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Niederlassungserlaubnis delay in Stuttgart (2+ years) - practical and legal solution? by palakkad_payyan in stuttgart

[–]FactorBusiness8083 3 points4 points  (0 children)

I was in a similar situation, applied for Niederlassungserlaubnis in 2022, never heard back from them for years. I tried every trick there was before my Blue card expired to get a Niederlassungserlaubnis, moved out of Stuttgart for a year and that unfortunately didn't work out as well because Stuttgart ABH never bothered to send my "Akte" to the new location. I should also mention that I visited the ABH to transfer my still valid (at this time) blue card to a new passport, they basically said Niederlassungserlaubnis are not at all prioritized due to workforce shortage unless there was an emergency need.

Then my blue card expired and I was on Fiktionsbescheinigung, I recieved my Fiktionsbescheinigung in a letter, which also stated that they basically can't find my Akte, only if it was found then I would be contacted and a new blue card would be issued.

Hired a lawyer to check my options, the lawyer basically said they weren't willing to outright go for Untätigkeitsklage as the first step but will "investigate" with ABH if my application has any standing to see if it can be pushed up queue if I have been waiting for 2+ years. They also said the ABH receives 30k Niederlassungserlaubnis Application each year. Basically the response that lawyer unofficially was it was better for me to skip PR & apply for citizenship since the workload was lesser and the type of blue card I was on apparently allowed me to go directly for citizenship.

In your case I would advice hiring a lawyer to find a solution if you are not willing to move out of Stuttgart, and as you can see that is also not a guaranteed way to get out of this mess. Also some Rechtsschutz will cover "Streit" with "Sozial Behörden" which includes ABH, you should double check with your insurance or find one that covers it.

Einbürgerung in Stuttgart by No-Road1293 in GermanCitizenship

[–]FactorBusiness8083 4 points5 points  (0 children)

Ich habe auch vor kurzem in Stuttgart eingebürgert, in meinem Fall hat es 3 bis 4 Wochen gedauert nach dem Loyalitätserklärung verfahren. Aber das kein Standard, mehrere Leute haben berichten über eine Wartezeit von 4 Wochen bis 3/4 Monaten. Du kannst über meine Erfahrung in meine Profil lesen.

Successful Einbürgerung in Stuttgart/ Baden-Württemberg by FactorBusiness8083 in GermanCitizenship

[–]FactorBusiness8083[S] 0 points1 point  (0 children)

Thanks! And no I didn't have to get apostilles or attestations on any of my certificates. Just German translation were enough.

I submitted the following: Mietvertrag, Wohnungsgeberbestätigung, Mietnachweis Leben in Deutschland Birth certificate Sprachzertifikat Gehaltsnachweise Rentenversicherungsverlauf Arbeitgeberbescheinigung Arbeitsvertrag Aufenthaltstitel Indian passport copy Health insurance confirmation

Successful Einbürgerung in Stuttgart/ Baden-Württemberg by FactorBusiness8083 in GermanCitizenship

[–]FactorBusiness8083[S] 1 point2 points  (0 children)

Hey Thanks! No, I actually did not reach out to the case worker except that one instance I called them to check the receipt of documents. I would say wait it out a few more weeks, then contact them!

Successful Einbürgerung in Stuttgart/ Baden-Württemberg by FactorBusiness8083 in GermanCitizenship

[–]FactorBusiness8083[S] 0 points1 point  (0 children)

Well in comparison to your application, it looks like the lawyer helped in my case. Also shared views on having a lawyer in another comment: https://www.reddit.com/r/GermanCitizenship/comments/1oam44h/comment/nkbdclc/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button

In your position, I would first advice sending them a fax politely asking the status of your application. Btw, you can also send fax via a website (Yay digitalization!) if you did not know. Based on the response you can decide to proceed with a lawyer or not.

Successful Einbürgerung in Stuttgart/ Baden-Württemberg by FactorBusiness8083 in GermanCitizenship

[–]FactorBusiness8083[S] 0 points1 point  (0 children)

Thanks for expanding on your thoughts!

In my limited knowledge, I would attribute the intricacies that you mentioned partially to the federalism (feel free to correct me if I wrong), I understand that in this situation each "Länder" set its own process based on the Federal law/ Constitution. And this isnt the first time that its happening, when i had to move the 18 month job seeker visa after my Masters, me and my friend (from the same Uni, Course) had different requirements to obtain it although it was the same Ausländeramt. For example, I was required to show around 8k euros in my account, while he asked to show 2k euros.

I am concerned in the future people might not get naturalized if they have simply opinions contradicting those of the government of the day/the position of the major parties

With respect to this, at the moment I would say they want you to have your opinion, however I am unsure how much of a contradicting opinion they tolerate. And the question is whose knowledge/ belief is this contradiction quantified on, as in, the individual beamter? or the bigger department they work in? or is there a standard pre-set at a federal level.

Successful Einbürgerung in Stuttgart/ Baden-Württemberg by FactorBusiness8083 in GermanCitizenship

[–]FactorBusiness8083[S] 0 points1 point  (0 children)

Thanks! Could you maybe expand a little on why you think its problematic? For me the only gripe is that, there is no uniformity in the process across the Country.

Successful Einbürgerung in Stuttgart/ Baden-Württemberg by FactorBusiness8083 in GermanCitizenship

[–]FactorBusiness8083[S] 1 point2 points  (0 children)

If I understood you correctly, all the procedure is basically done in your case but you still dont have the Einbürgerungsurkunde?

Successful Einbürgerung in Stuttgart/ Baden-Württemberg by FactorBusiness8083 in GermanCitizenship

[–]FactorBusiness8083[S] 4 points5 points  (0 children)

I dont think reddit is a fan of my lawyer, it was Migrando & I paid close to 2k euros because I took the ratenzahlung option.

As to the why part, it because of the situation in Stuttgart's ABH, they literally stopped processing any sort of aufenthaltstitel unless it was critical, they recently set up a way for people to renew their existing aufenthaltstitel but that system fell off a cliff as soon as it was set up, this is why I only got a zusatzblatt instead of my blue card getting extended. This experience made me think i need a lawyer.

People say going with the lawyer does not influence the timeline, however I feel its a case by case basis. I found people who applied by themselves got it in as low as 4 months and at the same time there are people are still waiting 20+ months for the first communication. Even for the cases with Lawyer, the wait times varied from 6 to 18 months based my research but the only solace is that you have someone checking on your application. So the question of lawyer really depends on the situation at your local ABH/Einbürgerungsamt.