Hi @Jessica27
You addressed your question and comments to previous answers to my colleague Meike. We work here as a team, however, and so generally questions are open to be answered by any of us. I wanted to give you some feedback on your question.
I do not understand what the person spoke with means by you ‚not having a right‘ to the residence permit 16g and that the immigration office has a ‚choice‘ to give it to you or not. It is important to know that 16g is a type of permit that must be issued if a person fulfils the requirements. You’ll see this if you **** at the German legal text of this paragraph in the immigration law (Aufenthaltsgesetz):
https://***.gesetze-im-internet.de/aufenthg_2004/__16g.html
It states that the permit ‚ist…zu erteilen‘. This means it must be given. There are other types of permits, where the law states they should (soll) be issued or can (kann) be issued.
You either fulfil the requirements for 16g and must be given it or you do not fulfil the requirements and your application must be rejected. Unlike other types of permit, the immigration office does not have discretion (Ermessen) in such cases.
Your identity was clarified (Identitätsklärung) after 6 months had already passed since making your asylum application. If it important to know that the six-month deadline does not necessarily require your identity to have been clarified in that time. It states that you must take all required and reasonable steps that are possible for you to do in that time. You cannot, for example, make contact with the authorities of your home country during the asylum process. It is not clear at what point in the timeline you first tried to obtain your birth certificate through your parents. If it was within 6 months of making your asylum application, the immigration office has to assess whether this was the only option available to you in this time to clarify your identity.
I do not understand the suggestion of applying for 16a. Firstly, 16a is such a permit that ‚should‘ be given. Unlike 16g, it must not be given and the immigration office have more discretion to approve or not. You would also first have to leave the country and apply for a visa with the German embassy in your home country. As you mention the Ausbildungsduldung not being an option, if the application for 16g is rejected, then 16a is the only option left available. There is a special fast-track procedure for such applications at the German embassy called ‘beschleunigtes Fachkräfteverfahren’ but it will still take at least a couple of months.
You can file a lawsuit of inactivity if an authority has not acted on your application after three months. It does not mean your case must be decided within three months. It means that there must be some kind of action on a case on their part within three months. If you wish to file such a lawsuit, you should speak with a lawyer. We can only provide a general assessment of your situation here and only a lawyer would be able to assess the likelihood of a potential lawsuit being successful or not.
Is the organisation you spoke with willing to enquire with the immigration office on your behalf? If not, you yourself can write a letter to the immigration office which clearly states the timeline of events, and importantly detailing exactly what happened when with regard to identity clarification. If you have been doing well at your Ausbildung and have grades to prove this, you can send this also. Give them a deadline of two weeks to provide a response. You can mention that you have the option to file a lawsuit of inactivity if it has been more than three months without any action in your case.
You say you are working for a large company. This company should have a HR department (in German ‚Personalabteilung‘) which is dedicated to handling employees’ needs. Another suggestion would be to ask this department to make a representation to the immigration office on your behalf. They can explain that you having a Duldung leaves both you and the company in a situation where every six months it is unclear whether you can continue the Ausbildung or not.
Best,
Éanna