hello dear Wefegee community,

i have been granted a Duldung on the last Fabruary 2019, then i have applied for a job through a bechaftigung in the immigration office and the ministry of work. then the examination was positive, and i have been working since then. Yesterday i went to the immigration office to extend my work cotract and permit, and i have been given a work permit in that position until 04.08.2022.

i would like to ask if this permit can help me to get towards a residence permit? as a duldung holder from having a german child and living with a german partner.

and i would like to ask for the Residence permit issued on humanitarian grounds, aufth.25.5 paragraph, that i would reach on the next 9 months, do i have any chance on getting it? even though the appeal for the duldung still on going haven't yet got any appointment.

thanks in advance
asked Aug 12, 2019 in Legal advice by latrache
Dear latrache,
Can you please tell me how did you applied for Beschäftigung Duldung? And how long did it took you received the Beschäftigung Duldung. I am working for the last three years full time and living by my own expenses and am having private apartment for the last two and half years and I have Duldung for the last 8 months . I meet my lawyer and I provide him my passport and he told me that he will apply for Beschäftigung Duldung. It’s about one month and I didn’t hear any news from the lawyer he told me wait .
I am studying at university and doing full time job as well . What are my chances of getting this Beschäftigung Duldung for 30 months . It will be nice if you answer .
Thanks in advance

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5 Answers

0 votes
Dear as per my point of view I meet my lawyer last week and he applied for me for Beschäftigung Duldung . He told me according to new law which will be implemented from first January 2020 those who got Beschäftigung Duldung will be eligible to get resident permit in future and with this resident permit you are allowed to travel yo your home country. Congratulations on getting Beschäftigung Duldung.
answered Aug 12, 2019 by Khan
What a lawyer to my friend is, from January 2020, if you got a Beschäftigung Duldung , You can be granted a residence permit, on some conditions,
1) you must have worked 18months
Evidence of integration into the system which is gone to language school, but I think your case is different, but you're working, so congratulations also
0 votes
I actually signed up a work contract and then i asked my employer to fill up a document "Beschäftigung arbeit" which is available online by Arbeitsagentur, then i brought it to the immigration office, then the officer took it and send it to the ministry of work, they examinat the position whether you are legible to fit in as a Duldung holder and the capacity of work demands, then the answer will be send by networking platform shared with the immigration office, and you can simply call the person in charge of your case can check it in a second online, this process took at least 2 and half week.
Wish you all the best!
Hope my answer satisfy you !
Best regards
answered Aug 18, 2019 by latrache
0 votes
Dear Latrache,

Thank you so much for your reply . Actually I handed over to the Ausländer Behörde my unlimited work contract and also I handed over my university study contract . My lawyer told me that he want to apply for Beschäftigung Duldung but I have Duldung till now for 8 months .

Did you have Duldung for one year before you got your Beschäftigung Duldung ? What should I do in this situation. And what’s are the chances of getting Beschäftigung Duldung ? I already provided my lawyer my unlimited work contract.

Thanks in advance
answered Aug 18, 2019 by Khan
You are welcome,
 on the 7th Mai was the first renewal for the Duldung after 3 months of validity, i've got 6 months extension, and I'm new in Germany i cam on November 2018.
Your chances are really depends on the work ministry's answer, if the results would be positive, then you will definitely get the work permit. What I did to confirm before contacting the immigration office for the decision, i ve called the Arbeitsagenture and went to them and met them on person, then the girl works there told me that the results went positive by them. She had to look into the work market and run some statistics, so if you could get in touch with one of these agents you might have a chance to know the awaiting decision, I'm crossing the fingers for you, i know ain't easy at all so keep it up, and stand by don't give up, (your lawyer is going to send the document to the immigration office is the same process) best luck
0 votes
Thank you so much again for your reply . So you mean I should wait as long as my lawyer is involved in this case . One time I applied for Ausbildung Duldung to the ministry of work and they refused to issue me a Ausbildung Duldung because University is not coming in Ausbildung Duldung . That’s why I took this time the help of lawyer to get me some sort of stay . My lawyer told me wait until I call you to submit your passport in the Ausländer Behörde for Beschäftigung Duldung. That’s why I am little bit worried I didn’t received any call from Ausländer Behörde and from my lawyer.

Kind regards
answered Aug 18, 2019 by Khan
0 votes
I heard the law from Jnauary 2020 will be for those with Duldulg and Aufenthathgestatung. you have to work with your duldung or Aufenthathgestatung for atleast 13 to 18 months and have the level of A1 or A2 or B1. you also have to provide your passport and your contract that is still valid. with these you are qualified from 2020 to apply for resident permit
answered Aug 19, 2019 by Gago
Hey dear Gago,
Thanks for your reply, i actually heard about this and i started working on last July of this year, so by 2020 we will see what can be done then, i actually waiting to complete 18 months with Duldung, then i can apply for humanitarian résidence permit from 25.5 Aufenthalt paragraph. I've got B2 level and leben in Deutschland test, and also my passeport and previous residence permit are at the immigration office, so hope by the 2020 mai i could get a residence permit.
regarding to what you said that's true, but i have been rejected for the residence permit 28abs, and i'm appealing, but the appeal takes 2 years as the immigration office says that and the lawyer, so if i would wait two years just to know whether i will get the 28abs or not that's 24moths, but the 25.5abs is about 18 months which left 9 months ahead for me now, it is all about the time, instead in waiting 28month i would rather go for the 18 months which left only 9 months from, so this is my thinking from now until to find a sure way. best regards
@obumkelly79, also the immigration office still asking me whether i still want to go and get a visa for a familly reunion, since i refused to go back due to the military service and so on, otherwise they are pushing me to apply for asylum which i also refused to apply for it since i don't have strong argument. but the 28abs was rejected because i was paperless when i applied for the residence permit at that time, my residence permit was expired already like 20 days before the appointment.
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