Can I change my residence permit from subsidiary protection to blue card?

Question

Hi dear Wefugees community, here is my story. When I arrived Germany I came as a student. After a year and half I applied for asylum and it was rejected and I received the subsidiary protection status. So I continued my master`s studies with this permit. Recently I finished my master`s degree in computer science and I also got a permanent contract as a software developer. Based on the previous information I fullfill the blue card requirements. The question is can I apply for a blue card? If so what is the requirements do I need to tell the BAMF that I no longer need the subsidiary protection? Is it worth it to do so? What is the best legal advise that you can give in this case. 

Note: I did not receive any form of financial support from the Job Center "I am not even registered in the Job Center" I was working as student while studying.

I will be gratefull to your answers.

Answer 1

Dear @nakhgh,

It is not possible for you to change from a permit of subsidary protectuion to one of Blue Card. This is governed by paragraph 19f of the Residency Law:

https://***.gesetze-im-internet.de/aufenthg_2004/__19f.html

It states that a Blue Card (paragraph 18b section 2) cannot be issued to someone with subsidary protection.

However, it may be possible that you now or in the near future are entitled to permanent residency, especially as you say you were working while a student. The time spent as a student and the time spent in the asylum procedure are counted it towards the five years residency you require in order to obtain permanent residency (Niederlassungserlaubnis).

Here's some more information about this:

https://handbookgermany.de/en/permanent-residence

Best,

Éanna