Hello again,

I'm living in Germany since 3 years ago with my wife and two babys  holding a Aufenthaltsgestattung. I didn't received any invitation to the court yet and in April we'll have 3 years waiting for a hearing.

Today I read something about a new law valid since December 31 called "Chancen-Aufenthaltsrecht nach § 104c AufenthG".

Could you please tell if we can we apply to this residence?
asked Jan 5 in Legal advice by Faga0206

Please log in or register to answer this question.

2 Answers

+1 vote
Best answer

Dear @Faga0206,

Welcome back to the Wefugees Community and thank you for your question.

Unfortunately, you are not able to apply for the new residence permit according to section 104c of the German Residence Act ("Chancen-Aufenthaltsrecht") as only people are eligible who stay in Germany for more than 5 years (by end of October 2022) and currently hold a so-called "Duldung" (i.e. after a rejected asylum application). I understand that is very difficult to wait for such a long time and really hope that you can be patient for a little more. For the time being, I recommend you to make the best out of the situation as it is very important to "use" the time you have for learning the language, gain some more professional/job experience etc.

In any case, please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Jan 5 by Meike
Mr. @Meike Could you please tell me if after 3 years Can I send a letter to the court asking for a soon hearing? Or do you think that may be counterproductive to my case?
Dear @Faga0206, are you referring to the "interview" at the BAMF or did you appeal against the asylum decision in court? All the best, Meike
Dear Mr. @Meike, I mean the administrative court. After received the negative decision from BAMF I did the appeal at the administrative court but that was 3 years ago and I'm still waiting. I would like to send a letter to the court asking if could be possible a soon hearing at least this year but I would like to ask you, if I do it could be counterproductive for my case, will it be possible for the judge to get upset? I'm triying to do everything that I can for being well integrated, languages, drive license, Anerkennung but as you know with an Aufenthaltsgestattung it is difficult to move forward I even asked to the Agentur für Arbeit to help me to pay a B2 course for work and they refused because some law about the arrival to Germany after August 2019 so I'm a little bit trap here.
Faga206, you dont need to do anything while you are expecting a reply from an Administrative court, the best you can do is making the best use of that time frame to integrate. learn Language or engage is the labor market. one of this two should suffice.
goodluck.
Agentur can never deny you a job except if Auslanderbehorde denies you a working permit.
Dear Mr. @Meike, I mean the administrative court. After received the negative decision from BAMF I did the appeal at the administrative court but that was 3 years ago and I'm still waiting. I would like to send a letter to the court asking if could be possible a soon hearing at least this year but I would like to ask you, if I do it could be counterproductive for my case, will it be possible for the judge to get upset? I'm triying to do everything that I can for being well integrated, languages, drive license, Anerkennung but as you know with an Aufenthaltsgestattung it is difficult to move forward I even asked to the Agentur für Arbeit to help me to pay a B2 course for work and they refused because some law about the arrival to Germany after August 2019 so I'm a little bit trap here.
0 votes

Hi @Faga,

thanks for your question, which is undoubtedly interesting for many of our readers.

Here comes some additional information:

welcome to our community and thank you for your interesting question.

In order to obtain a residence permit according to  § 104c residence act,

Applicants in general have to meet the following conditions:

  1. Being a holder of a „Duldung“ when applying
  2. Must have been in Germany for at least five years at Oct 31rd 2023 without interruptions (longer than three months)
  3. Commitment to the free democratic basic order
  4. No conviction for an intentional crime; fees up to 50 days for minor crimes or up to 90 days for crimes which can only be committed by strangers are legally innocuous
  5. Did not provide any false personal data (about identity or nationality in order to avoid deportation).
I hope these further annotations are useful.
Best,
mbeon-Christine
answered Jan 12 by mbeon-Christine
Dear Mrs. @mbeon-Christine, I mean the administrative court. After received the negative decision from BAMF I did the appeal at the administrative court but that was 3 years ago and I'm still waiting. I would like to send a letter to the court asking if could be possible a soon hearing at least this year but I would like to ask you, if I do it could be counterproductive for my case, will it be possible for the judge to get upset? I'm triying to do everything that I can for being well integrated, languages, drive license, Anerkennung but as you know with an Aufenthaltsgestattung it is difficult to move forward I even asked to the Agentur für Arbeit to help me to pay a B2 course for work and they refused because some law about the arrival to Germany after August 2019 so I'm a little bit trap here.
Dear Faga,
as Meike already stated, there is nothing you can do in the moment other than learning German and tryng to find a job or vocational training. Writing to the court won't change the situation, as the court has to proceed all cases in chronological order. Moreover, if there is a lawyer involved, just ask her or him before undertaking anything.
Good luck for you!
@mbeon-Christine please I will like to know this, after the 18 months of using chancen aufenhalt and the person in question don't have much knowledge of german or maybe he have only A1 level because of his or her 3 shifts system of work , what will happen to such person? Will they return the person back to Duldung? What language certificate they want before they can switch to any other documents? Also someone that apply for paragraph 28 because of german kids , and the person later take the chancen Aufenthalt because of his rejection in paragraph 28 , can the person later on switch to paragraph 28?
Dear Felise,

thank you for your additional questions. If you can't meet the conditions prescribed by the new law, you'll be returned to a Duldung. Nevertheless, don't worry too much about that - even if you can't attend a course due to your working time, you can prepare for the exam online whenever you find some free time, e.g. here: https://www.dw.com/de/lernangebote-f%C3%BCr-das-niveau-a2/s-13213. Please note that it might be reasonable to register for the exam after about 15 months - because the examination centres need some lead time and it takes also some weeks until the results will be delivered. If a person wants to switch to another residence permit (most probably acc. to §  25b of the residence act), they also need a B2 certificate and the LiD-certificate (of the test "Leben in Deutschland" or the naturalisation test). if someone applied unsuccessfully for a § 28 residence permit, the door for Chancenaufenthaltsrecht is still open if the conditions of this § are met. And the other way round - the requirements for § 28 being much higher, of course.
For more detailed questions you can also write me on mbeon (München, Frau Müller). Mbeon is a free app for confidential counselling.
Just another additional remark: The regular way  to a better residence permit after § 104c is via a residence permit acc. to § 25 a or b. Nevertheless, the change to a residence permit acc. to § 28 is not excluded, but possible only after 18 months under § 1014c.
@mbeon-Christine * is not excluded*, do you mean its possible I can switch to paragraph 28 with chancen Aufenthalt without having no german certificate? My last question, is it possible to win ausländerbehörde in court ? Has anyone won them in court before ? I mean those that have german kid that were rejected . My case is in court , I have no criminal record , they still insist i go to Nigeria and come back with family visa . Will paragraph 78 STGB help me because my lawyer want to use it against them because they judge me coming to germany illegally without a visa and before they used it , have already been in germany for 5 years. Also my lawyer will use my permanent work and my woman working only on weekend since i am the Betreuung for the kids if she go to work on weekend ... can this help?
"not excluded" means, that  art. 104c allows for a direct change within the 18 months under a Chancen-Aufenthaltsrecht to, f.e. to a residence permit acc. to § 25 b Residence Act for well-integrated parents. A change to other residence permits should take place only after the 18 months' period. I would strongly recommend you to discuss all the other questions with your lawyer, as I don't know the details of your case and can only provide some general information about the new laws here on our public platform..
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.
4,610 questions
5,518 answers
7,442 comments
138,142 users