About 25abs5 on how to changed to permanent resident

Question

Goodday sir/ma, I have been holding Duldung auswies for sometime now and finally they give me 25abs5 last month from my baby. I’m also doing Ausbildung and this will end this year. But Ausländerbehode said they will not extend my Aufenthalt to 19d after my Ausbildung because I was holding Duldung during my Ausbildung and before I got 25abs5. So I want to ask, is it under the law? And if yes which Aufenthalt should I change to with my Ausbildung certificate so I can get German citizenship.

Answer 1

Dear @Sambright,

Welcome to the Wefugees Community and thank you for your question.

You are right, the naturalization is for you for the time being not possible as people with a residence permit according to section 25 (5) are not elegible.

First of all, I must emphasize that I am not a lawyer and do not have much experience in this area of law in which you are currently involved.

When I checked the requirements for the residence permit according to 19d, it appears that it is only granted to people holding a Duldung. However, according to this chart (by GGUA in Münster), the change between 25 (5) and 19d might be possible.

Maybe the residence permit according to §18a (following the link you will find the requirements exemplary for Berlin residents) is also an option for you (as you are about to finish your "Ausbildung")? I will also link my dear colleagues @mbeon-Éanna and @mbeon-fardeen here. Maybe they can correct me or add any information.

In any case, we can not offer legal counselling at this platform and I highly recommend you to consult a lawyer or a migration counselling office.

If you have any further (more general) questions, please don't hesitate to get back to us either.

All the best,

Meike