As Aufenthaltsgestattung holder, why my file is transferred to SGB II before my Court proceedings?

Question

Hello everyone,
I just want to know how possible could it be that my file was moved from Asylum Seeker benefits Act to SGB II at Jobcenter without appearing in court for my appeal against the BAMF negative decision concerning my Asylum Application?

Comments

Dear @MB, 

Welcome back to the Wefugees Community and thank you for reaching out to us. 

Actually, I am still a bit confused about your situation. You may want to explain a bit more what exactly happened? 

In general, it is not always necessary to join the court ruling. Sometimes the judge can make a decision without hearing you again (which is normally agreed with you/your lawyer). Important is the outcome. Holder of a residence permit are in most of the cases entitled to receive SGBII-social money (from the jobcenter). 

But from my experience after the (positive) court ruling you would still need to apply for the residence permit at the immigration office (Ausländerbehörde) and then apply for the SGBII-money at the jobcenter before you will receive it. Until that moment you will still be entitled to receive asylum seeker-benefits (Asylbewerberleistungen) - in most of the cases from the local "Sozialamt". 

In any case, please feel free to get back to us if you want to discuss your situation further. 

All the best, 

Meike

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Thank you very much and I appreciate your response.
This is the basic part of the letter I received from the Sozialamt.

Sehr geehrter MB,

Sie beantragen Leistungen nach dem Asylbewerberleitungsgesetz.
Um Ihren derzeitigen Leistungsanspruch korrekt zu können, bitte ich die nachstehend aufgeführten Unterlagen schnellstmöglich einzureichen.
1)  Ausgefüllten und unterschriebenen SGB II Antrag.
2) Vom Vermieter vollständig ausgefüllte Mietbescheinigung.
3) Alle Kontoauszüge von 01.05.2020 bis zum heutigen Zeitpunkt.
4) Kopie Ihres Ausweis

Zur Erledigung habe ich eine Frist bis zum .. .. 2020


 This is how my case **** like, I haven't taken from Sozialamt for a very long time, but due to the Kurzarbeit agreement I signed with my employer my monthly salary is not enough for my needs. That's why
I  reapplied for Sozial Help from my Sozialamt and then the Sozialamt replied my application
with an informal SGB ii Application form  to be filled out and sent back to her.
That's the reason why I am a bit confused because I still have pending court case and I am Aufenthaltgestattung holder.

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Dear @MB, 

Thank you for the clarification. You are right, this is really confusing that they referred to a SGBII- application. But they are also saying “you are applying for asylum seeker benefits” which actually means money according to the “Asylbewerberleistungsgesetz” which you will receive from the Sozialamt. I know that an application for SGBXII and asylum seeker money looks the same. As foreigner you just need to add a form (Anlage). They might refer to that basic form without actually meaning the SGBII as such. As they didn’t send you to the Jobcenter and the Sozialamt will not pay SGBII I assume it will be the money for asylum seekers. 

I hope this helps and all the best, 

Meike

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Thanks a lot, but I contacted my Sozialamt to clarify this issue to me. I asked her why I am filling in this SGB II Form because I have already filled out Asylbewerberleitung application form. She only told me that I must fill in the SGB II Form and send it together with the other documents she's requesting.
Without this form unfortunately she can not make any payment to me.
But I appreciate your help, thank you once again.

Answer 1

Please if you can I would like to get your indebt explanation regarding this matter.

Answer 2

Hello,

I am having somewhat similar situation, I am having Aufenthaltsgestattung, then I am transferred to SGB XII (2 Abs. 1 AsylbLG)

This happened after completing 18 months of continuous residence in Germany while having a pending asylum application.