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Hello Team,

Right now I am in Asylum processing. last year I have found One Ausbildung(3 years contract) and  now my first-year study completed,

Still, now my visa type is "Aufenthaltgestaltung" 6-months renewable visa, I would like to know about that, how could change my visa to a Residence permit? or any other visa.

Many thanks

yours sincerely

Fahis

asked Jul 30 in Asylum proceedings by Fahir

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1 Answer

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Dear @Fahir,

Welcome to the Wefugees Communtiy and thank you for your question.

First of all, congratulations for your TVET training contract ("Ausbildungsvertrag") and the completion of the first year! Well done!

Now to your question: Since you applied for asylum and the BAMF did not decide on your case yet, you are still holding a so-called "Aufenthaltsgestattung". This kind of document is not really a residence permit, but it is legalizing your stay in Germany during the pending asylum case. When the authorities decide to grant you either the refugee status, subsidiary protection or a national deportation ban, you can apply for a residence permit based on humanitarian grounds (please see the section 25 of the German residence law for this). 

If the BAMF is rejecting your asylum application, you may consider to appeal in court. In this case I would recommend you to consult a lawyer or a migration counselling office. When your asylum case is closed, the immigration office ("Ausländerbehörde") might ask you to leave the country. If there are reasons which prevent a deportation, they will issue a so-called "Duldung" or toleration. Once you are holding a Duldung, there would be still the opportunity to apply for the "Ausbildungsduldung", since you are actually enrolled in one. Please see, for instance, this thread for more information on that special type of Duldung.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Jul 31 by Meike
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