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Hello! My question is that, my Asylum case is finished have Duldung last one year, Than i have applied for residence permit According to paragraph 25Abs5, my girlfriend have student visa (converted visa status to Ausbildung) she is from non EU and we have 2 kids, they have also visas as the Mother have. I have also Vatershaftanerkenung und Sorgerrecht, According to this situation my lawyer had applied for the residence permit but unfortunately it was rejected by the Aüslanderbehörde, according to them it was rejected by the Karlsruhe Regierungspräsidium, My lawyer had appealed to recheck with facts and again Rejected, Than the Aüslanderbehörde had sent my file to Regierungspräsidium Stuttgart for Weiderspruch. I have been living in Deutschland for 8 years.

So in your opinion in which direction the situation is and what are the possibilities for me?

Thank you very much for your anticipation.

Regards
asked Aug 11 in Asylum proceedings by fae09
In your case I don't think you need 25.5 but you need to apply 25b if you stayed in Germany for more than 6 years.
Have done A2.2?Can you cover 51 percent of your expenses?
Were you holding duldung for the last 8 years?


Section 25b
Granting residence in the case of permanent integration

(1) In derogation from section 5 (1) no. 1 and (2), a foreigner whose deportation has been suspended is as a rule to be granted a temporary residence permit if the foreigner has become permanently integrated into the way of life in the Federal Republic of Germany. As a rule, this is subject to the condition that the foreigner

1. has resided in the federal territory for at least eight years or, if the foreigner is living with a minor, unmarried child as a family unit, for at least six years without interruption because his or her deportation having been suspended, on the basis of permission to remain pending the asylum decision or by holding a temporary residence or permanent settlement permit,

2. is committed to the free democratic basic order of the Federal Republic of Germany and possesses a basic knowledge of the legal and social system and the way of life which prevails in the federal territory,

3. ensures his or her subsistence primarily by pursuing an economic activity or it is to be expected, when considering the foreigner’s previous educational, training, income and family situation, that the foreigner will be able to ensure his or her subsistence within the meaning of section 2 (3); receiving housing benefits is not detrimental thereto,

4. possesses an elementary oral command of the German language equivalent to Level A2 of the Common European Framework of Reference for Languages and

5. can furnish proof that his or her school-age children are actually attending school.

Temporarily receiving social benefits is not generally detrimental to securing subsistence in the case of

1. students attending a state or state-recognised higher education institution and apprentices undergoing training in a recognised trade or in a government-sponsored pre-vocational training measure,

2. families with minor children who temporarily rely on supplementary social benefits,

3. single parents of minor children who, pursuant to section 10 (1) no. 3 of Book Two of the Social Code, cannot reasonably be expected to take up employment or

4. foreigners caring for close relatives in need of long-term care.

(2) A temporary residence permit pursuant to subsection (1) is

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2 Answers

0 votes

Dear @fae09

Welcome to the Wefugees Community and thank you for reaching out to us. From my perspective, you and your lawyer are already doing everything possible. And I can not really understand why your residence permit got rejected. 

However, I will link dear @alla_fka here as she is very experienced and knowledgeable in residence issues. Maybe she can add her thoughts on this or share any advice. 

All the best, 

Meike

answered Aug 28 by Meike
0 votes
Hallo,

it is important to know with what reasons the Ausländerbehörde rejected your appeal. Withour knowing that it is difficult to make any assessment of your chances because there are a lot of circumstances which the Ausländerbehörde can take into account. It

The general points can be, if you work und earn your living (and have a good perspective to work for a long time), if you have enough living space (at least 12 q,m. pro Person if you live with the family), if you have no criminal story and - naturally - if you have a passport and haven't lied about your identity. But even in case everything is positive the Ausländerbehörde hat its discretionary power. It is well-known that they mostly don't give the residence permit after 25.5 very willingly even if they ought to. The reason can be also that you had a rejection as openly unfounded (offensichtlich unbegründet), in this case you can only get a residence permit without leaving Germany and asking for a visum, if you have an absolute right to stay (Anspruch). According to your description you don't have it, you only have a deportation obstacle through the children. So, as you see, it is very important to know what arguments the Ausländerbehörde or RP Karlsruhe bring to reject your appeal.

The comment that you can get a residence permit after the §25b is right, if you fulfil the conditions. You can ask your lawyer or go to a councelling center (although your lawyer would normally propose it him/herself if he/she sees this chance).

And if you have a qualified job you can chance in the permit after §19d under special circumstances. Although I believe, your lawyer would have already explained and tried it.
answered Sep 2 by Alla_fka
@Alla_fka do you mean that if someone have openly unfounded to his asylum claimed and he later got a German child for example and he apply for permit , this can make the ausländerbehorde not to give him the permit?
Dear David123,

the case to which you wrote this comment differs from yours. With not-German children people don't have such a strong legal claim to get a residence permit for the aim of fulfilling their custody duties. And in this concrete case the residence permit of the mother (on which the permits of the children depend) is probably not of a long-time nature, as the mother makes Ausbildung (if I understood properly). So please don't try to compare here, you have your own situation, and principally each case is individual.
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