Which residence permit am I eligible for and how can I initiate the procedure?

Question

Hello

My name is Taylor and I am a Liberian citizen. I have been in Germany for four years now after I applied for asylum and received a negative decision from the BAMF (Federal Office for Migration and Refugees). I have appealed and am still waiting for a second court hearing; it has been four years now.

As far as integration is concerned, I obtained an A2 Daf diploma through a scholarship at the University of Braunschweig and have been working in Germany for almost 3 years. I also have a child here with my wife, and she is new to Germany and is currently in the asylum process for a year.

I have tried to study at a German university but was rejected by the immigration office for an unknown reason. I have a Bachelor's degree in Information Technology from my home country and have submitted it to the ZAB (Central Office for Foreign Education) for a compatibility check.

I am currently reapplying for admission to the Master's degree program in Data Science at the University of Braunschweig.

How is it possible to obtain a residence permit after all this?

Answer 1

Hi @thulkey

If your qualification is recognised and you find qualified work, then you can receive a residence permit according to paragraph 18a of the immigration law (Aufenthaltsgesetz). This is a recent change to the law often referred to as ‘Spurwechsel’, Previously, such a person would first have to leave Germany, apply for a work visa and then return to Germany. Now it is possible to withdraw an asylum case and be given a residence permit for work without leaving  the country. You should get advice first in considering this course of action. Here’s a article about the change to the law:

https://mediendienst--integration-de.translate.goog/artikel/was-bringt-der-spurwechsel.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Alternatively, if you continue with your asylum case and are unsuccessful, you will receive the temporary paper ‘Duldung’. Once you have this, you can apply for a residence permit according to paragraph 25b of the immigration law (Aufenthaltsgesetz). This permit is for people who are well-integrated in Germany. The requirements are that a person has a Duldung, spent at least 4 years in Germany (if living together with a child), speak German at A2 level and can for the most part finance themselves without needing state benefits.

Here is the legal text:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__25b.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Here is a detailed article about this type of permit:

https://***-nds--fluerat-org.translate.goog/leitfaden/15-aufenthaltserlaubnis-nachhaltige-integration/aufenthaltsrechtliche-situation/aufenthaltserlaubnis-nach-%c2%a7-25b-abs-1-aufenthg/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Your wife and child can also be issued with this permit alongside you if they fulfil certain requirements.

I hope that helps give you an idea of the possibilities for you. Please note the links are in English via an online translation tool.

Best,

Éanna