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Hello all, I try to describe my situation in detail. My asylum-procedure had been closed on last Sept 2019 from the court with negative result. in Meanwhile i already started my masters education at uni, on Oct 2018 and will finish my education Sept 2020. After my asylum-procedure is completed Auslanderbehorde changed my residence-permit into duldung. Now i am looking for interviews to find a job with my profession. Now questions are raising in my mind. If i got a job i need have to go auslanderbehorde for work-permit, and they will ask me for passport (I did not have any yet) , if I able to gave them there will be a risk of deportation. I want to ask now, is there any legal way to ask for residence permit through education? like ausbildung rules? is there any legal way to debate auslanderbehorde to ask a residence permit and job permission without leaving germany border? In any way I dont want to leave Germany border.
asked Apr 1 in Legal advice by Aug

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1 Answer

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Dear @Aug,

welcome at the Wefugees community and thank you for sharing your question with us.

As you already mentioned, your degree might significantly alter your options. You can apply for a residence permit for qualified individuals for the purpose of employment according to § 18 a Residence Act.

The passport must be shown if you formally apply for this kind of residence permit. There are several further prerequsites to comply with:

  1. The Federal Employment Agency must approve your application. I
  2. You must have sufficient living space.
  3. Your German must be at least on the B1 level
  4. Your livelihood must be secured mainly through your income.
  5. You must not have prevented your deportation by deception or lack of cooperation
  6. And, of course, there were no criminal offences and ties to extremist or terrorist organisations.
I hope my answers were useful for you and I'll be very pleased if you contact me again with further questions. I'm a member of the mbeon-staff and I‘ll be glad to guide over a longer period of time. mbeon is an online advisory service for migrants via the mbeon-app, which you can install on your smartphone for free. Download it via Google Play Store (https://play.google.com/store/apps/details?id=de.zone35.mbeon) or the App Store 
(https://apps.apple.com/de/app/mbeon-messengerberatung/id1408795643). 

You'll find me in the mbeon-app under my name „München, Frau Müller“ and get confidential one-to-one advice in a safe virtual room where nobody can read messages. For more information please visit www.mbeon.de.

Best regards

mbeon-Christine

answered Apr 1 by mbeon-Christine
Thank you for quick reply.
To apply this application , first of all I need have to get a work permit from auslanderbehörde. Without having a job or a permission for a work I cant fulfill prerequisites (renting house, securing my livelihood with my income). It is clear that the auslanderbehörde ask for passport to give a permision for a work, but after I gave them I don't have any guarantee they wont deport me? How can I trust them, in case article 18a can be done only after prerequisites got fulfilled. So my main concern is, is there an article that would help me granted to get work permision without leaving germany after i handover my passport?? thanks.
Hello again @Aug, I recommend you to involve them in your plans to apply for a residence permit according to the new experts immigration law. They already gave you a Duldung so that you can finish your studies. Why should they deport an expert after finishing his MA here? As far as the prerequisites are concerned - you have to meet them only when you've found your job. Most important here is the salary - if it is high enough so that earn your living, everything will be o.k. If you want to learn more about the brandnew law, take a look at this site: https://fachkraefteeinwanderungsgesetz.de/ (in English). And if you have furter questions, just drop a few lines. Best regards mbeon-Christine
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