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Hello. I want To know the requirements forNiederlassungserlaubnis (settlement visa).. In 2021 I'll be completing 5 years in Germany and working full time for 4 years.. And now I'm on aufenthaltsgestattung.. please advise me with this..

asked Feb 5 in Legal advice by Nimnas

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Dear @NImnas,

Welcome back to the Wefugees Community and thank you for sharing your question!

Unfortunately, one of the requirements for the permanent settlement ("Niederlassungserlaubnis") is, that you need to have a residence permit in Germany for at least 5 years. The years you hold a "Duldung" can not be counted as such. 

However, as your case is still pending in court, there might be a chance to meet the conditions in future, if the court judges that you should get issued a residence permit for humanitarian reasons. I found a court-sentence, according to which the years of the Duldung during the pending case were finally also counted for the Niederlassungserlaubnis (provided that the court grants a residence permit for humanitarian reasons). 

You may also be able to apply for a residence permit according to §25b (after 8 years of Duldung or after 6 years if living together with a child under 18) in the long-run. A residence permit according to §25 (5) might be another possibility. 

All in all, it is very difficult to assess your individual case and options based on the few information.

I will link some of our experts here also. As they offer individual counselling online, which is anonymous and free of charge, it might be better to discuss more details via the"mbeon"-services.

@mbeon-Ruth or @mbe-on_Zsigó - would you agree with what I wrote or do you maybe want to add some ideas?

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

All the best,

Meike

answered Feb 7 by Meike
Thank you very much for your time.. it's great what you doing
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