What are our chances as a family having a Duldung and one parent doing a “Schulische Ausbildung”?

Question

Hello everyone, I am a Asylum seeker and I am here in BRD for almost  4 years. I am living here in an Asylheim in Bayern with my family. I have two children, my son is going to Gymnasium and my daughter is in Real Schule and both are doing good in school. Last year I did B1 and currently doing Schulische Ausbildung as an Altenpflegehelfer. Before starting the school, my case was rejected but still got the approval from Landratsamt for doing my Ausbildung. The officer over there told me that you can do this Ausbildung without approval as far as no money is involved.  That means I am getting no money during studies when I do any Praktikum and bearing the travelling costs at my own. In this context,  I want to ask a question about my chances of getting any sort of residency papers for my family and what should I do in future to make it happen. Last month when I went to Landratsamt to renew my Duldung and showed them my Zwischenzeugnis which has all Note 1,  the officer said that there is a Gesetz which says that when children go to the school for 4 years and the family is good integrated,  then on this account there is a possibility of getting the papers. The officer also said to me to bring the passports so they can process the application if i applied to them. I don't know what to do. I appreciate your reply and thanking you in advance.  From Really Motivated.

Answer 1

Hallo
Do you have Ausbildung duldung?As with that you qualify for help at the Sozial.
Also Altenpleger is not schulische as you are going to School and going Praxis.

Yes your kids qualify for residence 25a and you can read the law below and the requirements but you need to provide the passport
Section 25a
Granting of residence in the case of well integrated juveniles and young adults

(1) A juvenile or adolescent foreigner whose deportation has been suspended should be granted a temporary residence permit if

1.  he has resided in the federal territory for four years without interruption either by virtue of holding a temporary residence or permanent settlement permit, by virtue of his deportation having been suspended or by holding permission to remain pending the asylum decision,

2.  he has successfully attended a school in the federal territory for, as a rule, four years or has acquired a recognised vocational or school-leaving qualification,

3.  the application for the temporary residence permit is filed before he reaches the age of 21,

4.  it appears, on the basis of the his education and way of life to date, that he will be able to become integrated into the way of life in the Federal Republic of Germany and

5.  there is no concrete evidence to suggest that the foreigner is not committed to the free democratic basic order of the Federal Republic of Germany

Answer 2

Thanks Pan 123 for the detailed answer. Let me say that you people are doing nice job to help others.
Here I would like to clarify that I am doing Shuliche Ausbildung als Altenpflegehilfer and that will last for one year and later I've planned to do 3 years Ausbildung so still got normal Dulung but not Ausbildungsduldung. I have already applied for the Passports through my Consulate. Please tell me when I applied under the law you mentioned in your answer,  which sort of residence papers I get and for how many years.

Thanks and regards.

Comments

Hallo
You are really welcome and sorry for late reply.
Your kids qualify for residence permit 25a as well integrated juveniles.
My advice is just wait for them to receive residence permits.
Then you can also apply for your residence permit since you taking care of them.
Once you receive aufenthalterlaubnis you can apply for help at job ctr

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Once your kids receive residence permit 25a and you taking care of them you can apply residence permit 25a (2) as long you meet the following condition

2) The parents or parent possessing the right of care and custody of a foreign minor who holds a temporary residence permit pursuant to subsection 1 may be granted a temporary residence permit if

1.  deportation has not been prevented or delayed on the grounds of false information or deceit with regard to identity or nationality or due to a failure to meet reasonable demands to eliminate obstacles to departure and

2.  subsistence is ensured independently by means of an economic activity

Answer 3

Thanks very much PAN 123 for your answer. It really helped me a lot.