Request for residence 25b

Question

I already received 104c residence and now it is running out after 18 months. I want to apply for a new residence, that is, 25B. Now my question is, I am studying at SGD Fernschule in E-Commerce-Manager (IHK) (if you are familiar with this school). I also took the Einbürgerungstest and passed. I have given my passport to ausländerbehörde for review and after a month of review it was returned to me. Of course, I have to add, because I am studying, so I don't have a job and I receive my expenses from the job center. Finally, let me say that I am in the integration course and in a month I have the B1 DTZ exam. Can I get this accommodation with my condition? I also forgot to mention that I also have a driving license from Germany.

best regards

Reza

Answer 1

Hi @RezaGash

Based on your description, I think it is unlikely you would be given 25B. In certain cases, it is not a problem to get expenses covered by the Jobcenter and still get 25B. This is if the person is studying at a university, doing an Ausbildung, or doing a job preparation course (Berufsvorbereitungsmaßnahmen). The basis is for this is paragraph 25b of the immigration law Aufenthaltsgesetz:

Ein vorübergehender Bezug von Sozialleistungen ist für die Lebensunterhaltssicherung in der Regel unschädlich bei

1. Studierenden an einer staatlichen oder staatlich anerkannten Hochschule sowie Auszubildenden in anerkannten Lehrberufen oder in staatlich geförderten Berufsvorbereitungsmaßnahmen

To me it is not clear whether what you are doing makes you a ’student at a recognised third-level institution’. If so, there is no issue. My impression, however, is that you are doing a ‘Weiterbildung’ course that is financed by the Jobcenter and so does not fall under the categories of courses listed in the law. A Berufsvorbereitungsmaßnahmen is a specific type of preparatory course that is funded by the Agentur für Arbeit.

Did the Jobcenter give you a ‘Bildungsgutschein’ to pay for the course? Will the course be done by the time your 104c residence permits runs out? The Jobcenter usually only provides funding for courses as long as you have a residence permit. If you can at least finish the course by the time the 104c ends, you can apply for 25b. You  will then be given some time to **** for a job and so fulfil the conditions for it. In any case, I recommend you apply for 25b before the 104c runs out. Otherwise you will return to having a Duldung and getting benefits from the Sozialamt. If you then at a later point find a job to support yourself, you can anyway apply again for 25b.

Best,

Éanna

Comments

Thank you very much for your response and guidance. My question now is: if I am granted a Duldung and manage to find a job during this period, is it still possible to obtain a residence permit under section 25b? (After 8 years with a Duldung, I was granted this new residence permit under section 104c.) Additionally, if I later receive a new residence permit after holding the Duldung, will the time accrued still count towards obtaining a permanent residence permit, or will everything start from scratch?

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You can still apply for Residence Permit 25b yes.Did you managed to apply or you are already on Duldung?

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No, I still have the 104c residence permit. This residence permit has expired and my 25b residence permit is being reviewed. No answer has been received yet.

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Wishing you all the best.You are in the right path.Just make sure to have a job so that you don’t rely with job centre or social money

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You’re welcome! If you retun back to the Duldung status, then you can still get a residence permit 25b in the future. If you **** at the legal text of 25b, you’ll see that the requirement is to have been either in the asylum process or with a residence permit or a Duldung for the past 6 years:

sich seit mindestens sechs Jahren…ununterbrochen geduldet, gestattet oder mit einer Aufenthaltserlaubnis im Bundesgebiet aufgehalten hat

You fulfil this requirement at present and will also fulfil it if you have a Duldung in the future.

The time towards a permanent residence permit (Niederlassungserlaubnis) will start from scratch. The requirement is to have had a residence permit since 5 years, i.e. for the past five years and not for example having had five years of residency altogether in the past 7 years.