Help with: Ausbildung/ Umverteilung / Ausländerbehörde

Question

Hallo guys, I have a loaded question. Please bear with me.

I applied for ausbildung everywhere within my Landkreis but all of them were rejected. I started looking around my landkreis, not to far also rejected. I did that until i was searching in the entire bundesland of Niedersachsen. i finally found a place about 140km from my landkreis but it is still in Nidersachsen.

Once i went to go seek for Genehmigung to do the ausbildung, ABH told me i have to first do an Umverteilung and once it is approved then i can do the ausbildung. I submitted the Umverteilung, it was very short and didnt write much because the employee told me to write it sofort and give it to her so she can submit it. After i went home and waited for a response, she told me that it should take about 2 weeks or so and i should wait for her call, she will tell me when the response come. I waited for 3 weeks and still didnt receive nothing, tried contacting her but couldnt reach her. so eventually i reached out to Caritas for them to help me. When they called ABH they were told that my application was reject by the Landesaufnahmebehörde (LAB) on grounds of "unvollständig". They requested i submit a 3 months bank statement for my ausbildung for the months of September to November and also a Mietvertrag. 

So because of this reasons ABH refused to give me the ausbildungserlaubnis. We fought about it for a few weeks and finally they gave me the Genehmigung saying that i can only provide the 3 months bank statement for Umverteilung if i start the Ausbildung, thats the only way. However, they made me sign a document stating that if i reapply for Umverteilung and it gets rejected again i will have to cancel my Ausbildung. My issue is i tried reaching out to LAB to let them know that i cant submit the bank statements since i am only just starting the ausbildung but they never got back to me.

The firma i am doing the ausbildung at provided accomodation for me and everything is in ordnung. But clearly i am not allowed to move. My cousin also applied for umverteilung as in Pflegefachkraft but was denied by LAB saying Ausbildung is not a must, she should **** for an ausbildung close by or cancel the ausbildung, he doesnt receive leistungen but his verfügtung netto is above 1000 euros.

As for me i know my verfuguetung netto will be lower than that because my brutto is 950 euros.

I have a great understanding that there is a great chance my umverteilung will be rejected, not that i am pessimistic, but these things are complicated. I want to get out of this situation before i received the genehmigung, Caritas told me all the possible other ways of getting it, which included canceling my asylum. I was ready to do it, but they said they didnt have much information and i should seek legal advice, all they do is Beratung, they dont deal with the law.

I will sichern my own lebensunterhalt. so I don't need Leistungen as I plan on taking up part-time work at an appropriate time. 

Since my firma provided accomodation for me and i have to stay there while going to school, i will be paying rent there and also paying rent here at my current unterkunft. That is quite a lot of money considering my current unterkunft is 400 euros and the one provided by my firma is abit more than that. So paying for both is impossible but I currently have no choice and luckily I've saved up money that can cover my living for a good 4 months while sorting out these issues.

So here are my questions:

My firma has given me a house and i want to stay there, but ABH said no. What do i do?

2. I am ready to cancel my asylum, all ive experienced under asylum is stress and problems. So i genuinely dont care for it anymore. I lost a big chunk of hair in the past few weeks when the ABH was stressing me out, i felt so depressed and helpless because they didnt even want to listen to Caritas. 

i heard if i cancel my asylum, it will be easier for me to move than with Aufenthaltsgestattung, (i said easier, not easy) so: if i cancel my asylum. What other ways can I stay in Germany legally while doing my ausbildung? 

3. how long does it take to cancel an asylum application? 

4. Give me the best advice that you can if you were in my situation

Also, i didnt seek a lawyer since they are expensive. I found one that told me that consultation alone is 70 euros which is beyond much.

Last important thing, although i hold Aufenthaltsgestattung, my asylum was rejected beginning of this year, the lawyer had refused to take up the case stating it will be rejected and he is busy, i begged him and it was by Gods grace that the appeal was approved. The court approved the appeal because of the Ablehnung i received and in the brief they stated that my reasoning is not a valid reason for protection. The lawyer told me that i should bring new evidence and new story, he also told me to koin political parties against my governement since my country is a monarchy i dont have new evidence, i dont want to make up a fake story and i definitly will not join political parties and put myself in harms way. So he told me to know that when i do go to court, i will still be rejected and the best thing to do is find an ausbildung so when they reject me i have something that will not get me deported.

NB: i would like to add that my Landkreis is hell, they are so difficult to deal with and not understanding at all, one always has to put up a fight. And i am not speaking based on my experience, because this is my first encounter with them, i normally dont need them and try to avoid them as much as possible. As an Asylum seeker, i have a lot of friends in the same situation all over Niedersachsen with a similar situation with me and when i explain to them my situation, they had different experiences. And those in my landkreis all have an issue with the ABH here. I have spoken to people that work help asylum seekers in other landkreis and they all saying whats happening is wrong, i was advised by a member of the Bundeslandabgeordnete to find a lawyer to do with my issue because she believed ABH had no valid reason to not allow me do the Ausbildung(that was before i received the genehmigung). Another company i spoke to that helps refugees in our landkreis stated that this landkreis does things wrong.

Please dont forget to answer the question and give me advice. Thank

Answer 1

Hi @Jessica27

The ‘Genehmigung’ permission to do the Ausbildung is a separate matter to permission to move. It cannot be made dependant on you moving. As you are still in the asylum process, they have to give you the Genehmigung, This is in accordance with section one of paragraph 61 of the law on asylum (Asylgesetz):

https://***-gesetze--im--internet-de.translate.goog/asylvfg_1992/__61.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Regarding the permission to move, it is important to separate two different situations in your case.

1. If you have enough money to support yourself:

This means you are no longer entitled to any of the benefits ‘Asylbewerberleistungen’ from the Sozialamt. You can cover your living costs from your Ausbildung income. In this case, you are not required to live in any particular part of Niedersachsen. You make an application to have the restriction removed. This is called ‘Antrag auf Aufhebung der Wohnsitzauflage’. The authorities do not have any discretion in this matter and must remove the restriction about where you can live.

The relevant legal basis is paragraph 60, section one of the Asylgesetz:

https://***-gesetze--im--internet-de.translate.goog/asylvfg_1992/__60.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

1. If you do not have enough money to support yourself:

In this case, you still need to get some benefits from the Sozialamt. You do not have an automatic right to move in this case. Such a right to move is only in cases where a family has been separated. You can, however, be allowed in certain other cases, such as to do an Ausbildung. It is in such a case that you apply for ‘Umverteilung’, i.e. the obligation to live in a certain place remains but is changed to a different location.

The standard amount of asylum seeker benefits for a single adult is €460. If you (or in the case of your cousin you reference) earn this plus the costs of your rent, then you can move. I do not understand the comment about looking for an Ausbildung close by. This is of no relevance if a person earns enough. They can then move where they like.

As regards withdrawing your asylum claim, we can also only provide ‘Beratung’ here with information about the law and do not offer legal advice as such. Withdrawing an asylum claim in order to move is, however, quite a drastic step. Especially if you will be financially secure, it makes very little sense to withdraw your claim as you are fully entitled to move.

Withdrawing your claim would mean you may be entitled to an Ausbildungsduldung or a residence permit 16g but this would also be a complicated process which takes time. If a person is financially secure and has proven their identity, then they can receive the permit 16g after withdrawing their claim. Otherwise, they will receive an Ausbildungsduldung and still be under certain rules about where they live and requiring permission for working and moving.

There has been a lot of back in forth in this case so it is difficult for me to recommend what exactly to do at this point. The key questions are:

• Do you have the right to move, i.e. are you financially secure?
• Have you submitted a written application ‘Antrag auf Aufhebung der Wohnsitzauflage‘ with proof of financial security?
• Has the application been rejected in writing? If so, on what grounds?

There is the option to make an urgent legal injunction called an Eilantrag with your local administrative court (Verwaltungsgericht). This cause the court to quickly make an order on whether an authority has to do something or not, such as allow you permission to move.

Before taking such a legal step, I encourage you to again ask the Caritas or the other organisation you mentioned to advocate on your behalf with the Ausländerbehörde.

Best,

Éanna