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Hello,
I need advice on my current situation.
Currently i am holding a duldung and already applied an ausbildungsduldung and RPS confirmed that i will get it in next few weeks. I will begin my PIA ausbildung as Erzieherin in September. I will be getting money from my praxis but after paying taxes and insurance i will not be left with enough money. Do i qualify for any fundings from the state?
I live with my husband he got recognized as an refugee last month and he is currently jobless and looking for a suitable career orientation. We are religiously married and in my passport his name is also mentioned as my spouse. I also want to know my steuerklasse.

Do i also qualify for 150€ bonus for azubis which is in effect from 1st july 2023?

Do i also qualify to have a temporary residence permit apart from ausbildung duldung as in my understanding this time will not be considered when i want to apply for permanent residence. Is it possible to change my residence status according to the new laws that just got passed in the Bundestag.
I also got My university degree recognised and have b2 Deutschkenntnisse
I have been in germany for 4 years

Thanking you in advance for your advice.
asked Aug 28, 2023 in Legal advice by Maira | 798 views

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2 Answers

0 votes

Hi @Maira

Once you begin your Ausbildung, you may be entitled to financial benefits visa BAFöG and/or asylum seekers’ benefits from the Sozialamt. You should apply for BAFöG. Depending on how much you get, you may in addition receive additional financial support from the Sozialamt.

The 150€ bonus does not apply to those doing an Ausbildung. It is only for people who are in receipt of benefits (Bürgergeld) from the Jobcenter and who are doing a Weiterbildung (i.e. like a further training course, different to an Ausbildung).

If your husband needs financial support, as a recognised refugee he is entitled to Bürgergeld from the Jobcenter. The Jobcenter will also assist him in finding work or maybe doing such a Weiterbildung as mentioned. There are often specific projects in each part of Germany to help refugees with career orientation and finding work.

Your Steuerklasse will be 1 unless you have your marriage recognised in Germany.

Based on your description of your situation, I do not know of any residence permit which would be available to you. The most likely one I can think of is paragraph 19d Aufenthaltsgesetz as your university degree has been recognised. However, for paragraph 19d you have to have been working the past two years in an area related to your qualification.

Best,

Éanna

answered Sep 8, 2023 by mbeon-Éanna
Hi Éanna,

Thanks alot for your answer. Currently I came across the new laws which will come into effect in 2024. Can you please elaborate the new laws for ausbildungsduldung which will be converted into residence permit.
Also I would like to know with such residence permit am I allowed to visit my home country or visit another countries for vacation?
And Later on can i apply for naturalization and citizenship with that residence permit?

Hi @MM 

You’re welcome! The new law will come into effect on 01.03.2024. It is planned to provide a full reisdence permit (according to a new paragraph 16g in the Aufenthaltsgesetz) for people with a Duldung who are doing an Ausbildung. It was to replace the Ausbildungsduldung which is not a full residence permit. 

However, while a regular reisdence permit is better than an Ausbildungsduldung, the new law added some additional requirements which will make it difficult for some people to obtain it, in particular for those like you who are doing a school-based Ausbildung. It does not allow access to the state eductional support Bafög and it does not allow a person to work part-time to earn money to support themselves. 

As a result, the current plan seems to be to introduce the new 16g permit but also to keep the Ausbildungsduldung for those who do not meet the higher requirements for 16g. Originally, the plan was that everyone on an Ausbildungsdudlung will automatically be issued with 16g. As I understand it now, only those who are able to prove they can support themselves financially from the Ausbildung (i.e. without Bafög or part-time work) will be given it. 

With the permit 16g you can certainly visit other countries. Whther you can visit your home country is a question I have read differing opinions on. Ultimately you are given 16g as a person who for a particular reason is unable to return to their home country. If you then travel to your home country, it can be considered that the very reason you received a permit is no longer valid.

As the law is not yet in force, the possibility to acquire citizenship with it not clear. But based on other similar types of permits, you will first have to acquire another type of permit first (e.g. permanent residency or as a skilled worker).

Please be aware that the situation is changing so keep an eye on any news about ‚Ausbildungsduldung‘ and ‚Aufenthalt 16g‘ up until 01.03.2024. 

Best, 

Éanna

0 votes
Thanks alot for your answer. Currently I came across the new laws which will come into effect in 2024. Can you please elaborate the new laws for ausbildungsduldung which will be converted into residence permit.
Also I would like to know with such residence permit am I allowed to visit my home country or visit another countries for vacation?
And Later on can i apply for naturalization and citizenship with that residence permit?
answered Oct 11, 2023 by MM
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