I have been living in germany since 24 of April 2015 this is time I seek for assylum and I was rejected 2018. and I was issued  Duldung and I was working as from 2017 .
may. in 2021 I was issued aufenthaltserlaubnis( 28) base on my child is a german citizen.  
my question is german lawyer is state someone need to stay in germany atleast 8yrs before he can apply for german passport. the day I seek assylum is included with the 8yrs or counted the day I was issue aufenthaltserlaubnis
asked Feb 11 in Legal advice by Gentle james

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1 Answer

+2 votes

Dear Gentle james,

Welcome back to the Wefugees Community and thank you for your question.

Unfortunately, the duration of the asylum procedure and the times you were holding a "Duldung" (temporary suspension of the deportation) can not be "counted" in terms of the requirements for the naturalization procedure. The law is asking the applicant to prove a "legal and continous/uninterrupted residence" (the Duldung is not considered as legal residence, as the person is de facto still obliged to leave the country) for a minimum period of 8 years. However, please note that you can shorten the period to 6 years if your German language level is better than B1 (or 7 years if you successfully completed an "Integrationskurs"). For more information you can check also this thread as well as this website (tailored for applicants residing in Berlin though).

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

All the best,

Meike

answered Feb 11 by Meike

@meike What about a person who lived in Germany for 7 years holding Aufenthaltgestatung for 3 years , Duldung for 1 years and Beschäftigung Duldung for 30 months 2 and half years . Incase he get a residence permit according to 25b after successfully integration in Germany after 7 years . He has done B1 Deutsch and Lebens in Deutschland certificate and worked full time for the last 6 years continuously. When he will be able to apply for PR permanent residence and German passport ? Will all these 7 years will be counted for naturalization ? Please advised thanks

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