For many Iranian nationals currently in Germany, what began as a short visit, a business trip, or a family stay has become something far more serious. With active military conflict now engulfing Iran following US and Israeli strikes beginning on 28 February 2026, returning home is not simply difficult — for many people, it is dangerous or impossible.

If your Schengen Visa is due to expire and you have no safe way to return to Iran, you need to understand your legal options in Germany and act quickly.

This article outlines the main legal pathways available to Iranian nationals in Germany in this situation. It is not a substitute for individual legal advice. It is also important to note that this is a rapidly evolving situation — the legal and practical landscape is changing day by day, and information that is accurate today may need to be reassessed tomorrow as developments on the ground continue to unfold. For this reason, we strongly encourage anyone affected to seek up-to-date legal guidance as soon as possible rather than relying solely on general information.

Do Not Wait Until Your Schengen Visa Expires

A standard Schengen visa permits a stay of up to 90 days within any 180-day period — for many Iranian nationals currently in Germany, that window may be closing sooner than expected.

The most important thing to understand is this: overstaying a Schengen Visa — even by a short period — can have serious and lasting consequences. While actual deportation to Iran is not a realistic prospect at this time, given the active conflict and the suspension of flights, that does not mean overstaying is without risk. Under Section 95 of the German Residence Act, unauthorised overstays can result in both criminal and administrative penalties. Deportation proceedings can also be initiated as an administrative matter, and an unlawful stay on record can result in re-entry bans and significant complications for any future visa applications or residence permit proceedings across the Schengen Area.

The legal record of how you have stayed in Germany matters — both now and when circumstances eventually change. If your visa is due to expire, the time to act is now, while you still have a valid status. Initiating a legal process before your Schengen Visa expires puts you in a significantly stronger position than doing so after.

We would go further still: even if your Schengen Visa is not due to expire imminently, it is absolutely worthwhile to seek legal advice now to understand your options. The conflict in Iran is ongoing, and nobody can say with confidence whether it will last days, weeks, or months. History shows that what begins as a temporary displacement can become long-term with little warning.

The situation in Iran may resolve quickly, or it may not. Waiting until your visa is about to expire before exploring your legal position is a risk that is not worth taking.

Extending Your Schengen Visa on the Grounds of Force Majeure

For Iranian nationals currently in Germany on a short-term Schengen Visa, one of the most direct options is to apply to extend the visa on grounds of force majeure. German immigration authorities recognise force majeure as a valid reason for a visa extension where unforeseeable events beyond a person’s control prevent them from leaving Germany. The extension is granted until a safe return is possible.

The current situation in Iran — with active military strikes on major cities, suspended commercial flights, and conditions of serious danger on the ground — constitutes precisely such circumstances. This route does not require the applicant to establish persecution or protection needs; it requires demonstrating that departure from Germany is not currently possible or safe.

Applications must be submitted to the local Ausländerbehörde before the visa expires. Where the application is based on force majeure, there is typically no fee. Processing can take up to one month, during which the applicant must remain in Germany and may not travel to other Schengen countries. For more information on the extension process, see our guide on extending a German visa.

Applying for Asylum and International Protection in Germany

Given the current situation in Iran, asylum and international protection represent the most significant legal avenue for Iranian nationals in Germany who cannot safely return. Applications are submitted to the Federal Office for Migration and Refugees (BAMF), which is responsible for processing asylum claims in Germany.

The system provides for several forms of protection:

Refugee Status

Refugee status is granted to individuals who face persecution on the grounds of race, religion, nationality, political opinion, or membership of a particular social group. Many Iranian nationals — particularly those who have been involved in protest movements, belong to minority communities, or face threats from state or non-state actors — may have strong grounds for this form of protection. It is worth noting, however, that a person does not need to have been politically active or personally targeted by the Iranian authorities to have a potential claim for protection.

Subsidiary Protection

Subsidiary protection may be relevant for those who do not qualify for refugee status. It applies where a person would face a real risk of serious harm upon return to their country of origin, including in situations of serious and indiscriminate violence arising from armed conflict. BAMF assesses current country conditions as part of its decision-making process, and the situation in Iran will be a relevant factor in that assessment.

Humanitarian Protection

Humanitarian protection under Section 25 of the Residence Act (Aufenthaltsgesetz) may also be available to Iranian nationals in Germany in cases where return is not possible for compelling humanitarian reasons and other forms of protection do not apply.

Filing for asylum in Germany suspends any obligation to leave the country while the application is being processed. It is a formal and legally significant step, and one that should be taken with proper legal support.

Tolerated Stay (Duldung) Under Section 60a AufenthG

Where deportation is temporarily impossible — whether due to the security situation in the country of origin, disruptions to consular services, or the suspension of international travel — German law provides for a tolerated stay, known as Duldung. A Duldung is not a residence permit, but a formal recognition that removal cannot take place at this time and that it protects the individual from immediate enforcement action.

The practical situation as of early March 2026 strongly supports such an application for Iranian nationals in Germany. Major airlines, including Lufthansa, have suspended all services to the Middle East since the conflict began, meaning there are currently no commercial flight routes available between Germany and Iran. Combined with the broader security situation on the ground in Iran, voluntary or enforced return is not a realistic prospect.

A Duldung may therefore be an appropriate short-term measure for Iranians in Germany who have not yet filed for asylum or applied for another form of residence. At the same time, the longer-term legal position is assessed.

The Fictional Effect (Fiktionswirkung) and the Probationary Certificate (Fiktionsbescheinigung)

If you apply for a residence permit or other form of legal status — including an extension of your current visa — before your Schengen Visa expires, the fictional effect (Fiktionswirkung) under German residence law means that your existing permission to stay is treated as continuing until a decision is made on your application. This is a critical legal bridge — it means that a timely application can prevent you from falling into an unlawful stay while your case is being assessed.

In practice, this is documented by the probationary certificate (Fiktionsbescheinigung), issued by the Ausländerbehörde (local immigration authority) and serving as proof of residence in Germany while the application is pending.

It, however, requires that the application be submitted before the visa expires. Once the visa has lapsed, this protection is no longer available.

Switching to a Different Visa Category

For some Iranian nationals in Germany, switching to a different legal basis for remaining may be an option depending on individual circumstances. Those who have received a job offer, been accepted onto a course of study, or have close family members with residence rights in Germany may be eligible to apply for an appropriate residence permit.

This route will not be suitable for everyone, but it is worth exploring with a lawyer if any of these circumstances apply to your situation.

What Iranian Nationals in Germany Should Do Now

If your Schengen Visa is expiring and you are unable to return to Iran, the following steps are essential:

  • Seek legal advice immediately — do not wait until your visa expires
  • Do not attempt to travel to another Schengen country and re-enter Germany; this could create serious legal complications
  • Note that applications to the Ausländerbehörde must be made in person — this cannot be done remotely
  • Gather documentation relevant to your situation, including your passport, visa, and anything that may support a protection claim
  • Contact an immigration lawyer to understand which application is most appropriate for your individual circumstances

How We Can Help Iranian Nationals in Germany

At Schlun & Elseven Rechtsanwälte, we have extensive experience advising Iranian nationals on immigration and residence matters in Germany. Our Iran Desk, led by Dr. Sepehr Moshiri, who is fluent in Farsi and experienced in the specific legal challenges facing Iranian clients in Germany, is available to assist with the steps outlined in this article.

We understand that this is an extraordinarily difficult time for many people. Our team is here to provide clear legal guidance and work with you to determine the most appropriate path forward given your individual circumstances.

If you require legal assistance with any of the matters discussed in this article, please do not hesitate to contact us to arrange a consultation.