Hello Experts,
Can anyone please explain me this law "26 Dauer des Aufenthalts" in simple words?

I'm asking this because my family (wife and 2 children)  has been entitled with residence permit 25 (5) and its with six months validity. Will this permit be extended after 6 months? If yes then will it be for 6 months again? And when can my family able to apply the permanent residency? And I have residency according to 19d with 2 years validity. I have asked my lawyer about this and also asked her if she can help me to find a way in which I can apply the residency for my family for longer duration instead of 6 months but she has sent me this law "26 Dauer des Aufenthalts". I have read this but unable to understand can someone please explain it to me in a simple way. Thanks

I have asked this question on mbeon app as well but the person is not responding.
asked Aug 23, 2022 in Legal advice by Refusegee | 691 views
Hello @Refusegee and welcome back to our community. I will link our dear experts @mbeon-nabila, @mbeon-Gabriele and @mbeon-Éanna here, maybe they can have a **** at your questions and help you with an answer. Best wishes, Julia

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1 Answer

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Hi @Refusegee,

A resident permit under paragraph 25 (5) is issued first for three periods of six months validity. After the three periods (in total 18 months) have passed, the Ausländerbehörde can give them permits with longer validity (up to a maximum of 3 years). This is why your lawyer sent you paragraph 26. That paragraph details the rules about the lengths of different types of permit. If they have not reached the 18 months, then it is not possible for them to receive longer.

They can apply for permanent residency after 5 years of living with a residence permit in Germany.



answered Aug 26, 2022 by mbeon-Éanna
Thanks for your detailed reply. 1 last thing I want to confirm if my family can travel home country with this (para 25 - 5 ) permit? I did a little research on Internet found out that one cannot visit home country with this permit. But when I asked this to our responsible person in Ausländerbehorde. My family can travel to home country with this permit without any issue. So I'm little confuse now. According to this paragraph, this permit is issued to the persons not having passports. And if anyone managed to travel home country, permit will be cancelled. Please keep in mind that my family have the passports.
You're welcome. I cannot unfortunately confirm whether they can or cannot travel to their home country. You mentioned having a lawyer, have you asked them about this? Do you have a link to the source where it states they cannot travel?

The permit 25.5 is a humanitarian permit issued for various reasons, not just about not having passports. It is given to someone who is supposed to leave Germany but for certain reasons cannot do so.

One reason can be not having passports and not being able to acquire them. Other reasons are requiring medical treatment which cannot be offered in the home country or having a child/parent with a residence permit in Germany.

Whether travel to the home country is allowed depends on why the permit was given, i.e. why the person could not leave Germany. The permit is given to people who have an obligation to leave Germany but cannot. If the permit is issued and the person is then able to leave the country for a visit home, then it may cause issues when trying to renew the permit. But your lawyer is the best person to ask this question to.
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