What is § 25b AufenthG?
The Residence permit for § 25b AufenthG has a specific background. So that you can understand the positive and negative aspects of this residence permit, it is important that you know the background to the residence permit. Who exactly has the right to obtain § 25b AufenthG and what history do people who have this title usually have? These are the topics with which we start our comprehensive article on Section 25b AufenthG.
The reasons for § 25b AufenthG
If you are in possession of a residence title under Section 25b of the Residence Act, then you were in a tolerated status at some point in the past. You were in Residence permit § 104c AufenthG, which is valid for a total of 18 months, or you moved directly from a tolerated status to § 25b AufenthG.
In addition to these points, the authorities have determined that you have achieved sustainable integration. These achievements in combination with your uninterrupted stay of 6 years in Germany and the other requirements according to § 25b AufenthG were the reason why you received this Residence permit .
Who gets § 25b AufenthG?
People with a background of tolerated stay receive Residence permit in accordance with Section 25b AufenthG. Either they were previously subject to Section 104c AufenthG and were in a Tolerance permit before this Residence permit , or they come directly from the tolerated status to this Residence permit.
Another group of people who can obtain Residence permit § 25b AufenthG are spouses or the minor child of holders of § 25b para. 1 AufenthG. In this case, § 25b AufenthG can also be applied for if the requirements are met.
The differences between Section 25a AufenthG and Section 25b AufenthG
The two Residence permit § 25a AufenthG and § 25b AufenthG differ greatly in some respects. Unlike § 25a AufenthG, there is no age limit for § 25b AufenthG after which the Residence permit can no longer be applied for.
Furthermore, there are different requirements for residence than for § 25a. The requirement for Section 25b is 6 years of residence in Germany. Overall, § 25b AufenthG is more tailored to people who are gainfully employed and can provide evidence of special sustainable integration. For § 25b AufenthG, you must present a test of living in Germany and a signed declaration of loyalty.
There is a similarity between the two residence titles in the background of Tolerance permit. As with Section 25a AufenthG, it is also the case with Section 25b AufenthG that the holders have at some point been in a tolerated status or have received this right of residence directly from a tolerated status.
The different types 25b AufenthG
There are different types of residence permit 25b AufenthG. These each have their own characteristics. It is important that you understand these characteristics and know the associated different requirements and possibilities, but also restrictions.
§ Section 25b (1) AufenthG
The Residence permit § 25b Para. 1 AufenthG can be applied for by people who either have a tolerated status or previously had a Residence permit in accordance with 104c AufenthG. Furthermore, it is also important that these people can prove their sustainable integration by passing the Living in Germany test and the A2 language certificate.
§ Section 25b (4) AufenthG
The Residence permit § 25b para. 4 AufenthG can be issued if you are the spouse or minor child of a holder of a residence permit under § 25b para. 1 AufenthG.
In contrast to the holder's residence permit, there are other additional requirements and conditions that ultimately determine whether an application for the Residence permit § 25b AufenthG is successful or not. For example, there are key differences in the requirements for the length of stay in Germany.
§ Section 25b (6) AufenthG
The variant § 25b para. 6 AufenthG applies to people who have been in a tolerated employment status for a period of 30 months prior to Residence permit . The requirements here are proof of tolerated employment and language certificates at A2 level.
Naturalization with § 25b AufenthG?
How can I apply for § 25b AufenthG?
There are certain steps you need to follow when applying for Section 25b AufenthG. The procedure is always the same, regardless of the type of § 25b you are applying for. It is a good idea to make a note of the procedure as a guide for the entire application process. This way, you can always check exactly where you are in the application process.
This is how the application for § 25b AufenthG works
The start of the application is always to organize documents for the application. You must therefore take a close look at the requirements for § 25b AufenthG and organize the documents step by step and meet the necessary conditions.
The next step is to contact your local Foreigners' office, make an appointment to submit the documents and ask for a sample application form.
Once you have completed this step, either fill out the application form or write a form based on the sample form in which you apply for the Residence permit . Then sort through all the documents and check again to make sure that you really have all the documents and that your application is complete.
The next step is to hand in the documents at the appointment. Once you have submitted the documents, you must first wait for your application to be processed.
The examination for § 25b AufenthG by the authorities
Your documents have now arrived at Foreigners' office . From the date of application, Foreigners' office has 3 months (12 weeks) to examine your application for the granting of § 25b AufenthG. During the examination, the employee will go over your application and thus your documents and analyze whether you are eligible for § 25b AufenthG.
If you do not receive a response from Foreigners' office after 12 weeks, you have the option of submitting a Lawsuit for failure of act application. The administrative court will then set the authority another deadline and you will then receive the result of your application.
Granting of § 25b AufenthG
Once the authorities have gone through your application and a decision has been made, you will be informed of the decision by Foreigners' office . In most cases, the authority's decision is positive and you will receive a card with your new Residence permit § 25b AufenthG.
In the unlikely event that your application is rejected, you can take legal action against the decision. The action must be filed within one or two weeks of receiving the negative decision. The first step is to file an appeal with the administrative court. If you fail there, you can appeal to the Higher Administrative Court.
If the Higher Administrative Court also decides negatively, you still have the option of appealing to the Federal Administrative Court. It is important that you observe the deadlines within which the action must be filed. If none of the three instances of appeal result in a positive outcome for you, you cannot apply for Residence permit § 25b AufenthG.
The Residence permit § 25b AufenthG is usually issued and extended for up to 2 years. This only changes if your national passport expires earlier. In this case, the duration of the residence permit is based on the date in your national passport
Revocation of § 25b AufenthG
There are reasons why your Residence permit can be revoked. The reasons for initiating a so-called revocation procedure are, for example, serious criminal offenses.
Therefore, if you commit a serious offense that leads to the analysis of your sustainable integration being damaged, then an analysis and a procedure according to the legal basis of § 52 AufenthG must be carried out before the decision to grant a residence title 25b AufenthG is made.
In the worst case scenario, the procedure could mean that you end up having your Residence permit revoked. It is therefore important not to make yourself liable to prosecution and to avoid such a situation.
The requirements for § 25b AufenthG
The different types of § 25b AufenthG have certain requirements and conditions. These conditions vary depending on the form and it is important that you observe these conditions and organize your documents accordingly.
Requirements for Section 25b (1) AufenthG
The requirements for § 25b para. 1 vary depending on your situation. If you are gainfully employed, for example, you must be able to secure your livelihood and if you are still in training or studying, a prognosis must be made.
The documents that you must submit for the application are linked to the requirements. The documents are as follows:
- Proof of your toleration status or your Residence permit 104c AufenthG
- Proof of at least 6 years of uninterrupted residence in Germany (4 years is sufficient if you are a single parent with a minor child).
- Proof of successful completion of the naturalization test Leben in Deutschland (alternatively general school-leaving certificate in Germany).
- Proof of the signed declaration of loyalty and thus commitment to the free democratic basic order.
- Proof of means of subsistence / proof of future means of subsistence (grades, assessments, performance appraisals).
- Language certificate A2 (alternative general school-leaving certificate in Germany).
- Proof of the children's school attendance.
- Proof to clarify your identity
A further requirement under § 25b is that there are no grounds for refusing you the Residence permit . There must be no grounds for deportation against you under Section 54 AufenthG and you must not have attracted attention by misrepresenting your identity or providing false information about your nationality.
Requirements for Section 25b (4) AufenthG
The requirements for Section 25b (4) AufenthG are in some respects identical to the requirements for Section 25b (1) AufenthG.
However, there are a few exceptions: You need a document that you are the spouse or a minor child of a holder of § 25b Para.1 AufenthG. In addition, you do not have to fulfill the residence duration requirements of § 25b para. 1 or provide proof of a tolerated status.
If you are a minor child, it is sufficient to clarify your identity, prove that you are the child of the holder of § 25b AufenthG para. 1 and that there are no grounds for refusing to grant you a residence permit.
Requirements for Section 25b (6) AufenthG
There are fewer requirements for the issue of a residence permit under Section 25b (6) AufenthG than in the other two cases. Here, 3 pieces of evidence are decisive:
- Proof that you have had a tolerated employment permit for 30 months and meet the requirements for a tolerated employment permit.
- Proof of clarification of your identity
- Proof of language skills at A2 level (alternative general school-leaving certificate in Germany).
Advantages with § 25b AufenthG
The Residence permit Section 25b AufenthG has various positive aspects. These positive aspects relate to travel with Residence permit, Naturalization with Residence permit and gainful employment with Sec. 25b AufenthG.
Uncomplicated travel with § 25b AufenthG
Traveling with your Residence permit is generally uncomplicated. You can travel anywhere within Germany and do not have to worry about any restrictions.
Within the EU, you can stay for 3 months within a period of 6 months with a valid travel document. It is not possible to work in this country during this travel period.
You can also travel to your home country. Unlike other residence permits, which do not allow you to travel to your home country or result in the loss of your right of residence, this is not the case for you with Section 25b AufenthG. You can therefore visit your relatives in your country of origin without any problems.
§ Section 25b is not blocked for the Naturalization
Another advantage of Section 25b AufenthG is that your Residence permit is not one of the residence rights that are Naturalization are blocked. This means that if you meet the requirements for Naturalization , you can submit your application for German citizenship without any problems. It is then not necessary to change Residence permit .
Another advantage for Naturalization is that you already meet the requirements for Naturalization by completing the test of living in Germany, securing your livelihood, signing a declaration of loyalty and clarifying your identity. You therefore have fewer documents to organize.
Uncomplicated work with § 25b AufenthG
Gainful employment with § 25b AufenthG is generally always possible. It does not matter whether you are in temporary employment, permanent employment or self-employment. For self-employment, you can apply for and receive a start-up grant of 300 euros per month from the Federal Employment Agency when you start your own business. This is valid for 6 months and can then be extended by 9 months if necessary.
You also have the option of applying for unemployment benefit I or II. In this case, you are obliged to look for a job or state that you are starting your own business (you will need proof that you are self-employed). If you do not start self-employment and receive unemployment benefit I or II, the JobCenter or the Employment Agency can oblige you to apply for certain jobs.
Disadvantages with § 25b AufenthG
The Residence permit § 25b AufenthG has some positive aspects as well as negative aspects. It is crucial for you to deal with these negative points and to be informed about them. This will make it easier for you to plan the next steps from your Residence permit § 25b AufenthG to the Settlement permit or directly to Naturalization .
No calculation of the years before § 25b AufenthG
Even if your right of residence § 25b AufenthG is not blocked for Naturalization , there is a disadvantage for you. You cannot have the time before the residence permit was issued counted towards sustainable integration.
What does this mean for you? The calculation of the required period of residence for Settlement permit and Naturalization begins on the day you receive § 25b AufenthG. With the knowledge of this fact, you can plan your steps either via Settlement permit to Naturalization or directly to Naturalization and prepare all conditions for the date from which the application will work.
Difficult family reunification with § 25b AufenthG
Similar to § 25a AufenthG, family reunification with your Residence permit is very difficult or even impossible. Family reunification is only possible under absolute exceptions, which are described in § 29 AufenthG, with § 25b Para. 1 AufenthG. As your spouse and your underage children can apply for Residence permit under § 25b Para. 4 AufenthG, this is the better option and it works.
Family reunification is not possible for people who have received a Residence permit in accordance with § 25b Para. 4 AufenthG (i.e. your spouse or your minor child). This means that your spouse cannot use this Residence permit to bring family members to Germany and would have to change Residence permit to do so.
The path from § 25b to Settlement permit
The step from Residence permit for sustainable integration to Settlement permit has a specific procedure. As with § 25a AufenthG, it is generally possible to apply. It is only important that you take the calculation of the duration of residence into account. When it comes to the requirements, you already fulfill some important things when you receive § 25b AufenthG. You therefore do not need to organize as many documents.
Individual steps of the application with § 25b AufenthG
The first step for you must be to organize the documents for the application. With the proof of livelihood, the successful test of living in Germany and the clarification of your identity, you already have 3 important requirements and have the documents for this. Now it is important to obtain the remaining documents.
Once you have collected all the documents except for the application form, the second step follows. You contact Foreigners' office for an appointment to submit the documents and organize the application form for Settlement permit. Then fill out the application form completely and check again whether your application is complete.
In step 3, you submit your complete application to switch to Settlement permit by the deadline and wait for Foreigners' office to process and decide.
As with your application for § 25b AufenthG, Foreigners' office is obliged to respond and process your application within a certain period of 12 weeks. If this does not happen, you can submit an Lawsuit for failure of act . In the final step, you will be contacted by Foreigners' office and receive the card for your Settlement permit.
You need these documents when applying with § 25b
The documents required to apply for Settlement permit can be found in the Residence Act under § 9 AufenthG.
In addition to securing your livelihood, clarifying your identity and the test of living in Germany, there are other conditions. For example, you must prove that you have paid into the pension insurance scheme for 60 months and submit proof of your B1 certificate.
You will also need proof that you have sufficient living space for yourself and your family, proof of your employment contract and proof that you have been in Germany for more than 5 years under § 25b AufenthG.
The steps from § 25b to Naturalization
Your path to Naturalization with your Residence permit will vary depending on your requirements. The start of your journey to Naturalization is when you receive your residence permit in accordance with § 25b AufenthG. From this point onwards, you can start planning your application for German citizenship.
The path with § 25b from the application to the naturalization certificate
When applying, you have several advantages over other residence permits. By securing your livelihood as a prerequisite for § 25b AufenthG, it is very likely that the prognosis of Foreigners' office will be positive for you. In addition, you have another important point with the signed declaration of loyalty and can also present the naturalization test.
If you have a German spouse and have been married for two years, you can apply for Naturalization in accordance with § 9 StAG after 3 years of residence under § 25b AufenthG.
If you have successfully obtained a B2 certificate or can provide proof of voluntary work, you can apply for Naturalization after 6 years.
You can certainly be naturalized after 7 years with all other requirements, as you have already passed the naturalization test as a condition for § 25b AufenthG.
As with Settlement permit , the start begins with organizing the documents. Once you have all the documents and forms together, you should check them carefully.
Then contact Foreigners' office and obtain the application form. Complete this application form in full and then submit your application in full to Foreigners' office .
The next step for you is to wait for the authorities to process your application. If necessary, you can submit an application to Lawsuit for failure of act.
Once the authorities have processed your application and made a decision, you will be contacted and given an appointment to receive your naturalization certificate. Now all you have to do is turn up for your appointment and you will receive the certificate as well as an identity card and German passport made out to you and from now on you are a German citizen.
The required documents with § 25b AufenthG
All documents for Naturalization can be found under § 10 StAG. You can make a note of the documents as follows:
- Proof of your legal residence in Germany (depending on the case: 6 years, 7 years, 8 years).
- The signed declaration of loyalty and commitment to the free democratic basic order.
- Proof that you and your family are able to support yourself and your family.
- Proof of your naturalization test.
- Proof to clarify your identity (valid passport / valid passport replacement).
- Proof of your B1 certificate.
- Proof that you have left the citizenship of your home country in accordance with § 10 para. 4 StAG. There are many exceptions to this in § 12 StAG.
If you have these documents including a fully completed application form for Naturalization and all the documents are there, nothing stands in the way of a successful application for you!
Summary
As you can see, the topic of Residence permit § 25b AufenthG is very extensive. We have summarized the most important points for you here:
- The Residence permit § 25b AufenthG is a Residence permit, which is granted to people who can demonstrate sustainable integration in Germany.
- The condition for obtaining this is a Residence permit 104c AufenthG or at least 6 years of uninterrupted residence in Germany (exception as a single parent with a minor child. In this case, 4 years of residence).
- Sustainable integration is evidenced, among other things, by the Life in Germany test and the signed declaration of loyalty and commitment to the free democratic basic order.
- It is possible for your spouse or your minor child to apply for Residence permit § 25b para. 4 AufenthG if you are already in possession of § 25b para. 1 AufenthG.
- If you have been in a tolerated employment status for 30 months and can provide proof of this and an A2 language certificate, you can apply for Residence permit § 25b para. 6 AufenthG.
- Family reunification is only possible under Section 25b AufenthG in very difficult circumstances, which are an absolute exception.
- § Section 25b AufenthG is not blocked for Naturalization . You can therefore apply for German citizenship directly if your requirements are met.
- You can also apply for Settlement permit with § 25b AufenthG and have no difficulties in doing so.
- The period prior to receiving Section 25b AufenthG is not taken into account when calculating the duration of residence, which is important for Settlement permit and Naturalization .
Settlement permit with § 25b AufenthG?
FAQ - The most important questions and answers about Residence permit § 25b AufenthG
The Residence permit § 25b AufenthG means that you are in possession of a residence permit that was issued to you due to sustainable integration. This sustainable integration is proven, among other things, by the Living in Germany test, the signed declaration of loyalty and the fulfillment of all other conditions for § 25b AufenthG.
You will receive § 25b AufenthG if you were previously entitled to residence under 104c AufenthG, previously had a tolerated stay status or if you had a tolerated employment status for 30 months. The spouse and minor child of a holder of § 25b Para. 1 AufenthG can apply for Residence permit § 25b Para. 4 AufenthG and thus also obtain a residence permit.
Nothing stands in the way of Naturalization with § 25b AufenthG. It is only important that you note that the calculation of your period of residence only starts from the date on which § 25b AufenthG is granted and not before.
An application to Settlement permit can be made without any problems using § 25b AufenthG. With regard to the calculation of the duration of residence, the same point applies as for Naturalization. The time before receiving § 25b AufenthG is not taken into account!
Yes, traveling with § 25b AufenthG is possible without any difficulties. It does not matter whether you are traveling in Germany, in another European country or anywhere else in the world. The important thing is that you have a valid national passport and your Residence permit with you. You can also travel to your home country without any problems.
Family reunification is only possible with § 25b AufenthG under very difficult conditions in accordance with § 29 (3) AufenthG. This exception is very rare.
The granting and extension of the residence title § 25b AufenthG is generally valid for 2 years. There are exceptions if your national passport does not run for such a period, in which case the duration of your residence permit is based on the period of validity of your national passport.
