Application for Niederlassungserlaubnis and duration of asylum process

Question

Hello wefugees Team,

I am a recognized refugee and looking to apply for NE after 5 years in Germany. I read in requirements that asylum duration is also included in 5 years. I fulfil all other requirements but need information what exactly is considered start of asylum. For example;

I registered for asylum in August 2017. Where I was given some documents and was asked to make a formal application at an other reception center, where after arrive in November, 2017, my first interview was conducted. BAMF denied me asylum. Then I appealed against the decision. BAMF took back its decision and recognised my right to asylum.

So my 5 years will be completed in August 2022 or November 2022? Ausländerbehörde is not very helpful in this regard.

Kindly advice.

Thanks in advance.

Answer 1

Dear @Qtchick, 

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

Yes, you are right. If you are recognized as refugee and want to apply for the permanent residence permit (Niederlassungserlaubnis), the waiting period of your asylum procedure may be “counted” in respect of the minimum requirements for the permanent residence as well. 

I am not sure whether I totally understood your explanations. But from my understanding, the waiting period may be counted from the date you officially applied for asylum. 

However, if you fulfill all requirements and you are not sure about this specific issue, I would recommend you to submit the application to the immigration office anyway and wait for their response. 

Do you agree dear @mbeon-fardeen?

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

All the best, 

Meike