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Hello,

I am 2.5 years in the asylum process (still have aufenhaltsgestattung) and have been working full-time for 1 year. I am pregnant 6 weeks now, and if everything goes well, I will be leaving for elternzeit at the end of this year. I did my research, but some resources say, that if the person still in the asylum process and not " annerkant " than this person has no right to elterngeld. But I also saw that if a person who is still in the asylum process works and lives more than 15 months in Germany has right to apply to Elterngeld. Could you pls enlighten me on which one is correct? Thanks in advance!
asked Mar 28, 2023 in Legal advice by usagican | 138 views

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1 Answer

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Hi @usagican,

Parents in the asylum process (with Aufenthalsgestattung) are not entitled to Elterngeld. This is covered in paragraph 1, section 7 of the law on Elterngeld:

****://***.gesetze-im-internet.de/beeg/__1.html

There are exceptions for citizens of Turkey, Morocco, Tunisia and Algeria. If this applies to you, I can provide you with further details.

Best,

Éanna

answered Mar 29, 2023 by mbeon-Éanna
but here says : https://***.einwanderer.net/fileadmin/downloads/kindergeld_und_elterngeld/ggua_elterngeld.pdf


Die Eltern müssen für einen Elterngeldanspruch
 sich seit mindestens drei Jahren erlaubt, geduldet
oder gestattet in Deutschland aufhalten und
 zum Zeitpunkt des Elterngeldbezuges rechtmäßig
erwerbstätig sein (eine geringfügige oder stundenweise Beschäftigung genügt) oder Arbeitslosengeld I oder andere Lohnersatzleistungen
beziehen.

I'm confused
The legal basis for Elterngeld eligibility in Germany is outlined in the Bundeselterngeld- und Elternzeitgesetz (BEEG), or the Federal Parental Allowance and Parental Leave Act.

According to § 1 BEEG, parents who temporarily stop working to care for their child are entitled to Elterngeld if they have been employed or self-employed for at least 12 months before the birth of their child and have been insured under the German social security system during that time.

Furthermore, § 15 BEEG states that foreign nationals who are legally employed in Germany are also eligible for Elterngeld, provided that they meet the same eligibility requirements as German nationals.

But at the same time, it says persons with Aufenthaltsgesttattung are not entitled to benefits.
The information on the brochure you've referenced does not apply in your case. It is referring to certain residence permits which usually do not give entitlement to Elterngeld. However, if someone with one of those types of permits has been in Germany for three years and is working, then they have entitlements.

You can read elsewhere on the broschure the information about people with Aufenthaltsgestattung which corresponds with the information I provided above.
Yes, I saw that part later, but I can understand that If I haven’t been paying social contributions to the social security system, then I would not have the right. But as I have a legal work permit and have been working more than a year, maybe it falls under § 15 BEEG?
I'm afraid not. The first paragraph of the BEEG states who is entitled and not in terms of residency. § 1 makes it clear that people with Aufenthaltsgestattung are not entitled. The fact that you are working and paying contributions to the social security system does not change this.
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