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Can settlement permit(Niederlassungerlaubnis) be stopped after months of application  because  of separation from Deutsche Family? If yes, what will be done next? Family existed already for 3yrs and 4 months.
asked Aug 3 in Legal advice by LuckyD

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1 Answer

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Dear @LuckyD,

Thank you for sharing your question with the Wefugee Community!

As far as I know, will you probably still qualify for the "privileged" Niederlassungserlaubnis (permanent settlement permit) according to §28 Abs. 2 S. 1 AufenthG due to your marriage with a German citizen. If you want to check the requirements for the regular permanent settlement permit according to §9 AufenthG, please have a look here. However, as your marriage lasted for more than 3 years, you will always still have the option to apply for an extension of your limited residence permit according to §28 Abs. 3 in connection to §31 Abs. 1 Nr.1 AufenthG.

I hope this helps and please feel free to get back to us with any further questions!

All the best,

Meike

answered Aug 12 by Meike
Thank you Meike! I was given Fiktionbescheinigung for three months after my three years temporary resident permit now they renewed it again for another three months before I got separated.  Can I still get my Niederlassungerlaubnis ( Settlement permanent) still working and have my B2 exam this Saturday.

Dear @LuckyD

In order to keep questions and answers as transparent as possible on this platform, I just closed the new thread you opened with the same content of your comment here. I hope this is okay for you. 

The authorities issue a "Fiktionsbescheinigung" when you applied for a residence permit or a settlement permit and they are not able to decide on it immediately. Issuing a Fiktionsbescheinigung in your case was probably also the normal procedure and I assume that you will need to wait for the outcome now. In legal terms, the Fiktionsbescheinigung will grant you the same rights you had with your status/residence permit before you applied for the new documents. 

I hope this helps and please get back to us with any further questions. 

All the best, 

Meike

I am very gratefull Meike, thank you so much for your  wonderful legal counselling here. To me particularly,  it helps a lot. Wish to verify another thing from you in camera not public. obum32@gmail.com or you can use  this very email I used here.
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