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Hallo, i have already applied for a resident permit through the Härtefallkommision in Stuttgart  under section 23a since May 2022 but i have not yet get answer from them, I'm asking whether i can also apply for the new law that is granting resident permit to those that have 5 years in Germany?
asked Mar 9, 2023 in Legal advice by Saihou | 203 views

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Dear @Saihou,

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

I am not too familiar with the procedures of the Hardship Commission (Härtefallkommission) in Baden-Württemberg. But I am afraid that it is probably not a good sign that you haven't heard from them since almost one year. I understood correctly that you contacted the hardship commission to apply with your case, right? It is not that they decided on your case already and you apply now for the respective residence permit 23a at the immigration office (Ausländerbehörde)?

I would recommend you to contact them again - maybe a counselling office can support you as well in clarifying the situation. Usually, the hardship commission only accepts a case if there is absolutely no other option for the applicant to stay in Germany and subsequently obliged to leave the country. Therefore, the hardship commission may also ask you to apply for another residence permit if there is a chance for the issuance. For the requirements of the new "Chancen-Aufenthaltsrecht" (for people who stayed in Germany for more than 5 years by the end of October 2022), you may see this thread, for instance. If you are eligible, it most probably makes sense to apply for it (if you are not already eligible for a residence permit according to section 25a or 25b). In any case, I would advise you, again, to discuss your individual situation and the next steps in a migration/refugee counselling office.

All the best,

Meike

answered Mar 10, 2023 by Meike
Thank you for the respond.
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