Duldung to family reunification visa

Hi there!

My spouse and I are in a bit of a desperate and complex situation with the auslanderbehorde and I am curious if anyone has had a similar experience?

My husband is Turkish, he entered Germany in march 2022, as a previous resident of Ukraine. Upon entry he was issued a temporary protection permit which was issued to all Ukrainian nationals and residents following the war.

Fast forward 12 months or so and he is issued a fiktionbescheinigung, several short term fiktionbescheinigung over the following 18 months .

He then applies for a work permit (he was already working) which then gets denied because he does not meet requirements in 2024. At that point and since then he has been issued one month duldung a for the past 16 months.

We met shortly after he entered Germany and got married last October.

Now he would like to switch to a family reunification visa, which is feasible, I meet all requirements to support him but the auslanderamt insist he applies from Turkey.

Wouldn’t mind it so much but that would require deregistering from Germany, giving up his job and insurances and being separated for appx 18 months where the waiting time for the appointment (not processing) is one year, plus 6 months for processing.

We are working with a lawyer but the Stadt has rejected the application and insists he must apply from abroad…