Yesterday , a letter was attached to my renewed Duldung,  the man in ausländerbehörde incharge of renewing it, say this in the letter that if government approve the chancen Aufenthalt,  i will beneift from it because I am working for 2 years without depending on the government,  i have no criminal record , i am taking care of my two german kids (though I apply for paragrah 28, they rejected me twice because they said i came to germany illegally without a visa 2016 and i have to go back to my home land and come back with family visa but my lawyer has appealed it in court and court normally takes 1 year and 6 months ), they have my Nigerian passport so my identity is clear ....    my question,  after gotten the 1 year chancen  Aufenthalt , must i go to german school to obtain B1 certificate in order to get the permanent stay after the 1 year chancen Aufenthalt?  I ask this because i am doing 3 shifts system work and i won't have time to go to a german school to obtain B1 certificate because after night work, I usually sleep day time , after early morning work, I usually sleep for 2 hours because of no good sleep , and late shift , i start by 2 to 10pm so i won't be having time to obtain any certificate but for now , i can speak a bit german because i learnt it at home myself ..   with a little german language , work and no criminal record after the 1 year chancen Aufenthalt,  will i be giving the permanent stay?    By next year i will have my unbefristet work because i have been working in my company for 1 year and 4 months...   will a little german language (without B1 certificate) enable me to get the permanent stay after the 1 year chancen Aufenthalt?
asked Nov 6 in Legal advice by felise
Your city is quite strict , even with 2 German kids they denied your paragraph 28 application and couldn’t even offer you paragraph 25(5). Normally some cities gives 25(5) when 28 is denied
@Clarion 11 , its pure wickedness from them but God pass them . I will get the document by force , i will surely win them in court . I have the faith since i am taking care of my family, i pay the rent, pay my child feeding in Kindergarten etc...
@Clarion 11 , also i am sure the person in charge of document giving in regard to german children, i am sure he or she don't like foreigners, I am not the only one that have this problem in my city, 3 guys i know that is using my lawyer , they rejected them also
You will surely get your papers bro , this is not fair . They for give you 25(5) then after 1year or so , you can switch back to 28 . Which city you Dey
I hope say you get Vaterschaft and Sorgerecht. Hope say your name appear on the Geburtsurkunde
You really no get business with chancen Aufenthalt. It’s either your city give you 28 or paragraph 25.  Do you have Duldung before your kids are born ?
@Clarion 11 , yea I have everything and i live with my kids. My name are on my kids birth certificate. I have Duldung before, so they stop renewing it because i didn't give them my Nigerian passport ,then my asyl just finished, so i left camp and stay with my gf, i live illegal with her ... its long story... my first rejection after i had my first child is that i stay in germany illegally but stadtanwaltschaft has already close the case so my lawyer reapply they denied it again with different reason that i came to Germany without a visa lol hahaha.. they didn't use the first reason again because my lawyer sent them prove that stadtanwaltschaft has closed the case that is why they came up with that second reason... now my lawyer has taken the case to court... on the reason that , someone is only judge in coming to Germany without a visa (illegal coming) for the first 3 years , after that he or she can't be judge .. my lawyer show me the paragraph... ... ... i am sure i will win this heartless people in court .. I pray the judge ask me if I have anything to say in court, i have a lot to talk ., also my gf...
Keep faith bro . Everything will be fine
@Clarion 11 bro thanks , i will like to ask you, chancen Aufenthalt is bad? After the 1 year chancen Aufenthalt, does it lead to permanent stay? Unbefristet?

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1 Answer

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Dear @felise

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

As you mentioned already, the so-called "Chancen-Aufenthaltsrecht" is not yet finally approved nor implemented. It is theoretically possible that the current draft of the law may get changed/modified in some details. Therefore, any information I can provide are not set in stone for the time being! 

According to the current draft, people who stayed in Germany on the day of January first 2022 for at least 5 years (with "Duldung", "Aufenthaltsgestattung" or a residence permit) may be eligible to obtain a temporary residence permit according to the new section 104c of the German Residence Act (the "Chancen-Aufenthaltsrecht") for the period of one year. People who got in conflict with the law and were sentenced with a certain panalty (daily rate of minimum 50; for certain types of violation of the law 90 daily rates) are excluded from this opportunity. For this one year period, applicants neither have to prove an income nor German skills!

From this type of residence permit according to section 104c, it is, however, ONLY possible to switch to a residence permit according to 25a or 25b of the German Residence Act.

In this year you have to make sure to fulfill the respective requirements of the 25a (NEW: until the age of 27 years) or the 25b. The current residence permit according to 25b requires German skills on a A2 level. Please see the whole set of requirements here.

I hope this helps to clarify and please don't hesitate to get back to us with any further questions. 

All the best, 

Meike

answered Nov 6 by Meike
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