Still waiting for Niederlassungserlaubniss

Question

Hi, I am from Münster, Iapplied for my PR in Novemeber last year and then I have sent all my documwnts and everything is suppoaed to be okay but now its been months that I have not heard anything from the behörde and they do not answer. Is there anything I can do against it? Because I have a fiktionsbescheinigung which is also going to expire. Another question I would like to ask that is it possible to get a normal PR without the subaidiary paragraph written on it? I have been accepted as a refugee with article 25.

Any suggestions or help would be much much appreciated.

Thankyou

Answer 1

Hi @Asim9091

If an authority such as the Ausländerbehörde is taking a long time to deal with an application, you can file a lawsuit of inactivity (in German Untätigkeitsklage). This is possible after three months of having made the application. The authority can only be allowed more time if there are sufficient reasons for the delay. Such reasons have to be related to the application itself, for example there are still documents missing or some documents needed to be additionally checked by another authority. Organisational reasons like not having enough staff to process the application in time are not acceptable.

If the authority has everything it needs for the PR application and it has been over three months, then this could be an option for you. You should first again ask the Ausländerbehörde about the status of your application. You can file the Untätigkeitsklage with the administrative court (Verwaltungsgericht) in Münster. As this is a legal procedure, however, I recommend you get legal advice if you intend to do this. We cannot provide legal advice here.

You can get such advice from the Law Clinic Münster:

https://***.lawclinicmuenster.de/english/

Depending on your income, you may be entitled to free legal advice (Beratungshilfe) with the costs covered by the Amtsgericht Münster. This takes more time as they have to assess your income and whether you are entitled to it. You have Here is the information about this in German:

https://***.ag-muenster.nrw.de/aufgaben/abteilungen/Beratungshilfe/index.php

I am not sure what you mean by the subsidiary paragraph. I assume you have been given subsidiary protection. If so, you can get PR under easier circumstances than the standard PR. A person with permanent residency in Germany has the same status, regardless of whether they previously had a refugee status or other type of residency status before that. It’s not clear to me why you would rather have the ‘normal’ PR. If you do, the application for PR should be made according to paragraph 9 of the Aufenthaltsgesetz. Refugees receive PR according to paragraph 26 of the Aufenthaltsgesetz.

Best,

Éanna

Comments

To receive niderlaubnis you need to give country valid passport and fulfill other requirements.
They ask for home country passport