An International student from Ukraine

Question

 I am a Nigerian studying in Ukraine before the war, when the war started I arrived in Germany in May 2022 in the Hesse state, the District of Lahn-Dill-Kreis. I was issued a 6months fictional certificate which has already expired. During the 6 months, I was attending a German course and learned German, before the 6 months ended, I received a letter that I should leave the country, and that longer stay protection is only for Ukrainians, and my application for a residence permit was denied. I was given the chance to appeal the decision at the court which I did in February. In May I informed the foreign authority that I have an apprenticeship contract and a certificate to study at a university in Germany, but the foreign authority kept on insisting that I should leave the country, I have my German B1 certificate and I can secure my livelihood here in Germany without taking social benefits, the court also said they don't see any reason to make a positive decision on the case and advised me to withdraw the case to save costs. Now I was advised to apply for asylum or go back to Nigeria and come back through the visa route, getting a German visa in Nigeria is almost impossible and I am thinking about going through the asylum process could you please advise me on what to do?

Answer 1

Hi @beebson

As I understand it, you came to Germany from Ukraine and made an application for a residence permit according to paragraph 24 (temporary protection). Did you then appeal (in German ‘Widerspruch’) the decision with the immigration office? Did you then go on and file a lawsuit (in German ‘Klage’) with the local administrative court (Verwaltungsgericht)?

If I have understood your case correctly, then the court is considering your entitlement to paragraph 24 (temporary protection). If you do not think you have an entitlement to temporary protection (i.e. you had a temporary residence permit in Ukraine and do not have Ukrainian family members or in a relationship with a Ukrainian person), then it may be best to withdraw your case. But I am not a lawyer so cannot advise on the correct course of action.

The other aspect of your situation is that you have found an Ausbildung, which is great. The issue as I see it is with the timing as your application for paragraph 24 was rejected before you got the contract.

Have you been issued with a deadline to leave Germany (Ausreisefrsit)? Were you sent a paper to confirm when you leave Germany (Grenzübertrittsbescheinigung)?

If you have not made a written application for a residence permit according to paragraph 16a of the Aufenthaltsgesetz I recommend you do so, enclosing a copy of the Ausbildung contract. If you are already obliged to leave Germany, it is likely they will continue to insist that you leave and go through the visa process. Have you already begun the Ausbildung? If so, I would point out that is unreasonable to expect you to leave during the Ausbildung as it will interrupt the very reason you are entitled to a permit.

Best,

Éanna

Answer 2

Thanks for your response, yeah I have been issued a note to leave Germany since May and I have also applied for the Ausbildung residence permit which they did nothing about the application, they still stand on their decision that I must leave the county and go back home to apply for a visa. I wasn’t allowed to do the Ausbildung this year. My boss has assured me I can still do it next year but I still need a paper to submit to the Handwerkskammer that I can stay here in Germany. Now before next year comes I am thinking about applying for asylum and maybe I could submit the ID that will be issued to me as an asylum seeker to the Handwerkskammer and I will be allowed to start the Ausbildung. Do you think that will work?

Comments

You’re welcome. Unfortunately the timing in your case resulted in you being offered an Ausbildung when your case was already decided upon and you were obliged to leave Germany. They still have to process your application for a resident permit to do an Ausbildung, however they are unlikely to grant it unless you leave Germany and go through the visa process.

Are you aware of the type of temporary residence permit called an ‘Ausbildungsduldung’? This is not a full permit but is more secure than a standard Duldung. It allows the holder to complete an Ausbildung in Germany without being deported. Upon completion, they can then get a regular permit as a qualified worker. To get an Ausbildungsduldung, you first have to have a Duldung. If you wish to try this, I recommend you apply in writing for a Duldung, giving the offer of an Ausbildung as the reason. If they issue you with a Duldung, you can then apply for an Ausbildungsduldung.

An Ausbildungsduldung usually applies to people who have been through the asylum process, had their cases rejected and now are in possession of a Duldung. It does not, however, require that you first go through the asylum process.

Here is further information about the Ausbildungsduldung (it focuses mostly on people who have been through the asylum process but much of it is also relevant to you):

https://handbookgermany.de/en/ausbildungsduldung

I cannot advise on whether it is a good idea to apply for asylum or not. Please be aware that if you do so, you are not allowed to work or do an Ausbildung for the first three months. After than you can if you get the permission of the Ausländerbehörde.

Best,

Éanna