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Good day to everyone.

I have Beschäftigungsduldung in which I have to receive a resident permit within 30 months. 25b abs 6.

Because of this new law in 2023 can I already use my Beschäftigungsduldung to apply for a resident permit paragraph 25b abs 1 .

Because I live with my kids for already 4 years With Duldung . And I got a Beschäftigungsduldung new because of my work.

Beschäftigungsduldung new because of my work.
asked Jan 17 in Work by Felix15 | 1 view
@felix15 can someone with A2 certificate also apply for the paragraph? The guy i know have kids and he is living in Germany for 7 years now .. he also has Duldung

Dear @felise

In case the person you are referring to does not fulfil the requirements for the residence permit according to section 25b (yet), he/she may be eligible for the so-called "Chancen-Aufenthaltsrecht" and the new residence permit according to section 104c of the German Residence Act, no? 

All the best, 

Meike

@Meike thanks for your reply . He hasn't apply for any yet.. he prefer to go for any of the 25 b that is why I am asking. Which paragraph 25b can he apply for with A2 certificate and he has Nigerian kids here in germany and he live with them

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1 Answer

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Dear @Felix15,

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

I am not a lawyer, but as far as I understand you may be eligible for the residence permit according to section 25b (1) of the German Residence Act already (after it was changed at the beginning of 2023). I provided some information on a very similar question here before.

Here are the main requirements which need to be fulfilled for the 25b and further details (compiled by Diakonie Deutschland):

  • At the time of application "Duldungsbescheinigung" not mandatory, "Duldungsanspruch" (right to toleration) sufficient
  • holders of "Duldung light" (§ 60b AufenthG) excluded
  • Issuance to holders of other residence titles excluded
  • Prior residence period of 6 years of uninterrupted legal, tolerated or permitted residence in the federal territory, or 4 years if living together with unmarried minor child in domestic community (in the case of separated parents: actual assumption of responsibility and regular stay and overnight stay in the household of the parent is decisive; also other persons with custody also included, e.g. grandparents, aunts/uncles).
  • Periods with a "Duldung light" (§ 60b AufenthG) only in the case of possession of a residence permit according to section 104c AufenthG at the time of application, but not in the case of possession of a "Duldung" at the time of application.
  • Short-term interruptions of up to 3 months of legal, tolerated or permitted residence in Germany are harmless in individual cases
  • Commitment to the free democratic basic order (FDGO)
  • Basic knowledge of the legal and social order and living conditions in the federal territory
  • Ensuring the subsistence (Lebensunterhalt) primarily by pursuing an economic activity (being able to cover the majority of the costs of living)
  • No consideration of any housing allowance payments ("Wohngeld" not counted as income)
  • Temporary receipt of social benefits usually harmless for: students and trainees (respective persons are not taken into consideration within the "Bedarfsgemeinschaft"), families with children who are temporarily dependent on supplementary social benefits, single parents with underage children who cannot reasonably be expected to work and foreigners with dependents in need of care --> waiver of this requirement if the foreigner is unable to work because of a physical, mental or psychological illness or disability
  • Sufficient oral knowledge of German (oral German language skills as defined by level A2)
  • Proof of school attendance in the case of children of compulsory school age
  • No prevention or delay of deportation due to false statements or due to deception about identity or nationality
  • residence permit to be denied in case of conviction to high custodial sentences due to (particularly) serious intentional criminal offenses 
  • Clarification of identity and fulfillment of passport obligation
  • Duration of grant: for a maximum of 2 years
  • Issuance also possible if asylum application was previously rejected as "manifestly unfounded". 

Maybe my colleagues @mbeon-fardeen or @mebon-Christine can add some information or correct me, if needed.

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

All the best,

Meike

answered Jan 22 by Meike
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