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Dear wefugees team,
I'm asylum seeker, my asylum process is still ongoing since 15 months.
I haven't received the decision of BAMF yet.
I got admitted by German university and enrolled.
I'm now studying and within a few days the exam period will start.
The problem is I'm still in the house of sozialamt and once they knew that I'm student, they cut all the benefits and now they insist to go out the house while knowing that I've no other alternative.

The second problem happened when my aufenthaltgestattung has expired and the auslanderamt refused to renew  it because the sozialamt deregistered me.

Now I'm in trouble and I don't know what to do,
They gave 10 days to clear the room.


Could anyone give me an advice?
asked Jan 22 in Asylum proceedings by A.M.sher101 | 598 views

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2 Answers

0 votes

Hi @A.M.sher101

For the first 18 months of the asylum process, you are entitled to benefits for asylum seekers according to paragraph 3 of the law on these benefits (Asylbewerberleistungsgesetz). This is regardless of whether you are studying or not. You are entitled to the same benefits you have been receiving up to now.

The law was previously that this period lasted only the first 15 months so I presume this is why the mistake has been made. However, the law has been changed to 18 months since 2019. The Sozialamt must have sent you a letter about this decision. You should appeal this decision within the deadline.

After 18 months all asylum seekers stop receiving the benefits according to paragraph 3 of the law and change to a slightly different system according to paragraph 2. Asylum seekers who are studying should also receive this. However, it is at the discretion of the authorities whether to provide this money as a benefit or as a loan. The benefits include housing costs and healthcare.

I recommend you first appeal the decision to stop the first type of benefit too early. Once the 18-month period is coming to an end, I recommend you apply in writing for the second type of benefit. In your application, you should detail why the authorities should use their discretion in providing the benefits (e.g. you do not have any other income, your course involves fulltime study, if you didn’t receive the benefits you would be forced to stop studying).

Best,

Éanna

answered Feb 26 by mbeon-Éanna
0 votes

As an Asyl it’s none of their business if you are studying or not. What they are doing is illegal. Do not vacate your room. According to the law you are under Asylbewerberleistungsgesetz. Report to the court. You don’t need any lawyer.

answered Feb 26 by helios
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