Details about 16g

Question

I want to get more details on new ausbildung residence permit 16g.
What are the consequences of having it?
Will there be freedom of movement to another countries with 16g for tourism purpose?
Can someone later apply for citizenship and will this time period count?
When can someone apply for it and what will be the procedure?

Thanking you in advance

Answer 1

Hi @MM

The new residence permit 16g is possible since March 1^st of this year. Up until then, people with a Duldung who do an Ausbildung could only get the special temporary status of Ausbildungsduldung. This status continues to be an option but under certain circumstances, a regular permit 16g is also possible. With 16g a person can travel to other countries.

The main difference between an Ausbildungsduldung and 16g is that to get 16g a person must have a passport and be able to show they can support themselves financially. It is possible to get the state support BAB (Berufsausbildungsbeihilfe) to show financial security. BAB is for dual Ausbildung, where a person learns in a school and at a company. For people doing a school Ausbildung, it is not possible to get state support such as Bafög. With 16g a person can work part-time up to 20 hours a week which can also be used to show financial security.

If you wish to get 16g, you have to make an application with your Ausländerbehörde.

The time spent with 16g will count towards citizenship. The time spent with an Ausbildungsduldung does not.

Best,

Éanna

Comments

I’m more concerned after completion of the Ausbildung. What if my training company could not offer me a job then I will have only six months to find a job in the field of my training. What will happen if I cannot find a job within this time period of six months!

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Good day please i would like to fine out if someone can invite his family for example wife or child with the 16g residence permit. Thanks very much and nice day

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Hi @Cyrille, Yes, the standard rules for family reunification apply for 16g as with most other types of residence permit. You need to show you can support yourself and your family members financially and that you have sufficient living space for them.

Answer 2

Thanks alot Èanna for your reply. Is it also possible to get 16g if one had made all possible attempts to get a passport but didn't received one?

Comments

You’re welcome!

Yes, it is also possible but can be difficult in practice. Generally, all foreigners in Germany are obliged to have a passport (there are exceptions, such as for recognised refugees).

A person is expected to undertake all reasonable means to acquire a passport from the authorities of their home country. This includes going to an embassy, paying high applications costs, providing documentation, instructing someone like a lawyer in the home country to organise it etc.

If a person can show they have made all such reasonable attempts to obtain a passport without success, they can be given a ‘foreigner’s passport’ (Reiseausweis für Ausländer) from the Ausländerbehörde.

With this document they then fulfil the obligation to have a passport an can be issued with a resident permit such as 16g.

It is important to thoroughly document all efforts made to acquire a passport, such as:

•    Proof of visits to the embassy
•    Travel tickets to embassy
•    Confirmation of appointments with the embassy
•    Copies of any documentation and correspondence with the embassy

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Hi Éanna,
I am extremely in stress now. I have done everything to get my passport from my embassy but they sent me a letter stating that they can only issue a passport once they have a Bestätigung from the german authority that i dont hold a german residency nor i am under a procedure of deportation. Moreover they need a confirmation that i will be issued a aufenthaltstitel.
I gave thus paper to Regierungspräsidium as i needed the ausbildungsduldung to begin with my ausbildung and last year i got an email from Regierungspräsidium stating that my consulate will not issue a passport unless i have a aufenthaltstitel.
Now i applied for 16g but as my passport is not there they are saying they cannot give any confirmation and they just provided me with a paper stating they need my passport to further process my residence permit.
I am now in the middle of nowhere. I need help and advice what to do next. As my consulate is not providing me with the passport.

What are my options? At this moment i cannot afford a lawyer and really need advice.
Looking forward to hear from you.

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In my view, you have exhausted all options to receive a passport. An individual in your situation is required to take all reasonable steps within their control to get a passport. This you have done and the reasons you do not have a passport are beyond your control.

The topic of getting a passport is a complicated one in German immigration law. But to put it simply, both the individual and the authority have certain obligations in this process. The person is obliged to work with the authority and to take all reasonable actions to secure a passport. The authority has an obligation to inform and indicate possible actions. In German, this is called ‘Hinweispflicht und Anstoßpflicht’. It is a difficult concept to translate but basically it means it is not enough to tell a person to get a passport. They also have to indicate concrete measures that are to be taken in order to get one.

If you cannot afford a lawyer, I encourage you to make contact with a local migrant advice office in order to get assistance. You have mentioned various emails and papers. I recommend you write a letter to the authority in question and summarise the actions you have taken and the situation at present.

The legal basis for their ‘obligation to indicate’ is paragraph 82, section 3 of the Aufenthaltsgesetz:

https://***.gesetze-im-internet.de/aufenthg_2004/__82.html

Request them to issue you with a residence permit 16g as you have undertaken all possible steps to get a passport. Ask them that if they are not able to issue you with a permit, then to detail the specific steps regarding the passport you should take, making reference to the above section of the law.

Please note these are practical tips on how to deal with this issue. We cannot provide legal advice about it.

Answer 3

Wefugees Search Details about 16g I want to get more details on new ausbildung residence permit 16g. What are the consequences of having it? Will there be freedom of movement to another countries with 16g for tourism purpose? Can someone later apply for citizenship and will this time period count? When can someone apply for it and what will be the procedure? Thanking you in advance residence-permit ausbildung ausländerbehörde asked Jan 13 in Legal advice by MM | 1,031 views Please log in or register to answer this question. 2 Answers 0 votes Hi @MM The new residence permit 16g is possible since March 1st of this year. Up until then, people with a Duldung who do an Ausbildung could only get the special temporary status of Ausbildungsduldung. This status continues to be an option but under certain circumstances, a regular permit 16g is also possible. With 16g a person can travel to other countries. The main difference between an Ausbildungsduldung and 16g is that to get 16g a person must have a passport and be able to show they can support themselves financially. It is possible to get the state support BAB (Berufsausbildungsbeihilfe) to show financial security. BAB is for dual Ausbildung, where a person learns in a school and at a company. For people doing a school Ausbildung, it is not possible to get state support such as Bafög. With 16g a person can work part-time up to 20 hours a week which can also be used to show financial security. If you wish to get 16g, you have to make an application with your Ausländerbehörde. The time spent with 16g will count towards citizenship. The time spent with an Ausbildungsduldung does not. Best, Éanna answered Feb 23 by ✔mbeon-Éanna I’m more concerned after completion of the Ausbildung. What if my training company could not offer me a job then I will have only six months to find a job in the field of my training. What will happen if I cannot find a job within this time period of six months! commented Feb 27 by helios 0 votes Thanks alot Èanna for your reply. Is it also possible to get 16g if one had made all possible attempts to get a passport but didn't received one? answered Feb 24 by MM You’re welcome! Yes, it is also possible but can be difficult in practice. Generally, all foreigners in Germany are obliged to have a passport (there are exceptions, such as for recognised refugees). A person is expected to undertake all reasonable means to acquire a passport from the authorities of their home country. This includes going to an embassy, paying high applications costs, providing documentation, instructing someone like a lawyer in the home country to organise it etc. If a person can show they have made all such reasonable attempts to obtain a passport without success, they can be given a ‘foreigner’s passport’ (Reiseausweis für Ausländer) from the Ausländerbehörde. With this document they then fulfil the obligation to have a passport an can be issued with a resident permit such as 16g. It is important to thoroughly document all efforts made to acquire a passport, such as: • Proof of visits to the embassy • Travel tickets to embassy • Confirmation of appointments with the embassy • Copies of any documentation and correspondence with the embassy commented Apr 11 by ✔mbeon-Éanna Hi Éanna, I am extremely in stress now. I have done everything to get my passport from my embassy but they sent me a letter stating that they can only issue a passport once they have a Bestätigung from the german authority that i dont hold a german residency nor i am under a procedure of deportation. Moreover they need a confirmation that i will be issued a aufenthaltstitel. I gave thus paper to Regierungspräsidium as i needed the ausbildungsduldung to begin with my ausbildung and last year i got an email from Regierungspräsidium stating that my consulate will not issue a passport unless i have a aufenthaltstitel. Now i applied for 16g but as my passport is not there they are saying they cannot give any confirmation and they just provided me with a paper stating they need my passport to further process my residence permit. I am now in the middle of nowhere. I need help and advice what to do next. As my consulate is not providing me with the passport. What are my options? At this moment i cannot afford a lawyer and really need advice. Looking forward to hear from you.