Former Au-Pair stuck on Duldung - Can she switch to an Ausbildung visa without leaving Germany?
Hello everyone, I am looking for some advice regarding a friend's visa situation. 🚨
She was in Germany on an Au-Pair visa which expired on June 30. She could only get an appointment with the Ausländerbehörde (ABH) for a date after June 30.
At the time of her appointment, she had a signed employer contract for an Ausbildung starting on October 1, but she did not yet have the registration contract from the vocational school (Berufsschule). Because her Au-Pair visa had expired and her application for the Ausbildung was incomplete, the ABH issued her a Duldung and gave her two weeks to submit the school contract.
She managed to get the school contract within those two weeks and submitted it. However, when she went back to the ABH, they told her that because she is now on a Duldung, she cannot change her residence status from within Germany. They instructed her to travel back to Nepal and apply for an Ausbildung visa from the German embassy there.
My questions for the community:
Is there any legal loophole or exception (perhaps under § 39 AufenthV) that allows her to switch from a Duldung to an Ausbildung visa (§ 16a AufenthG) without leaving the country?
We read about the Ausbildungs-Aufenthaltserlaubnis (§ 16g AufenthG). Could she qualify for this?
If returning to Nepal is truly the only way, what is the fastest procedure to ensure she gets her visa in time for the October 1 start date?
When she travels back to Nepal will the border police mark or stamp anything negative in her passport indicating that she was on a Duldung? Will she face any problems or interrogations at the airport during her departure?
Will having had a Duldung negatively affect her new visa application for the Ausbildung when she applies at the German embassy in Nepal?
Any insights or similar experiences would be greatly appreciated.