Holding a Duldung Light and not allowed to work - (How) Can I receive a residence permit according to §25b?

Question

Dear Sir / madam
Please I need advice of how can I feel from deportation, my asylum application as being rejected since 2020, the Immigration ask me to bring my passport, I was Issued duldung light 60b, and due to the new law for opportunity right 104c, I applied, but it was rejected because I did not come to Germany in stated but the Immigration office wrote me that I have the chance of 25b, with a requirement, since a year ago, now German Government send me a letter to come interview with my country embassy representative in Karlsruhe, which I go there with my three daughters, and I submitted my birth certificate, with the application appointments papers for passport in my embassy, also submitted this same thing Immigration office, today I received three months duldung instead of 6 months, still without no working permit, and them said my identity as be clear, when I ask why no working permit, them told me to bring passport, before them will give me my working permit back, and my children are primary school students, but my wife identity is not clear, what should I do please

Comments

Thank you very much for this answer, unfortunately the Immigration said, I can not work until I bring passport, them already have my birth certificate, and I have also submitted my passport application appointment to the Immigration office, the German government also invite me to come and speak with my country Embassy consulate, wish I did everything them ask me to do, but still the Immigration said I can not work, until I still bring passport, and I never committed any crime, and all the lawyers here said I most bring passport, before I can work again, to me it since them want to deport me and leave my family here, I really need to free from this case.

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You’re welcome. You write that you have spoken with lawyers. We cannot provide legal advice here, only a general assessment of the situation. You write the immigration office ‘said I can not work’. Did you submit a written application for work permission (Antrag auf Arbeitserlaubnis/ Beschäftigungserlaubnis) along with a written description of the job (Erklärung zum Beschäftigngsverhältnis) from your potential employer? Were you sent a written letter of rejection and if so, on what basis was it rejected? Have you appealed the decision?

The question of when exactly a person has fulfilled their obligations (Mitwirkungspflichten) to cooperate in clarifying their identity and obtaining a passport is a very complex one. To demonstrate this, here is an overview put together a couple of years ago of many different court decision at state and national level on legal questions around ‘Mitwirkungspflichten’:

https://***.esf-netwin.de/download/547/

However, it is important to know that as well as your obligations, the immigration office also has obligations to inform a person without a passport how they are to obtain one. These obligations are called ‘Hinweispflicht und Anstoßpflicht’. One option in an appeal or new application for a work permit would therefore be for you to point out these obligations and ask the immigration to detail to you exactly what steps it is possible for you to take in this moment. If it cannot be shown that you are not doing something within your power to get a passport, then I do not see how you can be prevented from working. But as I said, it’s a very complex field and best to get legal assistance with it if you have a lawyer.

Answer 1

Hi @William

Have you applied for a working permit for a specific job? The immigration office does not issue a Duldung with a general work permit for any job. A person with a Duldung must make an application for a work permit for a specific job. For this, the company wishing to hire you must also fill out a form about the details of the job.

As long as you do this, I see no reason that they would reject your application. On your Duldung it states that your identity is clear. It is incorrect to state that without a passport you cannot work. What is important is not whether a person now has a passport or not but whether they have done whatever they can to get a passport. It is clear that you have done all you can from your appointment with the embassy representative and the application for a passport. Therefore you must be given permission to work. Apply for it in writing if you have not yet done so and point out that you have fulfilled your obligations, which in German are called ‘Mitwirkungspflichten’.

Once you are working, you can apply for 25b along with your children. Your wife will not receive a residence permit unless her identity is clear. You do not have to cover all your living costs for you and your children from working. It is fine to also receive some additional state benefits. While you are with the Duldung, this will be the Asylbewerberleistungen. When you get the permit, you will be entitled to Kindergeld and also some Bürgergeld if you need it.

Here you can read some more information about 25b:

https://handbookgermany.de/en/bleiberecht

Best,

Éanna

Comments

Thank you very much for this answer, unfortunately the Immigration said, I can not work until I bring passport, them already have my birth certificate, and I have also submitted my passport application appointment to the Immigration office, the German government also invite me to come and speak with my country Embassy consulate, wish I did everything them ask me to do, but still the Immigration said I can not work, until I still bring passport, and I never committed any crime, and all the lawyers here said I most bring passport, before I can work again, to me it since them want to deport me and leave my family here, I really need to free from this case.

---

Thank you very much for this answer, unfortunately the Immigration said, I can not work until I bring passport, them already have my birth certificate, and I have also submitted my passport application appointment to the Immigration office, the German government also invite me to come and speak with my country Embassy consulate, wish I did everything them ask me to do, but still the Immigration said I can not work, until I still bring passport, and I never committed any crime, and all the lawyers here said I most bring passport, before I can work again, to me it since them want to deport me and leave my family here, I really need to free from this case.