Need help with general procedures in German for people with 22 S2 political asylum status

Question

Hello, Im a war journalist under protection of the German foreign ministry, I was jailed in Turkey for criticising the Turkish president's lack of support for journalists covering the war in Syria, and before that I was tortured by the Syrian authorities for collaborating with international media during the uprising and accused of being a foreign spy. I now reside with my wife and daughter in Germany since July 2019.

I am here under a special status which is not very clear to me or the German authorities themselves, I was granted Asylum by the embassy in Istanbul and came on a special visa, its a political status but not the average one and so this has made any processes in the government very hard, as most personnel working in the government have not come across our status and do not know how to deal with normal procedures such as Asylum, travel document issuance, regulations for applying for citizenship, relocating to another city etc.

We have been advised by lawyers to do two totally different actions 1. apply for refugee status and 2. remain on our current status. and both insist that one is very important over the other.

I'm sure you can understand how frustrating this is for us as when I initially applied for asylum in Germany it was a clear message to the German government stating that I wanted to move to Germany permanently, with no intention whatsoever of going back to Syria as a Syrian citizen, I mentioned that i plan on becoming a German citizen as I am wanted in many countries for my work as a journalist and this includes: Syria, Turkey, Egypt, Jordan, UAE, Qatar, Lebanon etc.

our status is classified: 22 S.2

We really need to know who can help us in making sure we are on a permanent path to citizenship and that nothing in our current status will prevent us from becoming German citizens, as again we have been advised two totally different actions that conflict with one another

I am desperate for tailored help.

Comments

Dear @ramijarrah, welcome to Wefugees and thank you for reaching out to us. I will link our dear colleagues @mbeon-Gabriele and @mbeon-Éanna here. Maybe they can have a **** at your question and help you with an answer. Best wishes, Saskia.

Answer 1

Hi @ramijarrah,

Thank you for outlining your situation in some detail.

The residence status 22. S. 2 is issued for humanitarian reasons. It gives you the right to work (both employed and self-employed) and access to all German social welfare benefits (e.g. Jobcenter).

Government employees should be informed about your entitlements and procedures around this type of permit. For example, there is a long document of administrative guidelines called the Allgemeine Verwaltungsvorschriften for the immigration law.

You current permit will be extended as long as the original conditions for receiving it have not changed.

You will presumably have been issued with the obligation to live in a certain part of Germany (in accordance with paragraph 12a of the immigration law). This can be changed to allow you to live somewhere else under certain conditions (e.g. taking up an employment, studies or training).

Regarding issuing you with a passport:

If it is unreasonable to expect you to contact your home authorities in order to obtain a passport, the Ausländerbehörde should issue you with a special passport for foreigners (Reisepass für Ausländer). In your case, it should be immediately clear that you are entitled to this.

Regarding citizenship:

A person needs to have a certain type of residence permit to become a German citizen. In brief, these are either permanent residence (Niederlassungserlaubnis) or certain working or refugee permits. The permit 22.2 does not enable you to directly become a citizen.

You would either first have to get a Niederlassungserlaubnis or a refugee status before applying for citizenship. Each option has various conditions which you would need to weigh up.

Here is more information (via online translation):

https://***-integrationsbeauftragte-de.translate.goog/ib-de/ich-moechte-mehr-wissen-ueber/einbuergerung/wann-haben-sie-einen-anspruch-auf-eine-einbuergerung--1865120?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

I am not a lawyer; however, as you have been given conflicting advice from two different lawyers it is important to find out exactly their reasons for recommending you apply for asylum or definitely do not apply for asylum. If it you are paying for their services, it is reasonable to expect this.

In my opinion, both options (applying for asylum or staying on the permit you have) are possible for you due to your personal circumstances. The main difference in applying for and receiving asylum would be that, if you are then given refugee status, you be automatically issued with a passport for refugees and could directly from that status apply for citizenship.

Here is more information (again via online translation) about residency permits according to paragraph 22:

https://***-nds--fluerat-org.translate.goog/leitfaden/24-status-bei-aufnahme-aus-dem-ausland/aufenthaltsrechtliche-situation/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Kind regards,

Éanna

Comments

Thank you @mbeon-éanna

Answer 2

Dear @Saskia, thank you for your response, it is highly appreciated , all the best R