The types of Aufenthaltserlaubnis (temporary residence permit) specified here will be granted, if, for instance, the asylum request was rejected and you cannot leave the country.
Unfortunately, in the case of these types of Aufenthaltserlaubnis a residence permit for family members is excluded.
There are different answers to the question on when, to whom and under which conditions these types of Aufenthaltserlaubnis will be granted.
The Aufenthaltserlaubnis § 25 para. 4 AufenthG can be granted for a temporary residence in special cases.
The Aufenthaltserlaubnis § 25 para. 5 AufenthG can be granted, if a leave of the country is not possible in the long run for legal or de facto reasons. The Aufenthaltserlaubnis is granted for 6 months. It will be prolonged until the legal or de facto reasons cease to exist.
- Freedom of movement is not limited, but domicile may only be taken in the allocated community. However, an annulment of this limitation may be applied for at the aliens department, if no contributions according to SGB II (Social Code, 2nd book) have to be paid at the new domicile.
The Aufenthaltserlaubnis § 25a AufenthG can be granted for well-integrated young people, if they
- are 15 to 21 years old and
- have stayed at least four years in Germany with a Duldung, Aufenthaltsgestattung or Aufenthaltserlaubnis and
- have attended school successfully for at least four years or have acquired a college degree or professional training and
- cover the living expenses by themselves (not necessary during school or professional training!) and
- obtain a good integration-prognosis
- have not deceived about their identity and origin and
- possess a passport or are able to demonstrate that they cannot get one.
Then the Aufenthaltserlaubnis can also be granted for family members.
The Aufenthaltserlaubnis § 25b AufenthG can be granted in case of enduring integration. Requirements are:
- eight years of stay in Germany with Duldung or Aufenthaltsgestattung (six years of stay for families with minors)
- predominantly self-funding of living costs (exceptions when in professional training, studying etc.)
- commitment to the democratic basic order
- German language skills (A2)
- no deception about identity and origin
The Aufenthaltserlaubnis § 18a AufenthG can be granted when
- a qualified professional training has successfully been completed
- a binding employment offer or employment contract already exists
- three years of continuous work in employment relationship can be proven which requires a completed qualified education, or
- a college graduate with a Duldung, who has a final degree that is recognized in Germany and has worked continuously for two years at a job that requires this particular university education.
- Note: If you do not fulfil those requirements for the Aufenthaltserlaubnis §18a AufenthG because you are currently starting a professional training you will receive a Duldung until your professional training will be finished.
After five years with an Aufenthaltserlaubnis – the time of the asylum procedure is not calculated – it is possible to apply for a settlement permit.
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