Dear Team, I Asylumseeker who has Aufenhaltsgattung. Current on Ausbildung 2nd year which I am doing 3 year Ausbildung. Today I had Ausländerbehörde appointment. When I ask them can I change my aufenthalgestatung to Aufenthaltstitel at the end of 3 year Ausbildung she said no I can't because I am Asylum seeker. But I had many advices from many organizations they said it is possible. In the Ausbildung section I have more than 5 years experience too. Previous experiences not in Germany. Can anyone guide me to proper path way. Even Handbook Germany has path guidelines.
asked Sep 15 in Asylum proceedings by Coop
Hello Coop, thank you for contacting us again with your question! I link our expert @meike and as well @mbeon-gabriele. I'm sure we'll find an answer soon. With kind regards Saskia

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3 Answers

+1 vote
Best answer

Hi @Coop,

As long as your asylum case is ongoing, you cannot change to a residence permit. Once you finish your Ausbildung, you can then work while still having the Aufenthaltsgestattung. You have to get permission from the Ausländerbehörde for each job you do while having an Aufenthaltsgestattung.

Alternatively, once your Ausbildung is completed, you can cancel your asylum application and apply for a residence permit according to paragraph 18a of the Aufenthaltsgesetz. This permit is if you have completed an Ausbildung and found a job in that sector. I would advise you only to cancel your asylum application once your Ausbildung is complete, you have a job, and have sought additional advice from an expert organisation (e.g. your local refugee council ‘Flüchtlingsrat’) or lawyer. This can help you decide whether it is worth your while to remain in the asylum process while working or to change to a work permit according to 18a.

Best,

Éanna

answered Sep 16 by mbeon-Éanna
We worked on an answer at the same time again ;-) But I think we come to a similar conclusion, right?

Best,

Meike
I think this id tje correct answer. Thank you everyone for quick response.
+1 vote

Dear @Coop

Welcome back to the Wefugees Community and thank you for reaching out to us. 

Are you talking about an “Ausbildungsduldung” (which is technically still a Duldung and not a residence permit)? I not really understand yet why you want to change your legal status for the time being. The most important thing currently is that you finish your Ausbildung. As long as your asylum procedure is still pending, the authorities can not ask you to leave the country. In case you will receive refugee protection (positive decision by the BAMF), you will get a residence permit anyway. In case you will get rejected, you still have the option to apply for an “Ausbildungsduldung”. I can not think of a realistic option for you to receive a work related residence permit in your current situation. The authorities may also ask you to apply for a respective work visa at the German embassy in the country of your origin.

However, please don’t hesitate if I misunderstood your situation or if you have any further questions. 

All the best, 

Meike

answered Sep 16 by Meike
0 votes
Dear Coop, im not an expert I have to say, but what I find out during my first research was that: Once you have successfully completed your Ausbildung, you can stay in Germany for up to twelve more months to find employment that matches your Ausbildung. This requires a residence permit to search for a job § 20 Abs. 3 Nr. 3 AufenthG. You can apply for this at the foreigners authority responsible for you. Here is the Website I have the Information from, but maybe you know it already? https://www.make-it-in-germany.com/en/visa-residence/types/training Perhaps our experts have something to add. I hope of course that everything works out and wish you all the best! With best regards Saskia @meike and @mbeon-gabriele
answered Sep 15 by Saskia Wefugees
Hi Saskia, thank for kind assistance. However that is applicable who ever applying for Ausbildung. In my case I am Ausbildung + Asylum seeker who holds Aufenthalgestatung. Therefore I guess answer might be different for me.
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