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Hallo, please kindly advise accordingly. I and my Husband applied for Ausbildungduldung since our Asy cases ended negatively. However the ABH asked for a list of requirements which included das Leben in Deutschland Test so we then asked why we had to submit it as it is not a requirement for the Ausbildungduldung. They then told us that they wanted to give us Residence Permit Paragraph 25(b) as we have been living here for 4years now we are both intergrated B2, both doing 3year Ausbildung, financially independent and we have 2 minor kids. So the problem is this Leben in Deutschland Test is not easy to find the closest dates we found were in June ofwhich my Husband will be finished with his Ausbildung in July. Should we insist on getting the Ausbildungduldung as we have all the requirements for it or should we just wait until we write this Test? My other Question is what Ausweis will we have during this period of waiting to write the exam because our Asy cases have been clossed?..Thanking you in advance!
asked Mar 19, 2023 in Legal advice by Sakapaidamoyo | 327 views

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Dear @Sakapaidamoyo,

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

I am glad that you could clarify the misunderstanding we discussed about the required "Leben in Deutschland" Test in your last thread.

I am neither a lawyer nor very familiar with the residence permit according to 25b. Therefore I will just express some thoughts about your situation and options.

Usually, people holding a so-called "Ausbildungsduldung" apply for a residence permit according to section 19d of the German Residence Act as they are entitled to receive it after they successfully completed the vocational training ("Ausbildung").

The "Ausbildungduldung" as such is not a residence permit but only a "Duldung" (temporary suspension of the deportation). Duldung holders are not allowed to travel outside of Germany and the time while a person is holding a "Duldung" will not be calculated/counted for the required amount of years having legally stayed in Germany in order to receive a permanent settlement (Niederlassungserlaubnis) or the citizenship. Put in simple words: The earlier you hold a temporary residence permit, the earlier you will be able to apply for a permanent one.

Whether you might be in danger to get deported or not (while simply "waiting" and not applying for the "Ausbildungsduldung" or a residence permit) is an aspect to consider as well and depends on several factors.

I will link my dear colleague dear @mbeon-Éanna here - maybe he can add some advice/information.

In any case, I can also recommend you to get support in a refugee/migration counselling office to assess your individual situation carefully.

All the best,

Meike

answered Mar 19, 2023 by Meike
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