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Hello ,

I'm a Syrian national and currently lives in Munich , so , Long story short , i had my refugee status in 2016 , then in 2018 i got a deportation order to Syria , because i couldn't go back to Syria (for obvious reasons) , i went to Luxembourg and applied for Asylum there .

Then Germany took over my file back from Luxembourg (after giving me a deportation order) according to Dublin regulation , so i was transferred back to Munich .

Since i came back to Munich , i was taken to ANKER center where i spent more than 4 months without any social benefits at all , and when i went to the Sozialreferat they told me that the law has changed and i cannot receive any social benefits while i'm at the ANKER center .

Currently , the Sozialreferat told me that i should be on the SGB II without mentioning any reason why (but they said they made a mistake ) .

So , my question is , shouldn't i be on the SGB II and receive social benefits starting from the day i came back to Germany ? because this is my second application and Germany is the one that accepted my file back .

Or the Social amt was right forbidding me from any Social benefits for more than 4 months ?

Meaning ,was the SGB II act applicable starting from the day i came back to Germany or starting from the day i leave the ANKER Center ?

and one final request , can you support your answer with articles from the German law ?

Thank you . 

asked Oct 14 in Legal advice by Shareef

Dear @Shareef

Thank you for sharing your situation with the Wefugees Community! 

However, what happened to you is still not very clear to me. You are from Syria and the German authorities wanted to deport you? I think it would be helpful if you could explain some aspects in more detail. 

About the social benefits: In Germany you would change from "Asylbewerberleistungen" to SGB II as soon as you receive a residence permit after, for example, being acknowledged as a refugee. 

Therefore, please feel free to describe your current documents you have etc. 

All the best, 

Meike

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