In my previous video, I introduced you to the training toleration according to § 104c AufenthG.
Today we come to the question: What happens after I have completed the training? Which residence permit can I get? And what conditions must meet?
You will learn here:
1. What requirements do I have to fulfill for the RESIDENTIAL PERMIT FOR QUALIFIED PERSONS FOR THE PURPOSE OF EMPLOYMENT according to § 19d AufenthG?
2. What other residence permits can I be considered for?
For simplicity, I will omit the word AUFENTHALTSGESETZ when I mention paragraphs.
First of all: we are talking about the so-called TRACK CHANGE. It is about the change from toleration to residence permit. The residence permit has – in contrast to the Duldung – very many advantages for the long-term stay in Germany for you and for your his family.
For example, you can receive a settlement permit in the future, or even the German passport.
Now to the requirements for the issuance of the residence permit according to § 19d:
1. The wording of the law is aimed at PERMITTED foreigners. In other words, foreigners who have a Duldung at the time of application. What kind of toleration does not matter.
Beyond the wording, the provision also applies to foreigners whose asylum procedure is still ongoing, i.e. who are still in the status of GESTATION.
2. completion of qualified vocational training or university studies in Germany. For example, completion of training as a warehouse clerk, hairdresser and so on.
There are other alternatives that link to longer prior employment in a skilled occupation, but these are rare in practice and I will skip them here.
3. employment corresponding to the professional qualification. There must be a close connection between training and the activity. The trained warehouseman should not work as a courier driver.
At this point, the problem arises in practice, for example, that the foreigner can no longer practice his learned profession for health reasons. Warehouseman with back damage. Hairdresser with hair allergy.
In the case of Section 19d, the law does not permit any employment unrelated to the training occupation until after two years.
In this situation, for example, a change to the residence permit according to §25a or §25b may be necessary, more on this later.
Back to the requirements under § 19d:
4. Sufficient living space
5. Sufficient knowledge of the German language, i.e. German level B1.
6. no intentional deception of the foreigners authority about circumstances relevant to residence law; reason for exclusion can be, for example, identity deception.
7. no deliberate delay or obstruction of official measures to terminate residence; typical case: prolonged absconding in the past
8. no links to extremist or terrorist organizations
9. no conviction for an intentional criminal act committed in Germany. In principle, fines totaling up to 50 daily sentences or up to 90 daily sentences for offenses that can only be committed by foreigners are irrelevant. These are typically criminal offenses that are linked to the lack of a residence permit.
In summary, these are the requirements for the residence permit according to § 19d.
But what other options do I have apart from § 19d if I have a training permit?
The residence permits for well-integrated foreigners according to § 25a and 25b come into consideration. This is interesting, for example, because any type of employment is allowed, and not only those from the training profession.
I will discuss the requirements of §§ 25a and 25b in another video.
Some foreigners authorities are of the opinion that § 19d takes precedence over §§ 25a and 25b. Those who have completed their education with toleration must always comply with and apply for Section 19d.
We don’t see it that way. Because:
1. There is no indication from the wording of the law.
2. the law allows you to hold more than one residence permit, so you can apply for § 19d and §§ 25a or 25b, and
3. we have a decision of the Administrative Court of Düsseldorf, which confirmed § 25a for the foreigner, although he would also have fulfilled § 19d
Therefore, you should not let the Aliens Department refer you to 19d if you are actually applying for § 25a or 25b. Or vice versa.
Whether the foreigner can change to the residence permit according to § 18a, the residence permit as a skilled worker with vocational training, after receiving the residence permit according to § 19d, has not yet been clarified. One advantage would be that the settlement permit would be granted after only four years instead of five.
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This article is also not suitable to replace an individual consultation.
If you have any questions, please feel free to contact us. I would be pleased to welcome you here again soon, your lawyer Simon Sonnenberg