Staying after Withdrawing Asylum for Ausbildung and new law regarding § 16g

Question

Good day,

 I have got a ausbildung as a administrative assistant in local City hall! Start is next September, for 3 years.

About me:
18, from soon recognized as-"sicheres Herkunftsland" nation, in Germany since 2022 October (≈1,5 year). I have had no Interview and my case is pending. German level on C1, with B2 zertifikat. Untill september i have work contract of minijob and 30hr/week(arbeitgeber knows that i will leave job because of ausbildung). Currently residing in Asylunterkunft but very intensively looking for private home with my other family members

Question 1. Knowing the changes coming to § 16g in 1. March and that I am really tired of being Asyl with all the restrictions that come with it ( mostly not being able to leave Germany, I couldn't even attend funreal of close relative ). Can I stay in Germany before Ausbildungsbeginn and during Ausbildung if i withdraw Asyl case because people from my nation are getting rejected no matter the Grundung? I want to do it before Interview so I don't have to go through all the hardness and restrictions of rejectetion and Duldung.

2. I will have 1 year and 11 years of legal residence in Germany in September, after 3 years of Ausbildung and 1 month it will sum up to 5 years of residence in Germany, my German will likely be C2 and i already have great results in living in Germany test (90%) when i do it online. Will I be able to apply for normal German Bürgerachaft or onlu residence permit that I will have to renew every year?

Thanks in advance! For info, im also in close contact with local advise gebers!.

Comments

Do not withdraw Asyl application. Laws are getting comfortable for skilled immigrants. Just hang in there. Keep learning and keep integrating.

Answer 1

Hi @Andrey_Malk

Firstly, congratulations on getting the Ausbildung!

Answer 1:

If you withdraw your asylum case, you have the possibility of the residence permit 16g or the status of Ausbildungsduldung. The regulations are complicated but to put it simply, if a person doing an Ausbildung has enough money to support themselves and also a passport, then they will receive the full permit 16g. If they do not, then they receive an Ausbildungsduldung.

It is important for you to know that if the Ausbildung does not pay enough for you to live on, you can get the benefit BAB (Berufsausbildungsbeihilfe) from the Agentur für Arbeit. If this is still not enough, you can also get some additional benefits from the Jobcenter (Bürgergeld) in order to show you have enough money to live on.

You can first apply for 16g or the Ausbildungsduldung seven months before the Ausbildung begins. The permit 16g or Ausbildungsduldung can first be issued six months before the start of an Ausbildung.

Answer 2:

The time you spent until now in Germany with the paper Aufenthaltsgestattung will not be counted as legal residency towards the time needed to become a German citizen. Only once you have been issued with a residence permit does the time count. However, under the new law on citizenship, 5 years will only be the standard amount of time required. For people who can show they are well-integrated (i.e. having a German qualification, level C1 of German) this will be possible after three years.

With certain types of residence permits, it is not possible to change from them to becoming a citizen. While the new permit 16g is not listed among them, I presume it will also be included as similar permits like 16a and 16b are. This means you would first have to change to a permit as a skilled worker or acquire permanent residency before being able to apply for citizenship.

This rule is covered in paragraph 10, section 1, part 2 of the law on citizenship:

https://***.gesetze-im-internet.de/stag/BJNR005830913.html

Best,

Éanna

Comments

Oh my god! I thought the time spent in Asylverfahren also counted towards residency permit as long as you are not abgelehnt and thus hold only duldng! Or was it conutning to other kind of residency permit but not citizenship? My goal is strict to get the Eu citizenship and all the goods and responsibilities with it, thus I want to get 16g straight away this month, my Ausbildung salary is 1050€ first month and I live with parents and my anteil in rent is only 250€ so I most definetly cover my financial stability?? Am i right? And it's only 6 months left untill september, if im issues the permicy i will also have a chance to travel around the world before i get into ausbildung? Im getting too excited about this. Can you please confirm if im getting it rifht and where can I seek advice? There is only Caritas and Red cross here and they have not heard about the law. Im ready to travel to around stuttgart area.

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Firstly, a person who applies for asylum does not end up with a Duldung unless their application is rejected (abgelehnt). Either a person receives some type of residence permit for humanitarian reasons, or their application is rejected and they are obliged to leave the country. In the latter case, they may in certain situations have the deportation order suspended. This is a Duldung.

The time in the asylum process is only counted towards citizenship if the persons receive a refugee status.

The time spent in the asylum process can be counted towards getting the unlimited residency permit ‘Niederlassungserlaubnis’. It is automatically counted if the person’s asylum application was successful. If the application was unsuccessful, it should also be counted. Here the authorities have some discretion.

For example, if a person spent 4 years in the asylum process, then several months with a Duldung and then received a residence permit (e.g. for family reasons), they would not be then a few months later be issued with permanent residency. There is no fixed rule that I could find but a person would definitely have to have a regular limited permit for a good part of the total required 5 years.

From the income and living costs you describe, I see no problem for 16g.

If you receive a permit, then you can travel with it.

I had a **** at what other organisations there are in Stuttgart. These all also offer migrant advice (MBE):

****://***.vij-wuerttemberg.de/en/migrationsberatung-fuer-erwachsene-zuwanderer-mbe

https://***-djr--stuttgart-org.translate.goog/?page_id=2894&_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

https://lmdr-de.translate.goog/mbe-stellen/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

https://***.awo-stuttgart.de/index.php/unsere-angebote/migrationsberatung-angebote

https://***-eva--stuttgart-de.translate.goog/unsere-angebote/angebot/internationales-beratungszentrum?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp