on the website of queer-refugees.de and the VLSP.
I have a tolerated stay permit ("Duldung"): The rules which apply to you are the same as asylum seekers.
I have a residence permit: In the first three years after your recognition as a refugee or individual entitled to asylum, you must, in principle, remain in the city or community you were assigned to during your asylum procedure as long as you receive benefits from the Job Center or Social Welfare Office. This regulation is called the "residence restriction" ("Wohnsitzzuweisung"). Moving to another community or city while having "residence restrictions" is only possible under particular conditions. You can relocate inside Germany, if, for instance, you start a job with a social security contribution with a minimum net monthly income of € 710 or start university or enrol in a vocational training programme. Same is the case if your spouse or underage child lives in the place where you want to relocate. Facing extreme hostility at your place of residence is also a legitimate reason to request relocation. These cases are categorised as "hardship cases"("Härtefall"). If you think your reason for relocation fits the criteria, you can submit a so-called "redistribution application" ("Umverteilungsantrag") to the Immigration Office responsible for you and the Immigration Office in the destination city. You can find the Immigration Office responsible for you at bamf.de.
You need to specify concrete and detailed reasons why you cannot live in the place to which you are assigned. LGBTQIA+ counselling centres can help you with the application. You can find one nearby on the website of queer-refugees.de and the VLSP.
Do not hesitate to seek help if you face discrimination or hostility. The German law is on your side and will protect you against discrimination, hatred and violence. If you need help, contact the Anti-discrimination Agency or seek counselling from queer-refugees.de.
LGBTQIA+
In Germany, every person is free to live out their sexual orientation and identity, and the law protects lesbian, gay, bisexual, transgender, transsexual, queer, non-binary, pansexual, poly sexual, intersex and asexual individuals, i.e. the LGBTQIA+ community. Nevertheless, members of this community still face hostility and discrimination from some people in the society. Find out more about your rights and how to fight discrimination.
Discrimination
Discrimination is prohibited in Germany –nevertheless, many are affected by it. Whether when looking for accommodation, dealing with authorities, at work, schools, doctors' surgeries, during leisure time or with the police. Discrimination can occur in all areas of life. Am I not allowed into the club because I have a disability? Did I not get the job because I wear a headscarf? Are my children treated worse at school because they speak little German? Does the police pick me to check on the long-distance bus because I have a different skin colour? Does the cab driver refuse to take me because I am trans*? Experiences like these lead to feelings of anger, powerlessness and helplessness. Such discrimination also harms social coexistence.
However, you do not need to simply accept discrimination: you have the legal right to defend yourself against it – everyone in Germany does; regardless of their origin or residence status. This right is enshrined in the German Basic Law as one of the human rights. It is also regulated in the General Equal Treatment Act ("Allgemeinen Gleichbehandlungsgesetz" or AGG). You can take legal action against discrimination - and in certain cases, it is worthwhile to do so.
German Basic Law
*** May 23, 2024, marks the 75th anniversary of the German Basic Law, that is, the German constitution, which is the basis of our coexistence in a free and democratic constitutional state. The Basic Law was promulgated in 1949. In the aftermath of the atrocious crimes committed during National Socialist tyranny, the creators of the Basic Law decided that human dignity should be paramount in the new law; so that nothing like the Nazi era ever happens again in Germany. You can learn more about the Basic Law in our video series: „Was wäre wenn?“ ***
The Basic Law or "Grundgesetz" is the constitution of the Federal Republic of Germany. It includes the most fundamental rights that determine the way society is organised in Germany. No other law may contradict the Basic Law. For instance, the Asylum Act or the Criminal Law may not contain any ordinances which conflict with the Basic Law. The Basic Law is the most prominent body of law in Germany, hence stands above all others.
The Basic Law consists of 146 sections, i.e. "articles". The first 19 articles of the Basic Law contain the so-called "fundamental rights", i.e. the most significant human rights vis-à-vis the state, designed to protect the individual from despotism, injustice and violence from the state. Some of these fundamental rights, also referred to as "human rights", apply to everyone in Germany, regardless of residence status. The Basic Law also includes a set of other rights, referred to as "civil rights", which only apply to people who have German citizenship.
Established in West Germany in 1949, The Basic Law has been applying to all of Germany since the reunification of 1990. Many of the principles included are consequences of violations of human rights during the National Socialist dictatorship between 1933 and 1945. Fundamental rights have been given a central position in the Basic Law to ensure the atrocities of Nazi times cannot happen again.
The Federal Constitutional Court is in charge of monitoring and assuring compliance with the Basic Law. The government cannot simply amend it.
Refugee Accommodation Centres
In initial reception facilities, often large groups of people live in limited spaces. So there are rules and standards to help the residents live together, and the staff are responsible for ensuring these regulations and standards are implemented and respected. In principle, these rules apply to all accommodation centres, including shared accommodation centres and, except a few exceptional cases, also emergency shelters.
Marriage in Germany
In Germany, you do not need to be officially married to live with your partner and have children. Many still opt for marriage. To register your marriage in Germany you need to arrange a few things and prepare. Here, you will find everything you need to know before registering your marriage.
The LSVD offers specific support for LGBTQIA+ refugees. Their services are available in many languages.
Here you can search for a counselling centre specialised on discrimination nearby.