What is § 25a AufenthG?
To understand how to get a Residence permit as a well-integrated teenager/young adult, it is important for you to understand the background.
What is the history of people with a Residence permit in accordance with Section 25a AufenthG and why exactly did these foreigners receive this right of residence? These questions are particularly important for the introduction to the topic.
Why do you get § 25a AufenthG?
The background to Section 25a AufenthG is a Tolerance permit at a certain point in time or a phase in which a Residence permit was not issued directly.
This is possible if you have been in a Tolerance permit for at least 12 months or are in possession of the 18-month right of residence 104c AufenthG, which you received after 5 years of uninterrupted residence in Germany.
You receive § 25a AufenthG because you have stayed in Germany for a certain period of time. The stay may have been through a Tolerance permit, but also through a Residence permit from which you apply for § 25a AufenthG.
Who receives § 25a AufenthG?
The Residence permit for well-integrated adolescents and young adults is available to adolescents or young people who are under the age of 27 when they apply for this Residence permit .
The regulation used to be 21 years of age, but this has changed with the new right of residence. At the same time, these people must have attended school in Germany for at least 3 years or have a school-leaving or vocational qualification.
In addition to this group of people, Section 25a AufenthG can also be granted to people who are in a relationship with someone who already has one Residence permit .
For example, if a young person has § 25a AufenthG, then it is possible for their parents as legal guardians to obtain such a Residence permit . It is also possible for a spouse or minor child of a person who has been granted § 25a AufenthG to also apply for this Residence permit .
What kind of Residence permit is § 25a AufenthG?
§ Section 25a AufenthG is an integration law Residence permit. As a rule, you will have been in a Tolerance permit in accordance with § 60c AufenthG or § 60d AufenthG before this residence title was issued and will have been in Germany for a longer period of time.
This means that you either came to the Residence permit for well-integrated young people or young adults directly via Tolerance permit or via Tolerance permit and another Residence permit to obtain this right of residence.
The aim of the residence permit is to promote the integration of people who were previously in a Tolerance permit and to offer them better prospects. In this way, their additional integration is also promoted.
Types of § 25a AufenthG
There are different types of § 25a AufenthG. In addition to the actual person for whom the Residence permit was created, relatives can also receive this right of residence. How is this possible?
If, for example, the holder of a residence permit § 25a para. 1 is a well-integrated adolescent or young adult who is a minor, then the parents have the right to apply for § 25a para. 2 sentence 1 as legal guardians.
The next type of § 25a AufenthG is § 25a para. 2 sentence. 2 Who are we talking about here? If your parents have obtained a Residence permit with you as a well-integrated teenager or young adult, then your parents' underage children, i.e. your siblings, are also entitled to this. In this case, the application is made via § 25a Para. 2 Sentence 2 AufenthG.
Another person who can apply for § 25a is your wife. To obtain the residence permit, your wife must submit an application for the title § 25a para. 2 sentence. 3. The decisive factor here is that you and your wife live in a family partnership and that you or your wife provide for your wife's living expenses.
Your underage child can also receive the Residence permit in accordance with § 25a. This is then the variant § 25a para. 2 sentence 4. 4 The decisive factor is that your child lives with you and your wife in a family partnership and that maintenance is secured for both of them (either by you alone or by you and your wife).
Naturalization with § 25a AufenthG?
How do you obtain the right to stay for well-integrated adolescents / young adults?
Obtaining the right to stay for well-integrated young people or young adults is linked to a certain procedure. This procedure must always be kept in mind and internalized. While the documents required to obtain a residence permit may vary from one place to another, the application process is always the same.
Application for § 25a AufenthG
The application process begins by first taking a close look at Section 25a AufenthG and checking whether the application for Residence permit as a well-integrated young person / young adult can be successful at all. If this is the case, then organize the necessary evidence and supporting documents.
The more evidence and positive certificates you can show about your time in Germany so far and that you are a well-integrated teenager/young adult, the better.
Once you have gathered all the documents you need, find the Foreigners' office responsible for you and ask for an application form for the residence permit § 25a AufenthG para. 1 and make an appointment for the application. Then fill in the application form completely or write an application.
The authorities also provide sample documents for writing applications. An example of this is the sample application from the Lower Saxony Refugee Council. Finally, hand in the complete application for § 25a AufenthG at the appointment and wait for your application to be processed.
Examination of the requirements for § 25a AufenthG
From the moment you submit your application, Foreigners' office will check whether you meet the conditions and requirements for the Residence permit for the right of residence for well-integrated adolescents / young adults.
In addition to documents that you need as proof, Foreigners' office also has the task of making a prognosis about your integration based on all the information and documents. This prognosis decision includes various aspects that must be taken into account by the employee of the authority.
The authority is generally obliged to process your complete application within 3 months (i.e. 12 weeks). If you do not receive an answer within this period, you have the right to file a Lawsuit for failure of act against the authority.
Receipt of § 25a AufenthG
You will receive feedback on your application after a certain point in time. If the application is successful, you will receive proof of your Residence permit and your residence card, which you can then use to prove your new Residence permit .
If your application is rejected, you have the option of appealing to the various instances of the administrative courts.
First of all, you file a complaint with the administrative court, if the complaint is not successful, then it goes to the higher administrative court and if you are not successful there, to the federal administrative court.
If the application is rejected in all three instances, it will not be possible to apply and you will not be able to obtain Section 25a AufenthG.
For § 25a para. 2 sentence 1 (application of the parent), § 25a para. 2 sentence 2 (application for siblings), § 25a para. 2 sentence 3 (application of the spouse) and § 25a para. 2 sentence 4 (application of the minor child), other requirements and conditions apply and accordingly other documents are necessary, but the procedure is the same as for you.
The Residence permit § 25a AufenthG can be issued and extended for up to 3 years. An exception to this is if your national passport is no longer valid for this long. In this case, the duration of the residence permit is linked to the duration of your national passport.
For this reason, it is important for you to always extend your national passport and anticipate so that you do not find yourself in a situation where there are difficulties with the duration of your residence permit.
Loss of right of residence for well-integrated adolescents / young adults
Your residence permit may be revoked if the prognosis for your good integration needs to be re-examined. This can happen if you commit serious crimes, crimes that pose a threat to the general public or the Federal Republic of Germany.
In this case, the authorities will check whether you still meet the requirements for Section 25a AufenthG. This problem does not only apply to you, but also to other family members if they commit a serious crime as mentioned above.
The requirements for § 25a AufenthG
The conditions for the granting of § 25a AufenthG vary depending on the type of § 25a AufenthG. Depending on the situation, different documents and evidence must be organized. In your case, there will be more supporting documents than for subsequent applications for your parents (if you are a minor), or your siblings, or your spouse, or your minor child.
Conditions and requirements for § 25a AufenthG
The conditions for § 25a AufenthG vary depending on your situation and age. The most important conditions are summarized for you here:
- You are in a Tolerance permit or have a Residence permit § 104c AufenthG
- You have been in Germany for 3 years without interruption (permitted, tolerated or with a residence permit)
- You have a positive integration prognosis
- You have attended school in Germany for 3 years or have obtained a recognized vocational qualification or a recognized school-leaving certificate.
- If you are attending school, training or studying, your grades are important (for your integration prognosis)
- Securing your livelihood (if you are gainfully employed)
- The application was submitted before you were 27 years old
- Your deportation must not have been suspended due to false information or misrepresentation of identity.
If a subsequent application is made for your parents in accordance with Section 25a (2) sentence 1 and you are a minor, the following conditions apply:
- Securing the living conditions of you and your parents through your parents
- No deportation due to false declaration or misrepresentation of identity in the past
- You must not have been sentenced to more than 50 daily rates (fines) or 90 daily rates (criminal offenses).
As with your parents, your siblings must not have been convicted of comparable criminal offenses. Your siblings must be minors and live with the family.
All the same points apply to your wife as to your parents. The conditions of the right of residence for spouses according to § 31 AufenthG apply.
If your child is a minor, the child must be a minor and unmarried. In addition, the child must live with the family and must not have been sentenced to fines of 50 daily rates or criminal offenses of 90 daily rates.
Documents required for the right of residence for well-integrated adolescents / young adults
To apply for a residence permit for the right of residence for well-integrated young people / young adults, you need proof of your uninterrupted residence for at least 3 years. You will also need proof of your Tolerance permit or your residence permit 104c.
You will also need proof of your grades at school/training/study. It will help if you can show a letter from the school, study or training institution.
If you are gainfully employed, you will need proof that you are able to support yourself. You will need proof of valid identity documents. All other documents that support your positive prognosis (rental documents) are also helpful.
When applying for your parents in accordance with Section 25a (2) sentence 1 AufenthG, proof of your Residence permit in accordance with Section 25a AufenthG is important. Valid identity documents are also important. Documents proving that you and your parents are able to support yourselves are required.
When applying for siblings, you will need proof that your siblings are minors and proof of identity for your siblings.
When applying for the spouse according to § 25a para. 2 sentence 3, proof of livelihood and proof of marriage (marriage document) are required. The authorities also need proof of your wife's identity.
When applying for the minor child, proof of the birth certificate of your minor child is required. Proof of livelihood is also required.
Errors when applying for § 25a AufenthG
When applying for § 25a AufenthG, it is important, as when applying for other Residence permit , to go through the documents for the application in full and check them. If a document is missing or an important document such as proof of means of subsistence is not complete, this will ultimately damage the entire application.
For this reason, it is very important that you always double-check and make sure that the documents are complete and that the application form meets the requirements of the authorities.
Advantages of the right to stay for well-integrated adolescents / young adults
The advantages of the right of residence for well-integrated adolescents/young adults vary. They mainly relate to employment, but also to child benefit and parental allowance (if you have a family). There are also positive aspects for applying for Settlement permit and Naturalization with the Residence permit § 25a AufenthG.
Receipt of child benefit and parental allowance with § 25a AufenthG
Section 25a AufenthG gives you the same rights as German families if you have children and a family. This is laid down in §§ 62; 31 EStG (Income Tax Act).
You receive 250 euros per child. This applies to children up to the age of 18. If your child is in education, the payments apply until the child turns 24.
Section 25a AufenthG also entitles you to parental allowance. This money is available from the moment your child is born. The state pays 1800 euros per month. If you were not previously in gainful employment, you will receive 300 euros per month.
Advantages of working with § 25a AufenthG
Gainful employment with § 25a AufenthG is possible without difficulty. When you receive a residence permit for the right of residence for well-integrated young people/young adults, you will receive a note on your residence card stating that you are permitted to work.
In contrast to other residence permits and especially in contrast to a Tolerance permit , you will have no difficulty in finding a job. It is also not the case that you need any work permits from the Federal Employment Agency.
You also have the advantage that, unlike Residence permit § 19d AufenthG, for example, your Residence permit is not tied to a job at any time.
Advantages of Naturalization and Settlement permit with Section 25a AufenthG
You also have advantages when applying for Settlement permit and Naturalization with your Residence permit . One of the advantages is that, unlike other Residence permit , your Residence permit is not blocked in accordance with Section 10 StAG. This means that you do not have to change your right of residence in order to apply for Naturalization .
If you are already gainfully employed, you already have an important prerequisite for Naturalization and also Settlement permit by securing your livelihood. The educational prerequisites you bring with you will make it easier for you to obtain a B1 certificate and you will find it easier to reach B1 level.
Disadvantages of the right to stay for well-integrated adolescents / young adults
§ Section 25a AufenthG does not only have positive aspects. There are also negative aspects to this residence permit and it is important that you are informed about these negative points. The better informed you are, the easier it will be for you to deal with the difficulties that affect your Residence permit .
Recognition of the previous period of residence is difficult
The recognition of the previous period of residence is complicated or even impossible. Periods during which you were in a Tolerance permit are generally not included in the calculation of the length of stay.
You can therefore assume that the calculation of your period of residence starts when you receive your residence permit under Section 25a of the Residence Act.
Accordingly, Naturalization is possible after 6 years at the earliest with special integration services. In the case of Settlement permit , you can submit the application after 5 years.
It is therefore worth organizing all the necessary requirements in the first 4 years of your residence permit and then applying for naturalization after 5 years at Settlement permit and one year later after 6 years.
Family reunification with § 25a AufenthG is only possible to a limited extent
Under Section 25a AufenthG, family reunification is only possible to a limited extent and only in absolutely exceptional cases. According to § 29 AufenthG, exceptional cases are when there are humanitarian reasons under international law or family reunification is possible to safeguard the political interests of the Federal Republic of Germany.
This means that family reunification is generally excluded with your Residence permit and is rarely used.
Work and travel with § 25a AufenthG
Gainful employment, travel and family reunification with § 25a have different special features. It is advantageous if you are informed about the procedures and possibilities and know exactly what you should pay attention to in each case.
Gainful employment with § 25a AufenthG
In principle, you can always work with your Residence permit and there are no limits in this respect. It does not matter whether you have a temporary or permanent job or are self-employed.
If you are not in gainful employment, you can easily look for work without needing a permit. You can also apply for unemployment benefit I or II. You then apply for specific jobs (a condition for receiving these benefits).
When applying to Settlement permit and Naturalization , it is worthwhile if you can obtain a long-term employment contract as quickly as possible or have already been working for a company for a long time. This creates good arguments when forecasting your livelihood.
Travel with § 25a AufenthG
You can travel both within and outside Germany with your Residence permit without any exceptions. You can also travel to your home country and, unlike some residence permits under asylum law, you do not have to fear any consequences if you want to visit relatives in your home country.
You can travel to other EU countries for three months and within 6 months regardless of Residence permit . It is important that you have your valid travel documents with you. You should note that it is not possible for you to accept a job in the respective EU country during this travel period.
The change to Settlement permit with § 25a AufenthG
It is generally possible to apply for Settlement permit . It is important to note that periods of tolerated stay prior to receiving § 25a AufenthG cannot be taken into account. The reason for this is that Tolerance permit is not counted as legal residence.
The steps from the right to stay to Settlement permit
The very first step for you is to organize the requirements for the Settlement permit organize.
If you are already gainfully employed, then you already meet the requirement of being able to earn a living. As a rule, you should be able to meet the language requirements at B1 level through your school-leaving certificate, degree, training qualification and years at school.
If you have organized all other conditions for the Settlement permit , you should obtain the form for the Settlement permit from the immigration office responsible for you and make an appointment for the application.
Then fill out the form completely and check that your application is complete. Then hand in your application at the agreed appointment and wait.
As with your residence permit application, Foreigners' office has 12 weeks to process your application, after which you can submit an Lawsuit for failure of act . When the Foreigners' office contacts you and informs you that your Settlement permit has been granted, you will receive the card with your new Residence permit.
Documents required for the application with § 25a AufenthG
The documents required when applying for Settlement permit under Section 25a AufenthG can be found in Section 9 AufenthG.
In addition to the B1 certificate and proof of means of subsistence, this includes proof of legal residence in Germany for 5 years, proof of sufficient living space for you and your family members and proof of your employment contract.
Proof of payment into the pension system over a period of 60 months and clarification of your identity are also required. It is also necessary that you can prove that you have no previous convictions that have not yet been expunged.
The Naturalization with § 25a AufenthG
There is a specific procedure for Naturalization with § 25a AufenthG. Unlike residence titles such as refugee status or subsidiary protection, with your Residence permit you must assume that the time before your Residence permit is not taken into account.
The path from § 25a AufenthG to Naturalization
The path from Section 25a AufenthG to Naturalization can be illustrated very simply in the following 7 steps:
- Step: Organize all documents for the Naturalization
- Step Contact the naturalization authority and organize the application form
- Step Complete the application form
- Step Checking and sorting the application
- Step Submitting the application to the authority
- Step If necessary: Set up a Lawsuit for failure of act
- Step Appearance at the naturalization appointment and receipt of the naturalization certificate
Documents required for Naturalization with § 25a AufenthG
The documents for Naturalization are almost the same as for Settlement permit.
For the Naturalization you need proof of at least 8 years of legal residence in Germany.
With a special integration achievement such as a B2 certificate or voluntary work, the Naturalization can also be obtained after 6 years for you and if your spouse is a German citizen, the Naturalization can also be obtained after 3 years.
The Naturalization after 7 years works if you can already show the naturalization test with all other conditions.
Further proof for the Naturalization are: the signed declaration of loyalty and commitment to the free democratic basic order, proof of identity, proof of livelihood, a successful naturalization test and the language certificate B1.
You will also need proof that you have renounced the citizenship of your home country in accordance with Section 10 (4) StAG. However, there are many exceptions to this in § 12 StAG.
Summary
As you can see, the area of residence permits for well-integrated young people / young adults according to § 25a AufenthG is very extensive. We have compiled the most important facts for you below:
- The Residence permit § 25a AufenthG is available to people who were previously in Residence permit 104c or are in a Tolerance permit and have been in Germany for at least 3 years without interruption.
- You must have attended school in Germany for 3 years or have a recognized school-leaving certificate or vocational qualification and be under 27 years old.
- The time before § 25a AufenthG is not taken into account, so the calculation period begins with the start of the residence permit being issued.
- If you are a minor, you can also apply for Residence permit § 25a AufenthG for your parents if you have already received the title. The same applies to underage siblings.
- If you are married, you can apply for the right of residence § 25a AufenthG for your spouse and it is also possible to apply for your minor child.
- Travel is generally possible under § 25a AufenthG, including travel to your home country.
- The Residence permit § 25a AufenthG is not blocked for Naturalization and Settlement permit and Naturalization can be applied for without any problems.
Settlement permit with § 25a AufenthG?
FAQ: The most important questions and answers on § 25a AufenthG
§ Section 25a AufenthG is a Residence permit right of residence for well-integrated young people / young adults. Holders of this residence permit were previously in a Tolerance permit or had the Residence permit 104c AufenthG.
This Residence permit is available to people who were previously in a Tolerance permit or had the Residence permit 104c AufenthG and are under 27 years old. It is intended for adolescents and young people who are well integrated in Germany.
For Residence permit § 25a AufenthG, you need proof of identity, proof of 104c AufenthG or a tolerated status, proof of uninterrupted residence in Germany for at least 3 years, proof of 3 years attendance at a German school or a recognized school-leaving certificate or recognized vocational qualification. You also need a positive integration prognosis and, if you are working, proof that you can support yourself.
Yes. Residence permit § 25a AufenthG is not blocked for Naturalization . If you meet the requirements for Naturalization , you can apply for German citizenship without any problems.
Yes. Settlement permit can be applied for with § 25a AufenthG. Important here as with Naturalization. The time before receiving § 25a AufenthG is not included in the duration of residence.
Yes, but only to a limited extent and in absolutely exceptional cases. Such exceptional cases are, for example, if it is justifiable for humanitarian reasons in accordance with § 29 AufenthG (3) or if family reunification is in the interests of the Federal Republic of Germany.
Yes, you can travel with § 25a AufenthG both abroad and to other countries. It is also possible to travel to your home country. You can stay in EU countries for 3 months within a 6-month period. Important requirements are always: valid travel documents and your Residence permit.
As a rule, § 25a AufenthG is issued or extended for 3 years. The exception to this is if your passport is not valid for this long. In this case, everything depends on the date in your passport.
