Good day everyone here, please I wish to know if I can apply for permanent resident permit because I have been in Germany since 2014 and since 2014 that I was in Asylum process,  I didn't get any problem with renewing my documents till I was finally granted stayed by the court under subsidiary protection in March 2019 . I have my three rooms apartment with my girlfriend and daughter,  I also have b1 German language certificate, I received €2000 after tax from my job. But girlfriend still receive money from the state because we're not married on papers in Germany and my problem is jobcenter still support us with €234 for the rent . Please I wish to know if I can go ahead and apply for permanent resident permit since I have all the requirements. Thanks and I will be grateful to get solution to this problem.
asked Aug 17, 2021 in Legal advice by Denny28

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Dear @Denny28,

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

I will paste a general overview of the requirements for the permanent residence permit here again: (source:https://www.berlin.de/einwanderung/dienstleistungen/service.871055.php/dienstleistung/121864/en/) 

Prerequisites

  • Application
    • Please file an informal written application. Please enclose with your application copies of the documents specified in the section “Documents required”. You will either receive an invitation for a personal interview or a notification of charges.
    • Your application can also be checked if you make an appointment to extend your residence permit. Please bring the required documents with you to the appointment.
  • Possession of a residence permit for 5 years   -  The residence permit must be issued for
    • cohabitation with a foreign member of the family,
    • gainful employment,
    • independent or freelance activities, or
    • on humanitarian grounds.
    If your residence permit has been issued on humanitarian grounds, periods of asylum proceedings may be counted. The periods in which you only hold a certificate of suspension of deportation do not count as periods of stay.

    A permanent settlement permit cannot be issued to persons who hold a residence permit issued on humanitarian grounds pursuant to § 24, § 25 subs. 4 s. 1, § 25 subs. 4a s. 1 or § 25 subs. 4b s. 1 Aufenthaltsgesetz (AufenthG) [German Residence Act].
  • Sufficient command of the language

    You must have an adequate command of the German language (level B 1 of the Common European Framework of Reference for Languages).

    If you were in possession of either a residence permit or a residence authorisation on 31/12/2004, you only have to demonstrate basic knowledge of the German language (level A 1) to be granted a permanent settlement permit.

  • Basic knowledge of the legal and social system and living conditions in Germany
  • Secured means of support from own income

    You may not receive social assistance benefits from a Jobcenter or the Social Welfare Office (e.g. scale-II unemployment benefits or income support).

    The proofs of income may also be provided by the spouse or same-sex partner in the event of marital or civil partnership cohabitation.

  • Old-age provision

    You must furnish proof of having paid compulsory or voluntary contributions to the statutory German Pension Fund for at least 60 months, or of entitlement to comparable benefits by another insurance company.

    The proofs of entitlement to pension schemes may also be provided by the spouse or same-sex partner in the event of marital or civil partner-ship cohabitation.

  • Sufficient health insurance- Secured means of support include an adequate health insurance for you and the members of your family:
    • If you have a statutory health insurance, you are adequately insured.
    • If you have a private health insurance, please make sure that type and scope of your health insurance are adequate.
    • For more information, please read the Leaflet on the Health Insurance (under “Forms").
  • No criminal record

    Even fines may prevent the granting of a permanent settlement permit.

From what I understand, your stay in Germany is "long enough" as you applied already for asylum in 2014 and you also meet the language requirements. However, in contrast to "recognized refugees" , you unfortunately will have to be completely independent from social money (here: your Jobcenter support) and you need to have contributed to the Old-age provision system for at least 60 months. Maybe you can contact a migration counselling office. They could support you in calculating your income/expenses and might also be able to advise you on how to get independent from Jobcenter support.

Am I right with my explanations and/or is there anything you would like to add, dear @mbeon-fardeen or @manrhei-mbeon?

In any case, please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Aug 18, 2021 by Meike
What about a person who got a residency after Beschäftigung Duldung and holds Aufenthaltgestatung for three years  a Duldung for one year and Beschäftigung Duldung for 30 months .
I heard if a person live in Germany for 8 years and got a residency can also apply for Niederlassung Aufenthalt. The time he spends in Aufenthaltgestatung, Duldung and Beschäftigung Duldung also counts . Please clarify it .
If I am not wrong in this case staying in Germany for 8 years you can also apply for Niederlassung Aufenthalt. And there is no need to hold Aufenthalt for 5 years . Please clarify it .
Thanks
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