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Hello,

I applied for asylum in Sweden back in June of 2019 and got rejected March of 2020. I went back to my home country and after a year of ban, I came here in EU country again, now me and my boyfriend(gay couple) are thinking about applying for asylum in Germany but my boyfriend applied for asylum in Sweden this January and got rejected as well. Although, my boyfriend had a student visa in Germany between 2015-2018. Also thing we are going to talk in asylum is connected to the death of German person.

Given our history, is there any chance that we can apply for asylum in Germany? But our main aim to apply for asylum in German is get ausbildungduldung.

Thank you so much.
asked Dec 11, 2022 in Asylum proceedings by Theonarsson11 | 172 views

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1 Answer

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Dear @Theonarsson11,

It is difficult to see how your boyfriend could have an asylum case processed in Germany after being rejected in Sweden. He could lodge what’s called a secondary application (in German ‘Zweitantrag’). However, for this to be admissible, there would have to be substantial new evidence in his case or changed circumstances (for example in the law or in his home country). Here is detailed information about the possibilities open to people in Germany who have had a frist asylum case rejected:

https://asylumineurope.org/reports/country/germany/asylum-procedure/subsequent-applications/

As for you, it is not clear where you are in the EU. If you have a visa for the EU country you are in, that country may be responsible for any new asylum application you make. I am not aware of what influence the rejected application from 2020 would have.

A question from me would be: if your aim is to get an Ausbildungsduldung, why not apply for a regular residence permit for the purposes of doing an Ausbildung?

Here is the information from the German embassy in Sweden about applying for a visa to do an Ausbildung. The procedure would be largely the same in all German embassies:

https://stockholm.diplo.de/blob/2445534/e31efb5599eb675e69f5a6883cd29aeb/mb-vocational-training-16a-data.pdf

Best,

Éanna

answered Jan 4, 2023 by mbeon-Éanna
Thanks for your answer, dear Éanna! @Theonarsson11: As you opened three other threads with a similar question, I will close those. It helps us to keep a better overview and information in one place. Please don’t hesitate to get back to us in this thread with using the comment function. All the best, Meike
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