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hallo wefugges team
I come to germany in 2015 and make  a asylum ..
I got rejected from BAMF in 2016 and after this i appeal in court in 2016
So now is 2020 and after 5 years i win in court and granted my asylum status
So now question is which tayp of aufenthaltstitel i become? Normally i become for 3 years but now iam since 5 years in germnay may i become
Niederlassungserlaubnis
And now how long i should wait to apply for german citizenship?
asked Aug 2 in Legal advice by Alex123

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2 Answers

0 votes

Dear @Alex123,

Welcome to the Wefugees Community and thank you for your very interesting question.

In general, you need to have a temporary residence permit for at least 3 years (for refugees) and 5 for other types of residence permits before you may be granted the permanent residence permit (Niederlassungserlaubnis). But as you can also read here, the period of the asylum process may be counted as well. I am thinking now, if the whole period of the pending court decision could be counted too. But as I really don't know, I will link 2 of our experts here. Dear @alla_fka or @mbeon-Ruth,  do you have any answer or advice on this?

However, you will always need to apply for the permanent settlement and also fulfill all the other requirements - which you can also read in many threads on this platform or the link shared above. The authorities will for sure not issue the permanent residence from their initiative.

I hope this helps and I am looking forward also to our experts' reply.

All the best,

Meike

answered 4 days ago by Meike
0 votes
Hallo,

as Meike says, the time of your asylum procedure from your asylum application to the successful finish of the court procedure has to be counted within the 5 year period which you must live in Germany before you can apply for the unlimited residence permit (Niederlassungserlaubnis). If the court gave you the refugee status (I think so because you mentioned a 3 year residence permit), it would be even possible to have a Niederlassungserlaubnis after 3 years in Germany, if you have especially good achievements in your integration (C1 German, earning about 80 percent of your living costs etc.). But you are already for 5 years or almost 5 years in Germany (depending on the time of your asylum registration in 2015), therefore for you it will be enough to have A2 German level (but normally the "Orientierungskurs" about German society also), to earn more than 50 percent of your living costs, to have enough living place for you and your family (normally at least 12 square m. pro person) and not to have a bad criminal story. Providing proofs for your identity can also be a point.

I don't think that the Ausländerbehörde can give you a Niederlassungserlaubnis without giving you at first a residence permit for refugees (Aufenthaltserlaubnis §25.2 first alternative). I would take this 3 year residence permit, check if I fulfil all the conditions the Niederlassungsrelaubnis (you can also ask the Ausländerbehörde to check it) and make an application for that. Perhaps you can apply for both in the same time, I have no experience with this.

I recommend you to ask the responsible social workers in your place to help you or to go to a good councelling center in your area. If you had a lawyer for your asylum case, ask him / her.
answered 4 days ago by Alla_fka
Very helpful reply!! Many thanks for your quick answer and valuable information! :-)
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