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Hello my good friends at Wefugee,
Can someone please help to explain the letter below I got from my lawyer after my final rejection from the Administrative court.

(Ein ordentlicher Aufenthaltstitel darf Ihnen gem. 10 Abs. 3 Satz 1 AufenthG nur nach Maßgabe des Abschnitts 5 dieses Gesetzes erteilt werden, wobei es sich um eine Aufenthaltserlaubnis aus humanitären Gründen Handeln würde).

Do I have to apply for this residence permit or the Ausländerbehörde decides at their own descriptions.
Thank you and I look forward to hearing from you soon.
asked Nov 20, 2020 in Asylum proceedings by Great Man
Dear @MB, Welcome back to the Wefugees Community and thank you for reaching out to us. Looking isolated at this paragraph is not giving reliable information, I am afraid. Are you maybe able to share some more lines in order to give us a bit more context? However, please make sure not to publish any private data. Looking forward to your response! All the best, Meike
Thank you for reaching out to me.
I just want to know how section 10(3) sentence 1 works. Because it's stated in this section that a rejected asylum seekers may be granted temporary residence permit before leaving the federal territory.
How do I apply for this residence permit taking into account that I am holding Duldung.

Dear @MB

Thank you for your response. 

I found the section in the law, but it is also not totally clear to me yet. From my experience, after a final rejection by the court, people in most of the cases are issued a Duldung (if they fulfill the requirements). I am not aware of a residence permit granted before people are asked to leave the country. Especially because your application for a humanitarian residence permit just got rejected. Nevertheless, there may be options in the future to qualify yourself for better “documents” as an “Ausbildungsduldung” or a “Beschäftigungsduldung”, for instance, with subsequent residence permits if you manage to find qualified work etc.

I will link two of our experts here, maybe they can explain the section. Dear @mbeon-Rukundo or @mbe-on_Zsigó, can you give further information? 

On the other hand, don’t hesitate to contact your lawyer in this matter as he/she knows your situation best. 


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