Request for Legal Advice on Residence Status and Permanent Residency Options
Dear Madam/Sir,
I am from Afghanistan and I arrived in Germany in July 2021 to pursue my master’s degree on a DAAD scholarship, which supported my stay in Germany until August 31, 2023. During my studies, I received a monthly stipend of 934 Euros, which increased to 1645 Euros when my family joined me. My residence permit, based on §16b, was valid until August 31, 2023.
Due to insufficient language skills, I was unable to complete my studies on time and applied for asylum in June 2023. As a result, I was granted a deportation ban under a §25c residence permit, effective from October 1, 2023. Fortunately, I secured a full-time job with a permanent contract starting October 1, 2023, which was approved by the immigration office (Ausländerbehörde).
I am currently an enrolled student at TH Köln and employed full-time. I applied to change my residence permit to an EU Blue Card, but my application was rejected by the Ausländerbehörde in Lübeck. They informed me that my residence permit could not be converted to a Blue Card.
Given my current status, I am seeking professional advice on how to transition to a residence permit that would allow me to apply for permanent residency and, eventually, citizenship. With my current documents, I cannot apply for permanent residency for at least five years. Therefore, I am exploring any options or possibilities to achieve a more stable and secure residence status.
Specifically, I would like to seek your advice on the following points:
EU Blue Card: Considering my current employment and salary, is it possible to reapply or appeal the decision to obtain an EU Blue Card despite the initial refusal?
Jobseeker Visa (§18b AufenthG): Given my full-time employment, can I apply for a jobseeker visa or change my current status to a work visa under §18a AufenthG?
Permanent Residence (Settlement Permit): What steps should I take to fulfill the requirements for permanent residency in the future? Are there any specific requirements or milestones I should be aware of?
Other Legal Options: Are there any other residency or legal options that may be beneficial to my situation, especially those that provide a clearer path to permanent residency or citizenship?
I am committed to securing a stable future for my family and myself in Germany and would greatly appreciate your expert advice on the best way forward.
Thank you for your continued support and assistance. I look forward to your reply.
Yours sincerely,
Reply (5)
Dear @NKO , Thank you for contacting us. You sound like an expert in dealing with the Ausländerbehörde and it may be difficult to appeal the EU Blue Card rejection. The program requires a degree that is recognized in Germany: https://www.make-it-in-germany.com/en/visa-residence/types/eu-blue-card . I understand that you already have a permanent job that has been approved by the immigration authorities. Could you let us know what your status is? You can read about the requirements for a skilled worker visa here: https://www.make-it-in-germany.com/en/visa-residence/types/work-qualifi…;
If you want to apply for permanent residence, you must have had a residence permit for at least 5 years and speak German at B1 level. If you have a university degree and a residence permit as a skilled worker, you can benefit from a faster procedure. This means that you can apply for a permanent residence permit after 3 years as a skilled worker: https://handbookgermany.de/en/permanent-residence-migrants The requirements for citizenship can be found here: https://handbookgermany.de/en/citizenship We are an online platform that provides initial information, we cannot give you legal advice, to get one you need to contact a lawyer that is specialized in immigration issues. If you have any further question, please let us know. You can also ask for advice in the forum, e.g. see if others have had similar questions or topics and write your questions below + tag the person (with @). Best Barbara
@Barbara Stasiak_Community Manager Thanks so much for your reply! I did my Master degree at TH Köln and also my BSc is also recognized here in Germany. The problem arose when I applied for Asylum thinking I wouldn't be able to find a job with my current language proficiency but fortunately I been able to find one which is in accordance to the requirement of Blue Card. My other friends with the exact same situation already got theirs. Now the problem is with my current status of §25 (3) I can only for permanent residency after 5 years but my friends can apply after 21 months, therefore, to find a way that I can change my status back to student or blue card based on the job.
Hey @NKO , You cannot change from §25 (3) status to a Blue Card, it is blocked. You could change your status into status for qualified professionals (§18b) https://www.make-it-in-germany.com/en/visa-residence/types/work-qualifi… Then after three years you could apply for permanent residence: https://handbookgermany.de/en/permanent-residence-migrants#faq_546 If you speak German very well (C1) and have been involved in voluntary work for several years, also after 3 years you can apply for citizenship: https://handbookgermany.de/en/citizenship
I advise you, if you want to change your residency to qualified professionals, please do it with a lawyer. If you have any further questions, please let us know. Best Barbara
@Barbara Stasiak_Community Manager , By a Lawyer you mean a professional one? Because I wrote to a law firm and they said that it will cost me 226.10 Euro for the initial information session! It is too expensive for me and also I don't know if it will be beneficial or how much it will cost further in future? Are there any such lawyers or organizations that support such cases for free or with low fees? I would much appreciate it if you kindly provide any information accordingly! Thank you
Please, check this link: https://lawcliniccologne.com/ Maybe they can support you. Best, Barbara