Asylum seeker how to get Aufenthaltstitel

Question

I heard Asylum seeker if work and pay taxes for 24 or 36 months can apply for Aufenthaltstitel. Is it true? If so under which paragraph number. Please help me on this matter.

Moreover Asylum seeker with Ausbildung can obtain 19d after successful completion of Ausbildung.But recent immigration rule on this mouth changed something on this rule. If you have more info please share with us.

Answer 1

Hi @Kaiser

There is a new set of laws regarding residency for skilled workers. These come into effect on 01.03.2024. Under these, asylum seekers can withdraw their asylum application and obtain a resident permit for a skilled job, if they entered Germany before 29.03.2023. To my knowledge there is no required time a person has to have been working beforehand to get this.

Asylum seekers can currently obtain 19d if they complete their Ausbildung and at that point have a Duldung (i.e. their asylum case has been withdrawn or rejected and they are obliged to leave the country but cannot for a particular reason).

Under the new law, the special type of temporary paper called ‚Ausbildungsduldung‘ will be replaced by a full residence permit under a paragraph 16g which is to be introduced. A person with a Duldung who finds an Ausbildung will be given the permit 16g for the duration of the Ausbildung.

Best,

Éanna

Comments

Can a person with 16g later apply for citizenship. If so then after how much time?

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A person with 16g would first have to change to another type of permit (for example 18a as a person working after doing an Ausbildung) or have permanent residency (Niederlassungserlaubnis) before being eligible for citizenship.

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Hello, if I don’t have Duldung yet still I can apply for full residence permit under a paragraph 16g? I have Ausbildung place which pays more than 1000 ,B1 German and state recognised Hochschulstudium. as I know payment is also important thing noted in new law. I am asylum seeker in Berlin with rejected case but I haven’t had court yet I have appealed already last year October. Thank you for your time and help and if you would have any advice I would gladly take it.

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Hi @Anna717 

No, you cannot yet get the full residence permit under paragraph 16g. Paragraph 16g is for people whose asylum cases are rejected but are doing an Ausbildung. As your asylum case is ongoing, you are allowed to continue to stay in Germany with the paper 'Aufenthaltsgestattung'. Only if your case is finally rejected, are you eligible for residence permit 16g. 

You can **** at the legal text itself in the Aufenthaltsgesetz, paragraph 16, in order to be clear about this. It states (in English via online translation): 

"A foreigner shall be granted a residence permit if he or she...as an asylum seeker...is undertaking qualified vocational training in a state-recognized or similarly regulated training occupation..and wishes to continue this vocational training after the asylum application has been rejected"

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__16g.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp