242 views
I applied for paragraph 25b. It was rejected few days ago due to low salary income, according to Ausländerbehörde. I have for underage children and a wife. I submitted all the requirements, unfortunately they said the salary was not enough. My lowest monthly salary from the three month Abrechnung was 1890 netto. I thought with this, I would meet up with the 51% required from me. I met my lawyer and he told me to go get a mini job. I told him to ask them, 'how much money is enough?' I consulted some Diakonies and socials, they told me it was enough. Please what should I do?
asked Oct 18 in Other Questions by paulo1976 | 242 views

Please log in or register to answer this question.

2 Answers

0 votes
Best answer
My children are 9,7,5 and 2. The house rent is 1,272 but it's Sozialamt that pays for the rent. My lawyer is not doing anything. Please what will I do?
answered Oct 21 by paulo1976
If you are issued with 25b, the Sozialamt will no longer be responsible for paying your rent. You have to pay it yourself; otherwise, if your income is not enough to cover it you can apply for Bürgergeld or Wohngeld.

According to the information you have provided, I do not understand how the Ausländerbehörde cannot consider you earning over 50% of what you need to live on.

The requirements for you as a family are as follows:

You: 506, Your Partner: 506, Child 9: 390, Child 7: 390, Child 5: 357, Child 2: 357, Rent: 1272

This gives a total of € 3778 per month. Half of this is € 1889.

As you earn more than half of the requirements, in my view you fulfil this condition for 25b. It is true that in the month you earned the least, you earned just one euro over the requirement. Nevertheless, the rule is over 50% and so also in that month you fulfilled the requirement.

I recommend you to check all the costs and earnings once more against my calculation. If they have sent you a written rejection (Ablehnung), then you can appeal the decision with reference to the amounts I have outlined.

If you need legal advice, then you must consult with your lawyer. Here we can only give a general assessment of your situation and cannot provide a substitute for the services of your lawyer.
0 votes

Hi @paulo1976

It is not possible to assess whether the Ausländerbehörde is correct or not without knowing the ages of your children and your rent costs.

In order to get 25b, your net monthly income must cover more than half of what your family needs to live on. The amount of what a family needs to live on is calculated by checking how much they would get if in receipt of benefits from Jobcenter. As your lowest net income in the period was €1890, the maximum amount that can be required by your family without it being an issue for 25b is €3780.

The monthly amount in 2024 for you and your wife is €506 each.

For children up to age 5 it is €357, for children ages 6-13 it is €390 and for children 14-17 it is €451.

As an example, if you have two children between the ages of 6-13 and two between 14-17, along with rent costs of €850, the benefits from Jobcenter would be as follows.

506 + 506 + 390 + 390 + 451 + 451 + 850 = €3544

In this case, you would need to earn more than €1772 per month for 25b.

I advise you to check the calculation yourself and if it is incorrect to appeal the decision.

Best,

Éanna

answered Oct 21 by mbeon-Éanna
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
5,436 questions
6,452 answers
8,290 comments
139,502 users