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i work in Germany for 2 yrs 8 month in my field as a university graduate. I applied for Aufenthalt 19d. I will be out of job in 3 months time. Am yet to get the Aufenthalt 19d. Looking for another job. Will i have to work with a new employer for another 2 years again before i can re-apply for the 19d? I was given a form to fill by my employer (Erklärung zum Beschäftigungsverhältnis which will be submited to Bundesagentur für Arbeit. I am confused on what my faith will be. Please i need advice.
asked Dec 10, 2024 in Asylum proceedings by Ola_BJ | 531 views

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Hi @Ola_BJ

It is not clear under which category you are applying for 19d. There are three different groups of people with a Duldung who can be eligible for 19d. Based on your description, I presume you have applied for 19d as a person with a foreign university degree that is comparable to a German degree. For this you need only to have been working for two years in a job that requires a qualification. Is there a reason you do not have 19d after having worked well over two years in the job?

In any case, the rules state that a break in employment of up to three months does not affect your entitlement to 19d. The time in the break is not, however, counted towards the two years.

For example, if a person works 20 months in one job, then is not working for two months while they **** for a new job, they will need to work 4 months in the new job to be eligible (for a total of 24 months working). If the person in that example needed over three months to find a new job, then the time they worked in the first job is no longer counted and they will only be eligible after working two years in the second job.

The legal text on 19d in the Aufenthaltsgesetz does not contain this rule but you can find it in the ‘Allgemeine Verwaltungsvorschrift zum Aufenthaltsgesetz’. For many laws in Germany, there are additional guidelines called ‘Verwaltungsvorschriften’, which assist the authorities (for example the Ausländerbehörde) in deciding how to apply the law. The point about a person having a break in employment is in section 18a.1.1.2 of this document and states in German:

Kürzere Unterbrechungen der Beschäftigung, die im Regelfall eine Gesamtdauer von drei Monaten nicht übersteigen sollten, sind unschädlich; sie werden aber nicht auf die erforderliche Beschäftigungsdauer von zwei Jahren angerechnet.

https://***.verwaltungsvorschriften-im-internet.de/pdf/BMI-MI3-20091026-SF-A001.pdf

It is under the section 18a rather than 19d due to changes having taken place in the Aufenthaltsgesetz in the meantime.

Best,

Éanna

answered 5 days ago by mbeon-Éanna
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