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Your application for a residence permit in accordance with Section 25, Paragraph 5 of the Residence Act;  here: hearing Dear Mr Sarfraz, With a letter dated February 4th, 2020 you apply for a residence permit in accordance with Section 25, Paragraph 5 of the Law on Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG) of 30.  July 2004 (BGBI I p. 1950) in the currently valid version.  According to Section 25, Paragraph 5, Clause 1 of the Residence Act, "a foreigner who is enforceably obliged to leave the country can be granted a residence permit if it is impossible for legal or factual reasons to leave the country and if the obstacles to departure are not expected to disappear in the foreseeable future."  An exit is impossible for actual reasons if the Federal Republic of Germany cannot be left, if the person wishing to leave would be prevented from crossing the border, for example, or if entry by land, sea or air into the only receiving country is not possible  Departure occurs when departure is unreasonable for legal reasons. The concept of impossibility is not to be equated with unreasonable. In principle, you are able to leave the Federal Republic of Germany, and the Federal Republic of Germany does not refuse to allow you to leave the country.  It is also possible for you  h to enter your home country or another host country by land, sea or air.  Thus, there is no actual impossibility of leaving the country.  There is a legal impossibility to leave the country if, for legal reasons, it would not be reasonable to expect them to leave the Federal Republic of Germany, if, for example, there would be a significant concrete risk for health reasons within the meaning of Section 60 (7) sentence 3.  General adversities, however, which do not result in any obstacles to deportation, are not taken into account.  When determining the legal impossibility, basic and human rights positions can be used.  However, you do not assert any such reasons or positions.  According to Section 25, Paragraph 5, Clause 2 of the Residence Act, a residence permit should be issued "if the deportation has been suspended for 18 months."  5 sentence 1 of the Residence Act only if it is actually or legally impossible to leave the country and the foreigner recognizes this fact in accordance with Section 25 (5) sentences 3 and 4 of the Residence Act
asked Apr 16 in Legal advice by Rana
What can I do I need help.this period I have submitted marriage paper with German woman. Now on process not finished.
I have now beschäftigungsduldung 30 months. But I want help about §25.5 immigration asked me tell about which law we give you resident permit. Clear me all .some one help me.

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Dear @Rana,

Welcome back to the Wefugees Community and thank you for reaching out to us again. 

The Section 25 (5) of the German Residence Act states:

"A foreigner who is enforceably required to leave the federal territory may be granted a temporary residence permit if departure is impossible in fact or in law and the obstacle to deportation is not likely to be removed in the foreseeable future. As a general rule, the temporary residence permit is to be granted if deportation has been suspended for 18 months. A temporary residence permit may only be granted if the foreigner is prevented from leaving the federal territory through no fault of his or her own. Fault on the part of the foreigner applies in particular if he or she furnishes false information, deceives the authorities with regard to his or her identity or nationality or fails to meet reasonable demands to eliminate the obstacles to departure"

As far as I understand, you currently hold a "Beschäftigungsduldung" and you are about to marry a German citizen. What is the reason you applied for a residence permit according to section 25 (5)? As one of my colleagues wrote here, after holding your Beschäftigungsduldung for 30 months, you may apply for a residence permit according to section 25b (6) resp. section 25b (1). 

As another alternative, you may apply for a residence permit according to section 28 as spouse of a German citizen after the marriage. 

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

All the best,

Meike

answered Apr 18 by Meike
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