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I have just received the "niederlassungserlaubnis". But with very strange conditions.

I have passed 3 years working with blue card in Germany with A2 language certificate.

The problem is I have received a green paper with the "niederlassungserlaubnis" which says "Erlischt bei Inanspruchnahme von sozialleistungen" which translates to "expires when social benefits are used".

Is that legal? All my friends didn't have similar paper. And what I knew that by having the "niederlassungserlaubnis", you have the right of all "sozialleistungen". Any one know what should I do? What does the law says about that?

One more strange point, the new card has an entry "Karte Gültig bis" "card expired in" and is written the expiry date of my passport. When I checked with others, their card has the entry "Gültig bis" "valid to" and written "unbefristet" = "permanent". May be because the addition of word card? Is that normal also? What should I do here as well?

Help!

  • Are you self employed? Can you add an Image (with personal data blotted out)? Any remarks containing § (such as § 21 AufenthG) would be important. – Mark Johnson Dec 29 '19 at 11:11
  • @ouflak ... do you know someone else has the same wording on his permanent residence permit? .... also i didnt get this part "But the rule regarding access to public benefits was likely in place beforehand and they've just recently decided to explicitly put that wording on the visa"...... From what i know anyone has permanent residence has access to all public benifits. Where did you get this information? – Pash Dec 30 '19 at 13:58
  • @MarkJohnson no I am working in a company with unlimited contract. and my card looks like this one kreis-mettmann.de/Weitere-Themen/Sicherheit-Ordnung/… – Pash Dec 30 '19 at 14:01
  • @MarkJohnson only difference it is written "niederlassungserlaubnis" and under remarks written 19A abs.6 S.1 – Pash Dec 30 '19 at 14:05
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Added information from Comments:

  • not self employed (Selbständig) or freelancer
  • §19a (6) Sentence 1
    • Niederlassungserlaubnis issued against a Blue Card

I believe this card was incorrectly issued due to the added

  • date restriction and the extra text about expiration

You should probably inform them of this and ask for the issuance of a new card.


A Niederlassungserlaubnis should not be time restricted

The usage of the text:

  • Erlischt bei Inanspruchnahme von Leistungen nach SGB II oder SGB XII.

is only meantioned in the context of self employment for a nornal resident permit.


§19a (6) Sentence 1

(6) Holders of an EU Blue Card must be issued a permanent settlement permit, if they have held a position of employment in line with subsection 1 for at least 33 months and have made mandatory or voluntary contributions to the statutory pension insurance scheme for that period, or if they furnish evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company and if the requirements of Section 9 (2), sentence 1, nos. 2, 4 to 6, 8 and 9 are met and if they have basic German language skills. Section 9 (2) sentences 2 to 6 shall apply accordingly. The period referred to in sentence 1 shall be reduced to 21 months if the foreigner has a sufficient command of the German language.


Comment from Rechtlicher Rahmen und Struktur des Aufenthaltsrechts:

Bei Aufenthaltstiteln für Selbständige (§ 21 AufenthG) findet sich gelegentlich:

  • „Erlischt mit Wegfall des Krankenversicherungsschutzes. “

oder

  • „Erlischt bei Inanspruchnahme von Leistungen nach SGB II oder SGB XII.

Sources:

  • 1
    For the expiry I asked them. They said the residence doesnt expirt but the card. And all i need is to get a new card. So I think my problem will remain now with the green paper. But thanks for the detailed reply – Pash Dec 31 '19 at 16:00

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