Will my application for 25b Residence permit be approved?

Question

After my asylum application was rejected and the final court notice confirmed the decision, my lawyer advised me to apply for a residence permit under Section 25b, as I meet the requirements. Here are the details of my eligibility:

1. I have a young child in Germany with my spouse, who is currently in the asylum process. We live together at the same address, and we are married under German law.
 

2. I am employed and have been working for three years. We do not receive social welfare or job center benefits, but we do receive a 50% housing allowance for our rent.
 

3. I hold an A2 German language certificate and have a recognized IT degree from my home country (ZAB-recognized). Recently, I was admitted to a Master's program at TU Braunschweig.
 

4. I have been living in Germany for 4 years and 8 months with a residence permit.
 

5. I have completed the naturalization test and am waiting for the results, which I am confident I will pass.

A few weeks ago, I applied for the residence permit at the immigration office, where I signed digital documents. They took copies of my passport, A2 certificate, employment contracts, housing contract, admission letter, fingerprints, IT degree (ZAB certificate), three months of pay slips, health insurance documents, and a €100 payment. They instructed me to submit my naturalization certificate via email once I receive it.

### My Questions:

1. Will my application for the residence permit under Section 25b be approved even though I currently hold an *Aufenthaltsgestattung* (temporary stay permit)?
 

2. If I obtain the 25b residence permit, will my 1-year-old child automatically receive it as well?
 

3. Will my wife also be eligible for the 25b permit based on my application?
 

4. Will I be able to bring my mother to live with me under this residence permit?
 

5. If I stop working to pursue my Master's degree at the university, will I lose my residence permit?

Answer 1

Hello Thuljey, I'm glad you reached out to me with your questions. I hope I can provide you with satisfactory answers. In which city do you live in Germany?
Regarding Question 1: After the negative court decision on your asylum application, you are generally required to return your Aufenthaltsgestattung (temporary stay permit) to the immigration office and receive a Duldung (temporary suspension of deportation). If you have submitted an application for a residence permit, you should generally receive a Fiktionsbescheinigung (fictional certificate) until a decision is made on your application. Since you went to the immigration office to file your application and this was allowed, it shouldn’t be a problem that you still hold the Aufenthaltsgestattung. In principle, after your asylum has been rejected, you legally have the status of a Duldung, which also makes you eligible to apply for the 25b residence permit.
Regarding Question 2: What type of residence does your child currently have? I assume that the child also has an Aufenthaltsgestattung. If the child’s case is being processed as part of your spouse's asylum procedure, you will need to wait for the outcome of the procedure, or you may withdraw the asylum application for the child. Then, the child can also apply for a residence permit under §25b.
Regarding Question 3: The same applies here as for Question 2. As long as her asylum procedure is ongoing, she cannot apply for the residence permit. Once the asylum procedure is concluded, she will be eligible. I would recommend consulting your lawyer again to see if it makes sense to withdraw the asylum application or wait for the result.
Regarding Question 4: Unfortunately, the short answer is no. German immigration law only allows for the reunification of spouses or minor children.
Under certain conditions, exceptions are made in hardship cases, but this is rare. I haven’t seen a case like this in my career. In theory, there is the possibility of submitting a Verpflichtungserklärung (commitment declaration) for a person to come to Germany. This means you commit to covering all costs (living expenses, medical care, housing) related to this person. Whether this is possible depends on the income of the person in Germany and the country of origin of the person wishing to come to Germany. I would advise you to consult your local immigration office on this matter. Generally, I would not recommend submitting a Verpflichtungserklärung, as it comes with significant financial risks.
Regarding Question 5: You likely won’t lose your residence permit. However, there might be issues with renewing it when it expires. I would strongly advise you to discuss your intention to study in advance with the immigration office.
I hope I was able to help you, and I **** forward to hearing from you again.
Let me know if you need further assistance!

Answer 2

Good afternoon!
From a distance, I can only answer your questions in general terms. As the law contains certain discretionary powers and the immigration authorities deal with them differently, I would also advise you to contact a local advice centre.
1. If the asylum application has been incontestably rejected, the "Aufenthaltsgestattung" formally loses its validity.
2. + 3. Not automatically, you would have to apply for this explicitly. And I think they would have to withdraw their asylum application (but please don't do this without legal advice, maybe they have a chance to be recognised).
4. With§25b, family reunification is only possible in absolutely exceptional situations, which actually never occurs in practice, and this applies all the more to so-called "other family members". Relief is only available for parents of Blue Card holders
5. Not necessarily, §25 para. 1 sentence 3 says: ‘The temporary receipt of social benefits is not detrimental to securing a livelihood for
1. students at a state or state-recognised higher education institution....’
However, the question will then be whether you are entitled to social benefits as a student, so that is another issue.
I would therefore advise you to visit a local migration counselling service, which is confidential and free of charge. You can find the office responsible for you on the following website by entering your place of residence or postcode:
https://bamf-navi.bamf.de/de/Themen/Migrationsberatung/?typ=MBE&
I wish you all the best!
Regards
Anja Kühnel