Still in "Ausbildung" and in Germany since 4 years - can I apply for a residence permit acc. to 19d?

Question

I need clarification. I will be 4 years in Germany by August 2023. Me and my wife are officially married and both doing ausbildung. My lawyer said as per new law under 19D paragraph I can apply for resident permit after August. After august mean both of us 3 rd year of Ausbildung which earning 1300 euro per month per person. Lawyer said minimum A2, Leben in Deutschland test, without any government help and  money, under self living conditions I can apply for resident permit under paragraph 19d. Both are officially married and no kids. Is this true? Because some interest pages showing I must have kids, must ne 6 years in Germany ....etc. please be kind enough to clarify me before process with lawyer.

Answer 1

Dear @Coop,

thank you for sharing your question with the Wefugees Community.

Actually, what you lawyer has told you about the 19d, is possible when you finish your Ausbildung and you find a work in the same field, in which you have done your Ausbildung. Actually, in the new German Residence Act, there has not been any changes in section19d of it.

You are mixing section 25b of the residence Act of Germany with its section 19d. In fact, in case of having a minor child and having lived for 4 years legally in Germany, you can get a residence permit according to section 25b.

I hope, I could have answered your question. I am a MBEON consultant. If you wish to contact me directly, you can have a **** at my profile and follow the instructions there.

Best wishes

Fardeen Noori

Comments

Thank you for your response. Unfortunately I can't open the links. My  lawyer said 2 options. First when I completed 4 years in Germany because I am officially married and marriage certified in Germany she said I can apply under 25b. I need additionally A2 and Leben in Deutschland test and I need to cover my expenses my self. Option 2 is once I am complete ausbildung under 19D. About 19D I am very clear. That I need to wait another 1.5 years. But about 25B I need to clarify. Officially married, identification verified, B1, leben in Deutschland, self living Condition...etc. all requirements are done. Without kids am I eligible to apply?

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You are welcome. I don't think it is possible. If you have not reached 27 years of age, maybe your lawyer can get a residence permit according to 25a but not 25b. As far as I know and the section 25b of the Residence Act of Germany says, you have to have your own child or a child living with you, to be able to get it after 4 years. The other way to get a residence permit according to 25b is, after having 19d for two years in Germany. However, if your lawyer is sure enough, that he/she can get it for you, let him/her apply it for you. In any case, it will be very good if he/she can get it for you.

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Thank for your Info. We are 31 year old.but no kids. Officially married. Both doing ausbildung. So may be no chances.