Residence permit

Question

have the requirement for 104c only that I'm still on aufenthaltsgestattung? I'm thinking of withdrawing my asylum case so to fall in duldung so tha I can apply for the 104c.i have been working for 5years now and having permanent employment contract
Have no criminal record so my question is that:
Could a deportation order be enforce if I happen to withdrawal my asylum and also in-between after withdrawing the asylum case and applying for the 104c until I have my decision from the auslanderbehorde could deportation be ordered in-between.
Already did the leben in deutschland test since one month ago and I have an appointment for A2 prufung next month. My plan is to get the 104c until I have my leben in deutschland test certificate and that of the A2 to change the 104c to 25b.
Thanks in advance..

Comments

How long did it takes until court terminate your appeal?

Answer 1

Hi @Hakeem

Had you been in Germany for 5 years on the 31.10.2022? If so, then if your status changes to Duldung then you can get a residence permit according to paragraph 104c. A person can be denied 104c if they have made repeated false declarations about their identity or nationality.

As to whether a deportation order wozuld be made in the time between withdrawing an asylum case and issuing a permit 104c, I cannot say. As the permit requires you to have a Duldung, you would need to first be issued with a Duldung and therefore there would have to be a reason for you to be given a Duldung. You should dicuss your asylum case in detail with someone knowledgeable in this area before with withdrawing your case.

Best,

Éanna

Answer 2

Hello Hakeem, i agree totally with the advice of Eanna. i think you don't have a lawyer? if you do, he is in the best position to guide and advice you accordingly. I am not sure that withdrawing your asylum in other to get a Duldung is the best solution. I will advice you to wait and keep on working, the new immigration law may favor your present situation. keep praying and keep believing, your miracle is on the way.

goodluck