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Hello Wefugees,
Is it possible for someone to apply for residence permit in accordance with section 25 (5) Aufenthaltsgesetz if he or she has been holding Duldung under 18 months, but fully fulfilled the rest of the requirements needed.
I am just confused because some people say it's possible as long as your livelihoods are independently secured by yourself,  and others are saying it's not possible.
Thank you in advance.
asked Apr 5 in Legal advice by MB

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1 Answer

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Dear @MB,

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

The issuing of the residence permit according to section 25 (5) of the German Residence Act lies at the discretion of the responsible immigration office (Ausländerbehörde). They will assess every application individually. Securing the livelihood yourself (which means being independent from social money) is not a requirement as such and the immigration office may issue the respective residence permit nevertheless. However, they will look at your current life in Germany as a whole and may also check your so-called "Integrationsleistungen" so far and how well you are integrated into the German labour market. In sum, it is definetely a plus if you are able to cover all your costs of living and if you are working. For further information you may check the website of the Refugee Council in Lower Saxony, for instance (in German though).

Would you agree dear @mbeon-fardeen or is there anything you would like to add?

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

All the best,

Meike

answered 1 day ago by Meike
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