25b Residence permit, right to duldung (fiktive duldung)

Question

Earlier I talked about withdrawing my asylum to apply for a residence permit which I already did and now I cannot challenge the decision from BAMF because the two weeks period to appeal has run out and that means technically I'm on duldung ( fiktive duldung).

Last week I was  at the Auslanderbehörde for them to have a copy of my leben in deutschland test certificate and the woman gave me a form to fill out for 25b Residence permit and she requested my lohnabrechnung for the last three month including my passport and pass photo size, I have hand over all what they've requested and i fingerprinted also but I'm still having aufenthaltsgestattung but technically I'm on duldung since I can no longer appeal to the rejection of BAMF because the two weeks period to appeal had expired..

Before (June 22) the woman in Auslanderbehörde told me she already initiated the necessary inquiries for the issuance of the residence permit, last week (1 August)I went back there that was the time she gave me the form to fill out

Will the immigration/Auslanderbehörde process my residence permit without me being issued duldung ??

Comments

@Hakeem did the lady at ausländerbehörde told you to take Freiheitlich Demokratie Grundordnung test with them?

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No.  haven't heard anyone who did it in my city

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@Hakeem okay cool, i was surprised when someone from this platform said , after he has submitted all document including leben in deutschland certificate, they still ask him to come to their Behörde for the Freiheitlcih Demokratie Grundordnung... good that not all city does it.. I just hope they don't ask me for the test too...since u thumb printed already, i don't think they will tell u to do it with them , maybe u have to sign to agree to the law of deutschland..

Answer 1

Hi @Hakeem

25b can only be issued to a person with a Duldung (or who has the new Chancen-Aufenthalt permit). It cannot be issued to a person with an Aufenthaltsgestattung.

Best,

Éanna