How can I stay in Germany after my rejection?

Question

Hi everyone,
I have recently rejection from Bamf for my Asyl right and now I making “Klage”, my question is how can I stay in Germany even if they don’t accept me objection?!
I found work with full time, made integration course and I have the green light to go on in “Anerkennung” to be official Pharmacist in next year if I succeed the exam.
I build again my life here and I don’t want to lose it! Please help me.
I live in Köln
Thanks for your help

Answer 1

Hello @Lay

Thank you for your question and welcome to our community!

If your asylum procedure ends with a negative result then you might get a “Duldung”. That means that you are allowed to stay in Germany because there are reasons why you can’t get deported back to your home country (e.g. danger of life/persecution).

Unfortunately neither your job nor the finished integration course nor the “Anerkennung” will grant you a residence permit.

The only exception from this rule is if you start an “Ausbildung” (apprenticeship/vocational training), you can get a so-called “Ausbildungsduldung”. That’s a “Duldung” that allows you to stay for the duration of the apprenticeship and the following two years (or longer) if you find a job in a related field.

Best regards,
Thorgen

Comments

Thank you for your details answer, so even a lower can’t make that ? With unbefristet Arbeitsvertrag und Anerkennung als pharmacist which Germany need more than 100000 pharmacists according to last report I read.

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Hello @Lay - the problem in your case is that your qualification and job is not directly related to your asylum application. If you apply for asylum BAMF only checks if your life is in danger in your home country or if there is other threads that build ground for refugee protection by the German state. They want to avoid that people use the asylum procedure as a tool to enter the labour market.

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There is other ways of “legal” migration for skilled workers. You will find extensive information about this topic on the website of BAMF: ****://***.bamf.de/EN/Migration/Arbeiten/BuergerDrittstaat/buerger-drittstaat-node.html In addition I will upload a booklet issued by BAMF that summarizes the most important information about this topic. Best regards, Thorgen

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(Since I can't add files to a comment I just edited my answer above and attached the PDF)

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Hallo Thorgen,
Thank you so much for all these information, the problem I have real problems and my life in danger in Iraq, so I search every possible way to stay here. If my life not in danger I will stay in Iraq because I have better income and better social place than here. The people how work in Asyl cases decided according to restricted informations which is not always the truth and asking always for papers which we don’t use in my country.
I still have a chance in the court because of the objection I made.
Just for the information, if Someone ask for Asyl right and he didn’t take it, he can’t return to Europe Union for 5 years in any way.
Best regards
Layth

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Hello @Lay - I believe you that the situation in Iraq is so bad for you that you can’t return there. Unfortunately decisions by BAMF and the underlying criteria that the decisions are based on aren’t always comprehensible. Even though Iraq isn’t anywhere close being pacified people get denied refugee protection and deported (e.g. statistics say that asylum applications by Iraqis had a success rate of 56% in 2017). I’m sorry that I can’t really help you right now. Still I wish you all the best for the future. Best regards, Thorgen

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Hello @Thor
No, you already helped me to understand the German law. Thank you so much for your help.
I wish you too all the best
Have a nice evening
Layth

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Hallo@Lay one last possibility if anything else goes wrong is the so called "Härtefallkomission" that is a commitee that exsist in every federal (Bundesland) , they check if anything else has gone wrong again if there are humanitary reasons or other reasons for a person to stay

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Hallo @Ginny,
I hope I get my Asyl right after the objection but man must be prepared for worst scenario!
Thank you for your precious information, can you please explain to me what is (Härtefallkomission) ? And how I get them if something bad again happened? I live in Nord Rhine-Westphalia.
Have a nice evening
Layth

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Hallo@Lay

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a "Härtefallkomsission" is related to the Bundesland and it is a group of people who check if there is a reason to let yout stay in Germany ( like having a job, good integration..) that is the difference to the decision of the BAMF they do not check the situation in your home country but your situation here, for the details of the procedure I would recommend to contact the "Flüchtlingsrat Nordrhein westfalen(***.frnrw.de) greetings Ginny

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Hallo @Ginny,
Thank you so much for your help, I will check it soon.
I wish you all the best
Best regards
Layth