Aufenthaltgestatung and Blue card

Question

Hello everyone , thanks to the admin for helping lots of people on here through their selfless answers, they have been extremely useful to me in many areas.

I spoke to a friend recently , whom has been in Germany for a while , over 5 years and has a good job contract that qualifies him for Blue card , but he recently just got his residence permit after holding Aufenthaltgestatlung for  a long time. The question is - should he apply for the blue card ?? Does the time which he held Aufenthaltgestatung count now if he wants to apply for permit residence ?? Or does everthing automatically start all over. He got his New residence from marriage and not from asylum procedure. A kind and an early reply would be appreciated

Answer 1

Dear @Sanesam,

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

If a person's asylum application was rejected, the time he was holding an "Aufenthaltsgestattung" (during the asylum procedure) will not be "counted" for a later application for a permanent residence permit (Niederlassungserlaubnis).

However, if your friend is holding a residence permit according to section 28 of the German Residence Act now (spouse of a German citizen), he may apply for the permanent residence already after three years holding the temporary residence permit. Please see this website, for instance, for the full list of requirements and further information.

I am not an expert on the Blue Card, but I do not necessary see an advantage in applying for it now. I will link our dear experts @mbeon-Christine and @mbeon-ruth here. I hope they will correct me if necessary and/or add some more information.

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

All the best,

Meike