I claimed asylum after three and half years after legally staying with student visa

Question

Hi Wefugees team,

I am new in this platform and thank you for creating this platform where we can discuss legal and asylum issue.

First of all, I am from Afghanistan and I have come to Germany on student visa 3 and half years ago but one month ago my aufenthalt got expired and I could not extend my stay because I was kicked out by my university due to a failed exam. I wanted to go back to my country but the situation is extreme now and I must stay here.

I have applied for asylum in NRW and recieved a Ankuftnachweis for one month. I have few questions if you could answer it would be a great help.

What are my chances for my asylum application? Which status would I get?

Would they consider my legal 3/5 years stay after claiming asylum? if I want to apply for permenant residence permit?

by any chance do you know now adays how long is the time duration for appointing the first interview in the NRW region?

When will I get out of this facility center and have my own place in the same region?

If you could answer my question that would solve most of my concerns.

And please give me addresses of social counsil centers for refugees in NRW Monchengladbach?

Answer 1

Dear @Azimi,

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

Unfortunately, it is hardly possible to predict your chances to get humanitarian protection without knowing your background and your situation better. However, it will be very important to enter the interview at the BAMF (the so-called "Anhörung") as well prepared as possible. The decision on your asylum application will be based on your explanations in this interview. I would highly recommend to get support in a so-called "Asylverfahrensberatung" (asylum procedure counselling services) BEFORE the interview. The local counselling staff may be also able to give you further information on the expected time frame.

The authorities (BAMF) will either grant an asylum or refugee status, subsidiary protection, a ban of deportation or (in the worst case) reject the application. After you received the decision, you may appeal in court as well. Please be aware of the potential narrow appealing deadline. 

Regarding the permanent residence permit (Niederlassungserlaubnis), I am afraid that your three years holding a student resident permit before applying for asylum may not be "counted". As far as I know, the student residence permit by itself can unfortunately not qualify for the permanent residence permit. It would be different if you would have finished your studies at a German University/College and you subsequently obtained a residence permit to work. After only 2 years of holding this type of residence permit, people may meet the requirements for the permanent residence already. 

The government may oblige asylum seekers to stay in the reception camps for up to 18 months - but this is also dependent on the individual situation. 

Dear @mbeon-Christine or @mbeon-fardeen, am I right with my explanations and/or is there anything you would like to add?

For individual counselling you could contact the Refugee Council Mönchengladbach, for instance.

I hope this helps and all the best,

Meike

 

Comments

I also have the similar situation.

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Hello Meike thank you for your fast response.
I was a journalist back in Afghanistan and hopefully I get humanitarian protection.

What happens after the first interview? I want to start the German language course asap so i could start a Ausbildung afterwards. Will they issue me another document after my ankunftnachweis expires which is valid until 9th of September.
Regards

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Dear @Azimi, 

As you applied for asylum, the immigration office should issue a so-called „Aufenthaltsgestattung”. After the interview you need to wait for the decision (“Bescheid”) of the BAMF and be prepared to appeal against it within a few days/weeks, in case you are not happy with the decision. Before you received a decision on your asylum application, it may be difficult to get the permission to attend the so-called “Integrationskurs”, which also includes German classes. I would recommend you to contact the above linked Refugee Council, for instance, in order to receive more information on alternative options for German courses. There is a big chance that you might be able to attend another type of course for the time being. This highly depends of the conditions and support structures in a municipality. 

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

Best, 

Meike