Options to get a Residence as Asylum seeker with Anerkennung

Question

Hello,

Today I received my professional recognition from the "Kultusministerkonferenz". 

"Bewertung

◦ Der ausländische Abschluss entspricht einem deutschen Hochschulabschluss. Er ist vom Niveau her zwischen der Bachelor- und der Masterebene einzuordnen."

I'm an Asylum seeker with negative answer from BAMF, I'm waiting since 3 year ago and counting my first hearing at Administrative Court.

• I really would like to know, What are my option here? 
•  In which scenario Could I have a residence with my Anerkennung?
• Can I cancel my Asylum process? And apply for some residence permit?
• Do you know something about the "Chancenkarte"? 
• Can I write to the administrative court explaining my situation and maybe receive an invitation? 

Being an Asylum seeker here with two kids was very hard get this process done, as well the drive license and I can't move forward unfortunately Agentur für Arbeit denied my request to help me to pay a B2 Kurs due some law for the people arrived Germany after August 2019 or something like that and I can't afford it.

I hope you can help me, thank you.

Answer 1

Dear @lesliekbz ,

With the Anerkennung you could apply for a residence permit as a qualified worker. This is paragraph 18b of the Residence Act. You would have to find a job that requires at least a Bachelor’s degree.

If, however, you withdraw your asylum application and apply for such a permit, you will most likely be told that you first have to leave Germany and apply for the correct visa at a German embassy abroad. You would then re-enter Germany and take up employment. It is extremely difficult to change from the status of a person with rejected or withdrawn asylum case to a resident permit for the purposes of work without leaving Germany.

There is a special permit, however, for individuals who have had their cases rejected and who have a recognised qualification. This is the permit according to paragraph 19d. Here is more information about it (in English via online translation):

https://***-nds--fluerat-org.translate.goog/leitfaden/16-aufenthaltserlaubnis-qualifizierte-geduldete-beschaeftigung/aufenthaltsrechtliche-situation/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

You could, therefore, start working while still with the ‘Aufenthaltsgestattung’ paper you currently possess. Then if your case is finally rejected and you have been working for some time, you can get the permit 19d.

The Chancekarte you refer to is a new type of residence permit for a specific group of people who have been in Germany for at least 5 years, have had their asylum cases rejected and are in possession of the paper called a ‘Duldung’.

In my view, the court will not give you a quicker appointment due to your situation. Your options are to wait or to withdraw your case. You should seek legal advice if considering withdrawing your case.

The rules for B2 courses are unfortunately indeed so, that for people in your situation who arrived after 2019 it is not possible. The alternative is to **** for courses that are not organised by the state, such as ones run by volunteers in many parts of Germany. Most areas also have specific projects to help refugees to find qualified work.

Best,

Éanna

Comments

Thank you very much @mbeon-Éanna, I already talked with other immigration advisors and nobody could gave me a concrete answer at least not like you, thank you very much for you dedicated work. One last thing, like I said before I have been waiting for 3 years a hearing at Administrative Court and also I had a very bad experience with my lawyer indeed he quit for personal reasons 2 years ago, I already spoke with a few Lawyers and unfortunately always they ask for advance payments and I can't do it, I'm determined to go alone to this hearing, so during my interview at BAMF, I was denied the right to hand over the evidence of my case, which even included newspaper clippings with my photo, the interviewer simply said that he was not going to receive it and also said that it would not be taken into account. In conclusion the problem is that my former lawyer never sent such evidence to the court, , I already have everything with a certified copy by a notary and translated by a sworn translator in Germany. Could I send my evidence by mail to the court on my own? Could be possible the judge will read my documents and maybe be Could it be taken on account for my final decision? Sorry I tried to explain the context as short possible and thank you again for all, now thank you I can see the ligth!!!