Paragraph 25b

Question

I came to Germany 2014, I took Asyl, in 2017 someone called my name for a crime in spain and i was ask by the German Authority to go to spain and clarify myself of  the crime and I stay there for 8 months and return to Germany after 8months, Now its my 8years now in Germany. I applied for paragraph 25b resident permit. I was told its not possible, because I left Germany and return back after some months. That my staying now in Germany  is just 5yrs. Please ist possible I can win the case

Answer 1

Dear Godstime,

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

I am afraid that your situation is not totally clear to me yet. How were you able to re-enter Germany after spending 8 months in Spain? You did not hold a residence permit, right? Even a residence permit usually expires after the holder spend more than 6 months in another country.

I think we need to have some more details in order to give a more tailored answer.

Looking forward to your response and all the best,

Meike

Comments

For me,  I didn't re enter Germany after my 8 months in Spain, at the time I left to Spain i was holding Aufenthaltsgestattung for 6 months,it then expired 2 months before I return back to Germany, when I was in spain, the Social was paying my rent and my Health insurance for the 8 months I stay in Spain. My residence in Germany was not Terminated. After when I return to Germany, I went to the Ausländerbehörde for a renewed of my Aufenthaltsgestattung, it was renewed again for 6 months. During this time my Asylum was still in process. What am saying happen in 2017 from May to December 24th. But I came to Germany 2014 November. That was when I took my Asylum. My Asylum Ended 2021 April. Since then I was using Duldung till date. The issue now is that I apply for a Resident permit according to Paragraph 25b. Because I am working for the past 3years. My company Generate Strom. My Netto is from 2,000 Above. According to calender from 2014 November to 2022 November should be 8yrs in Deutschland. But the foreign office is telling me that i am almost 5yrs in Germany not 8yrs because i left to Spain for issue in May 2017 and came back to Germany December 2017. That my stay in Germany is 5yrs not 8yrs. Please Do you think if I use lawyer on this case I will win the case and get the Paragraph 25b Aufenthaltserlaubnis