After 5 years granted asylum whicht aufenthaltstitel i become

Question

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?

Answer 1

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

Answer 2

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.

Comments

Very helpful reply!! Many thanks for your quick answer and valuable information! :-)

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thank you for your answer
i am over 5 year in germany and i speak very good germany B1 i work since 4 year without any break and live in home not in camp
now after 5 year i win in court and i granted as a refugee
so what you think i can apply dircetly unlimted permit or first i become normal for 3 year?

Answer 3

Hallo Alex123,

it took longer to answer this time because I asked our councelling lawyer. She confirmed my opinion.

Having a residence permit of some kind (Aufenthaltserlaubnis) ist a necessary condition, if you make an application for an unlimited permit (Niederlassungserlaubnis). That means, the Ausländerbehörde must issue the first, limited, residence permit (in your case, if you got a refugee status, it will be a residence permit after §25.2 Alien Law (Aufenthaltsgesetz) for 3 years. As soon as you get it, you can apply for Niederlassungserlaubnis, provided you fulfil all the other conditions (which seem to be fulfilled in your case).

One of the conditions of getting a Niederlassungserlaubnis is having a passport. And as you have no possibility to use your national passport, als a refugee from your country of origin, you first need a refugee passport, which you normally get together with the residence permit or in near time.

I would take an appointment with the Ausländerbehörde, give them the application form for the refugee residence permit and at the same time discuss with them the possibility of issuing the Niederlassungserlaubnis just after the "normal" residence permit. Perhaps they can make a note in your file and check the conditions for both together, then it can be quicker.

About the German citizenship: our lawyer said that for this application you must really have a residence permit for 8 years, the time in the asylum procedure won't be included in this counting. If you provide a certificate of the integration course, then it is 7 years, and if your German level is better that B1, it can be 6 years (§10 Citizenship Law - Staatsangehörigkeitsgesetz).

I would recommend you to discuss this question later with the Einbürgerungsbehörde (the authority which makes the citizenship procedure) in your place. You can also consult a lawyer who is specialised in this area - but this probably will cost you money.