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Hello I'm live in Germany since 2.5 years and i did 1 year altenpflegehelfer ausbildung abschluss and A2 german language,  now I'm working in altenheim , can I apply for Aufenthal ? Because I'm not get any interviews for Ashylum protection and normaly 6 months papers only I have ,please tell me any law for me to apply for my visa Aufenthal
asked May 31, 2024 in Asylum proceedings by Arosh | 1,400 views
Can you please contact with me
I really need
Brother can you contact with me.
Contact me Khanbadroo3@gmail.***
I sent my WhatsApp number and I messaged you by email also I'm not get any replies in your side please if you not responded don't ask me again thank you

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Hi @Arosh

A new law was introduced this year in Germany which makes it possible to get a residence permit (Aufenthalt) with a one year Ausbildung as Pflegehilfskraft. To be more specific, this possibility is based on the combination of two different laws:

  • Paragraph 19c of the Aufenthaltsgesetz
  • Paragraph 22a of the Beschäftigungsverordnung (this is a law concerning the employment of foreigners in Germany)

With your Ausbildung and job, you are entitled to this type of permit.

You should first consider the possibility of receiving a refugee status in your asylum application and get advice before withdrawing your asylum application. If you wish to switch to the Aufenthalt as Pflegehilfskraft, it is important your keep your current employer informed of your plans.

Here you can find more information about this type of residence permit:

https://***.make-it-in-germany.***/en/visa-residence/types/other/special-regulation-assistants-nursing

Best,

Éanna

answered Jul 15, 2024 by mbeon-Éanna
I'm understand sorry for it , I means I'm now in Germany . I have Refugee Aufenthal  . I ask you if I do 1 year altenpflegehelfer ausbildung abschluss Zertifikat can I apply for visa or 2 years altenpflegehelfer abschluss Zertifikat.
 need ? Which one is good ?
Firstly, please note I have changed my original answer. It is because there is a special rule around when a person has to first leave Germany to get a visa before coming back to get a residence permit. In many cases, people has to first leave. In your case, however, it is not necessary. If you are eligible for the residence permit 19c for Pflegehilfskraft, then you will be directly issued with a permit in Germany and do not need a visa. There rule is for people who came to Germany before 29.03.2023.

You write that you have ‘refugee Aufenthalt’. Aufenthalt means residency and generally is understood as a person who has a residence permit (Aufenthaltserlaubnis). A refugee Aufenthalt would mean someone who has been through the asylum process and has been given a positive decision by BAMF. They can then be considered to have ‘refugee Aufenthalt’. If this is what you have, then there is little reason for you to change your type of permit from ‘refugee Aufenthalt’ to ‘worker Aufenthalt’.

If you are still in the asylum process and have the paper ‘Aufenthaltsgestattung’, Then you do not have refugee Aufenthalt. You are an asylum seeker and do not have full residency rights.
You refer to 1 year or 2 year Altenpflegehelfer Ausbildung. This is not exactly correct although I think many people are not clear on the difference. A one-year qualification in ‘Altenpflege’ gives you the job title Pflegehilfskraft. A two-year Ausbildung in ‘Altenpflege’ gives you the job title of ‘Altenpflegehelfer’.

There are some differences between the residence permit for Altenpflegehilfskraft (Aufenthalt 19c) and for Altenpflegehelfer (Aufenthalt 18a). The main ones are that with 18a it doesn’t take as long to get permanent residency and it is also easier to bring parents to come and live in Germany.
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