5,726 views
Hello,

I’m in Germany since 2015 and I used to hold Aufenthaltsgestattung for the whole period, then a Duldung for 3 months then I got a 25b resident permit on January 2022.

Is it possible to apply for the german citizinship? I’m considered here as a “stateless”, does this affect the procedure or it is okay?

Thanks in advance
asked Oct 10, 2022 in Legal advice by Lv777 | 5,726 views

Please log in or register to answer this question.

2 Answers

+1 vote

Hi Lv, 

welcome back to Wefugees. Thanks for reaching out to us again. We hope you are doing well?

I'm not an expert, so I'll link @meike here again, but I did a little research. 
First of all, yes, according to my research it is in principle possible for you with 25b to get German citizenship.
Unfortunately, we can not make a generally valid statement here, because each case is examined individually. 

  1. You have a permanent residence 
  2. you have been living in Germany for a long time 

          - 8 years or

         - 7 years with completed integration course or

        - 6 years with German language skills better than level B1 or

        - 3 years if you have been married to a German or have entered into a civil partnership with a German for at least two years

        - If your wife or husband or your children apply together with you, even shorter deadlines are valid. 

     3. Your identity and nationality have been clarified.

     4. You have committed yourself to the Grundgesetz 

     5. You do not receive unemployment benefit II or social welfare benefits (you and your family do not receive benefits from the job center or social welfare office) 

     6. You are willing to give up your previous nationality (exceptions are possible, e.g. for citizens of the EU and Switzerland or   recognized refugees) more information can be found here: https://***.auswaertiges-amt.de/en/visa-service/konsularisches/-/229970

    7. You have no criminal record

    8. You speak German (You have oral and written German skills at least at level B1)

    9. passed Einbürgerungstest, or school graduation or study 

During a first consultation you will then receive further information as well as an application form.The application is not free and will cost some money. 

here is more information: 

https://***.bamf.de/EN/Themen/Integration/ZugewanderteTeilnehmende/Einbuergerung/einbuergerung-node.html;jsessionid=8D6B1C3674AFAB0D8215D8CDE3A1B20E.internet272

I hope to have helped you with my answer and wish you all the best! 
If you have any further questions, please feel free to contact us. 

warmly 
saskia 

answered Oct 11, 2022 by Saskia Wefugees
Thank you for the answer.
Is the time before having the 25B resident permit( Aufenthaltsgestattung and the duldung time) calculated in the 8 years period?
Dear Lv,

I checkt with the BAMF.
The eight years are valid from your first application in Germany, your asylum application I suppose :)
Hi @ Lv777,

The time before having the 25b residence permit is not calculated towards the 8 year time period.

The time with an Aufenthaltsgestattung is only counted if a person has a successful asylum application. As you had a Duldung this is not the case and so for you it is not counted.

Do be aware that the current government is planning to change the laws around citizenship to make it possible after 5 years. This is as of yet just a plan so it is not definite.
What you wrote is a speculation/thought/theory or something else? Drop the source for things you say otherwise the credibility of your comment is under question.

Dear @wolfspirit,

The source is paragraph 10 of the law on nationality (Staatsangehörigskeitsgesetz):

https://***.gesetze-im-internet.de/stag/BJNR005830913.html

The text in German refers to 8 years of lawful residence (rechtmäßiger Aufenthalt). The time spent with an Aufenthaötsgestattung is only taken into account as such if the person has had a successful asylum application. This is detailed further in paragraph 55, section 3 of the law on asylum procedure:

https://***.sadaba.de/GSBT_AsylVfG_55_73.html#Pa_55

You can read a more detailed legal commentary (in German) on this question here under section 2.3 'Aufenthaltsgestattung':

https://***.migrationsrecht.net/kommentar-staatsangehoerigkeitsgesetz-stag-deutscher-pass-stag/kommentierung-stag-einbuergerung-aufenthaltsdauer.html

Dear @mbeon-Éanna, Many thanks for your comment and for sharing these important information! We are very happy to have you - as such an experienced expert - on board and supporting the platform! Best wishes, Meike
Thanks @Meike for the nice words, happy to be here!
@wolfspirit lets not be rude. A „please“ in a sentence goes long way.
+1 vote

I have also got my residency   25B ABS. 1 S.1 after 7 years after holding Beschäftigung Duldung for 30 months. I think the time of duration of asylum is not counting but it’s depends on ABH sometimes you can apply for German pass as well but it’s totally depends on ABH. Drop your email or contact number we can talk in detail . I have the same quarry 

answered Oct 18, 2022 by Sam Sam
Okay thanks I have give them all what they need and I have finger printed since one week now but I'm having duldung not a paper to show I'm waiting my card
@Hakeem it's strange , they suppose give you that paper as long as you have thumb printed but maybe it's different from your side , I live in Nordrhein-Westfalen. If u don't have no criminal record and u qualified to apply. Just wait they will grant u
I have a post with pin and puk about my residence permit does it mean my card is with the Auslanderbehörde or ??
@felise My lawyer has applied 25b to the ABH ? How long do you think it may take to get a response from them ?
Hi bro, did you end up back in Germany with a visa and how did you apply for family reunification, I'm in the same boat as you and I'm especially interested to know, please leave your contact info thanks!
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
5,200 questions
6,176 answers
8,071 comments
139,183 users