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Hi,

I have been on student visa for 10 years, but could not complete or progress in my studies due to getting a chronic illness here in germany.

I already have a bachelors from my country.  I was enrolled in a Masters program.

I just got exmatriculated because I failed to pass  exams that were requested in a compulsory academic advisory meeting.

I have already informed the Ausländerbehörde that I have been exmatriculated.

Can I apply for the Chancenaufenthaltsrecht or is that only for people with 'Duldung'?

Or what other options do I have?
I go to the hospital every 2 months for my therapy/medication.
asked Dec 19, 2024 in Legal advice by Mo_Chi | 580 views

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2 Answers

0 votes

Hi @Mo_Chi

The Chancenaufenthaltsrecht is only for people with a Duldung. You fulfil one of the main requirements, as you had been in Germany with a residence permit for 5 years on the date of October 31st 2022. The requirement to have a Duldung can in some cases be difficult if the Ausländerbehörde does not issue a person with a Duldung but instead other types of temporary papers. In German these are often called ‘Bescheinigung’, such as one type called a ‘Grenzübertrittsbescheinigung’.

If there are at present no other viable options for you to get a residence permit (e.g. for work or family reasons), then I recommend you request a Duldung. You have to provide a reason to be given a Duldung. Based on what you have written, your medical condition could be such a reason. However, the authorities need to have it confirmed by your doctor that you are unable to travel. There are other possible reasons to be issued with a Duldung, such as not having a passport or there being no travel connection with your home country. If you are refused a Duldung, then I recommend you get legal advice on appealing the decision.

This is a good guide to the Chancenaufenthaötsrecht:

https://handbookgermany.de/en/chancen-aufenthaltsrecht

Other options would be the residence permit 25b if you are able to work enough to cover some (but not all) of your living costs and speak German at A2 level. As you have a university degree, if you find qualified work then you can get the permit 18b. There is also the permit 25,5 for a person who has a Duldung for 18 months and where the reason for the Duldung is unlikely to change.

Best,

Éanna

answered Jan 17 by mbeon-Éanna
0 votes
Hello,

Thank you for being kind enough to respond.

I think I will apply for 20a opportunity card visa. Actually, the Ausländerbehörde asked me themselves, if, I wanted to leave Germany or, if I want a work related visa. So, if they give me a visa for work, then, I will improve my German to become totally fluent and hopefully, with that, I could get a job in the next 6 to 8 months. As the visa with 20a can be issued for a maximum for 12 months.

I am trying to avoid the Duldung thing, but If I don't find a job by then, given, how the job market is right now. Then, I would most likely try to get a Duldung and then, apply for the Chancenauftenhaltsrechts, maybe in November. As I have read that one can only apply for it (Chancenauftenhaltsrechts) until 30.12.2025.
answered Jan 21 by Mo_Chi
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