Firstly, I sincerely appreciate your time, advice and suggestions through this platform. I came to Germany on a student visa for a Master's degree in 2015, but unfortunately couldn't complete my studies because I was denied extension of my residency the foreign office in 2018 after three years.

My wife joined me with family reunion visa in 2017 while I was still studying, but unfortunately the same foreign office didn't recognize our marriage certificate which was used to issue her a reunion visa by the German embassy in my home country. We were asked to leave Germany in 2019 because I couldn't raise enough fund to support my wife and child then. I appealed the decision in the court and it was rejected. Our passport were seized and we were issued with Duldung. This caused a lot of emotional stress and depression and I was placed on medication for some time.  

Currently we have two children and I am working. I applied for asylum to protect my children and they were placed on Aufenthaltsgesttatung.

Recently, I was told to apply for 25b Aufenthalt after meeting the requirements. I applied last September (three months ago) and still waiting for the response from the foreign office till today. Just recently, I attented the Asylum interview by BAMF and also waiting for the result.

My question is this:

Assuming the Asylum result is positive and I am issued an Aufenthalt, can it be switched later to 25b Aufenthalt assuming the 25b comes out positive afterwards? I mean can the foreign office accept to change residence permit issued through asylum to 25b residence permit assuming both are positive? Can the two applications run concurrently or must I have to withdraw one application for the other? I don't want to sound like counting my eggs before they hatch, I am only trying to get prior information.

Thank you all once again as I anticipate your response.

Regards, Stanley
asked Dec 19, 2021 in Asylum proceedings by Stan_cour

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