Here you can ask, answer and find questions surrounding the topic: arriving in Germany
Please someone inform me about article 19d of Aufenthaltsgesetz because one of my friend told me that I can apply for reseidence permit under this section. Currently I have six month Aufenthaltsgestattung, I am working since november 2016, I have a flat and I have Bacholer of Computer Science degree from my country. He told me that if I close my asylum case and get duldung then I can get residence permit. So please inform me that it is possible or not.
asked Jun 20 in Other Questions by Malik-Nasir

Please log in or register to answer this question.

1 Answer

0 votes

Hello @Malik-Nasir,

thank you for reaching out to the Wefugees community and for sharing your question with us.

Let's take a closer look on the regulations accompanying the § 19d AufenthG.

1. You already mentioned the first condition - a "Duldung". As a rule, if you inform the immigration that you intend to apply for a §19d  residence permit they can issue a "Duldung". There a several kinds of "Duldung" in Germany, as § 19d itself is in fact one; the document you'll need is a Duldung according to §60a Residence Act, which presumes that a ,deportation to your home country is impossible for factual or legal reasons, that is, e.g. that no flight connection to your home country exists, that is impracticable to provide the documents for a return or tthat here is a general ban on deportations to your country. Please check if a deportation to your home country is possible. If the answer is affirmative, the risk of being deported instead of being given a § 60a "Duldung" is fairly high.

2. Let's assume you obtained a § 60a "Duldung".against all odds. s What further requirement have to met in order to change it to a § 19 d "Duldung"?

- Your identity has to be clarified (for example with a national passport of your home country)

- You've been holding the 60a-"Duldung" for twelve months (though the procedural information for Berlin doesn't require 12 m.)

- You've been working at least 35 hours week during the last 18 months

- Your German is at a B1-level or higher

- You've not been sentenced for offences or crimes. There are some further prerequisites like secure means of livelihood which you already fulfil, so I didn't add them here.

Please note that the employment agency will have to give their approval, too, which implies that they will check whether your job is adequate, i.e. suitable for a computer scientist. Are you employed according to your qualifications actually? At least as an application developer, e.g.?

What are your prospects?

After 30 months you'll be elegible to change to a genuine residence permit according to § 25b paragraph 1.

I hope my answers were helpful and I’ll be very pleased if you contact me again with further questions. I'm a member of the mbeon-staff and I‘ll be glad to guide over a longer period of time. mbeon is an online advisory service for migrants via the mbeon-app, which you can download on your smartphone for free. You'll find me in the mbeon-app under my location „München and then my name “Frau Müller“ and get confidential one-to-one advice in a safe virtual room where nobody can read messages. For further information please visit www.mbeon.de.

Download for Android: https://play.google.com/store/apps/details?id=de.zone35.mbeon

Download for iOS: https://apps.apple.com/de/app/mbeon-messengerberatung/id1408795643

Best regards

mbeon-Christine

answered Jun 22 by mbeon-Christine
3,116 questions
3,888 answers
5,366 comments
134,450 users