Being free from Duldung through Arb 1/80 or Marriage?

Question

Hi,
I was informed that I will be deported in September 2021 since I will not be able to finish my studies within the 10-year duration of my Studium visa. I objected to this decision and I was allowed to stay in Germany until the case is finalized.
I have been working as a werkstudent since April 2021 and it has been 1 year now. Also, my company pays rentenversicherung for me. Considering that I am a Turkish citizen, can I apply for Arb 1/80 and benefit from the law?

If I tell the officer at the foreigners' office about my situation and inform that I have been working in the same company for a year, would it help?

Also, I have a girlfriend that I want to marry soon. She is a foreigner who has completed his master's degree in Germany and works at a German company. Thus she has a residence and work permit until July 2023 which will probably be renewed after that. To get married to her, can I get my passport back or is it possible to get married using the ID from my country of origin in the consulate (considering my girlfriend and I are from the same country)? After this, do I get rid of the duldung and get a residence permit through marriage?
Many thanks for the answer in advance.

Comments

Dear @hsgl92, thank you for reaching out to our community with your question and I'm sorry to see, that you haven't received an answer yet. I will link our experts and dear colleagues @mbeon-Éanna and @Meike here. Maybe they can have a **** at your question and get back to you shortly with an advice. Best wishes, Julia

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Hello Julia and hsgl92, Unfortunately, I’m not familiar at all with the regulations and the residence conditions for Turkish citizens (here: “ Beschluss Nr. 1/80 des Assoziationsrats EWG/Türkei). I am afraid that I can not help much - I hope that @mbeon-fardeen or @mbeon-Ruth, for instance, can add some information on this. All the best, Meike

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Hi @Julia_Wefugees and @Meike, Thanks a lot for your answer. I would appreciate it if @mbeon-fardeen or @mbeon-Ruth could help since we are still in the same situation. Especially regarding the marriage, how can we get the passport from the Foreigners Office to get married? Best regards

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HSGL2,

How long have you been in Germany? maybe you will qualify for 25b resident permit.
Do you have a child with your girlfriend? are you living with her? maybe you will get 25.5 resident permit.
How many ECTS credit do you have? maybe they can tolerate you to finish your studies and get a job.
The werkstudent part time job you did is irrelevant in your case, atleast for now.

Answer 1

Dear @hsgl92, about your question of the passport. Talk to the Foreigner's Office and tell them you need it for the marriage. I think there should be no problem to get it. As for your other question (that is securing your stay in Germany): I will investigate and then come back to this question. Never had such a case before. Have you asked a lawyer already? Regards mbeon-Ruth

Comments

Hi @hsgl92, I am not familiar with this law and thus cannot give you qualified advice on your question (ARB 1/80). Though I read through the internet to find information, your case is still not clear to me. Sorry. I highly recommend to take a lawyer for your case, if possible someone who is an expert on ARB 1/80. I wish you all the best. Regards mbeon-Ruth