Visa for seriously ill patient.

Question

Dear Admin,
Greetings!

As you know that there are conditions need to be fulfilled  for those who have 104c residence permit for visa renewal.  
These conditions are:
1. To be self independent ( i.e to have a job) and not to rely on social welfare
2. A2 German Course
3. Participation in Course on " Leben in Deutschland "
and
4. Proof of Identity i .e Passport.

I have almost fulfilled all the condition except I don´t have a job. I have been looking for six months and found some offers for job but I am unable to accept it because of my health condition.  
I am suffering from chronic kidney disease and recently a new examination of my health status show that my kidney is at stage 4 and when you are at stage 5 then you are officially need dialysis.
Before the test of my kidney, I knew that the results won´t be good because I was already feeling weak and have less strength for some months.

Due to my illness I am not allowed to work for longer period in standing position as required in a company store or carry heavy things.  The condition I am in now is suited to a desk job and any type of light work for less than 4 or 5 hours.
And I cannot find such kind of jobs because I don´t have experiences or qualification.

I had a talked with foreign office once last month and asked what would happen if some condition are not met. They told me, I will be provided with Fiktionsbescheinigung.
My visa will expire in two months this year. Since I cannot fulfilled one of the condition for visa renewal due to illness, how will my stay in Germany be effected?

Is there an exception for those who are seriously ill.  I heard that if someone is seriously ill can apply for schwerbehindertausweis and later make a case for my visa here?

Yours sincrely,
Luffy

Answer 1

Hi @Luffy

Just to make it clear, it is not possible to ‘renew’ the residence permit 104c. It is issued once only and cannot be extended. What you are hoping to do is to change your residence permit from 104c to 25b. You have correctly listed the requirements for 25b. However, if you **** at the legal basis for this permit (paragraph 25b of the Aufenthaltsgesetz), you will see that exceptions can be made to these requirements.

Here is the legal text in English:

https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0764

You’ll see in section three, it says that the requirement for financial independence must be waived if not possible due to physical illness. This can be shown in different ways. Your doctor can provide an assessment on your ability to work or not. You can also apply at your local Sozialamt to have your level of disability (Grad der Behinderung) assessed. If the level of disability is determined at least 50%, then you can apply for a Schwerbehindertenausweis.

You can also request that your ability to work is assessed by the employment authorities. I presume you are in receipt of benefits from the Jobcenter. The Jobcenter has its own team of medical staff called ‘Ärztlicher Dienst’ who in some cases are requested to make an assessment. You speak with the person responsible for helping you find work (from the ‘Vermittlung’ team there) to arrange this assessment. If they determine you as being unable to work (erwerbsunfähig), then this is also proof you can use in your application for 25b.

I wish you well with your health and application for 25b. Let us know if you have any other questions.

Best,

Éanna