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Hello,

I was regularly living in germany from August 2017 to February 2021. During this period I attended only two years of Ausbildung "Fachkraft - lagerlogistik" . After I tried to convert my ausbildung visa to work visa but it was not the case. I had the Permit for residence during all the said period. I returned back to Albania in order to not violate the immigration law. Actually, since 31st of January I am waiting a work visa approval. I know it's been a long time but I hope for the best. I  was wondering if the two years I've been engaged with the Ausbildung will be considered as regular years of residence when, just in case   I will apply for a permanent residence card?

Thank you!
asked Jul 7 in Legal advice by Bona | 421 views

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1 Answer

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Hi @Bona

Unfortunately, none of the time you spent previously in Germany can be counted towards permanent residency. It is only possible to include this time if the person did not leave Germany for more than 6 months at a time, or if the person had already permanent residency and then lost it by staying outside Germany too long.

If you come to Germany again, then you will need another 5 years residency first. This, however, is for the standard permanent residency. There are shorter time periods required for skilled workers. You write that you did two years of the Fachkraft für Lagerlogistik Ausbildung. Did you then get the qualification of Fachlagerist? This is the qualification you get after training in logistics for two years, after three years you become Fachkraft für Lagerlogistik.

If you get a work visa as a skilled worker, then you can get permanent residency after three years. If you managed to get the qualification Fachlagerist, then you can have permanent residency after working for two years.

You may be interested to know also that these rules are different when it comes to citizenship (Einbürgerung). There the standard amount of time is 5 years residency in Germany, shorted to 3 years if you speak German very well and are particularly well-integrated. For citizenship, the authorities can include the time you spent earlier in Germany. It is at the discretion of the authorities whether to include any of the time or how much. They will **** at what you were doing during the time and whether it was contributing to your knowledge of German and work integration. In your case, therefore, they might just calculate the two years where you did the Ausbildung.

Best,

Éanna

answered Sep 27 by mbeon-Éanna
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