Dear @Mohammed89
The new law is entitled Gesetz zur Weiterentwicklung der Fachkräfteeinwanderung. It plans changes to different areas of the immigration law to make it easier for skilled migrants to come to Germany.
Part of the law refers to asylum seekers that came to Germany before 29.03.2023. It offers them the possibility to cancel their asylum application and receive a residence permit as a qualified worker. They must either already be working or have an offer of qualified work.
It is important to note that from what I’ve read, it has to be qualified employment, i.e. a job that at least requires the level of Ausbildung in Germany. Other kinds of non-qualified work will not enable someone to do this ‘Spurwechsel’.
It is also not very different to a part of the law that already exists, namely paragraph 19d of the Aufenthaltsgesetz. 19d is for people with a Duldung, qualification and job, as well as other requirements. The main difference with this new ‘Spurwechsel’ seems to me to be the fact that someone can move directly from asylum procedure to residence permit without having to leave Germany and apply for the correct visa as a skilled professional to return.
- I have outlined the requirements regarding qualification above. Presumably a certain level of German knowledge and sufficient income will also be requirements.
- You cannot apply until the law has been passed. You can then apply with your local Ausländerbehörde.
- First apply for the residence permit. Do not withdraw your asylum application without being sure that you will be issued with a permit.
- The law was passed by parliament on 07.07.2023. It just now needs to be signed into law and published to come into force. This should happen soon but I do not know exactly when.
- It is not clear to me what is different in the situation you describe. Your visa has expired and is no longer relevant for your present situation. You are at present in the asylum process and so any previous status you had is not relevant. But the new law provides exactly such a possibility to receive a permit without having to leave the country.
Here is some more information (via online translation) from the official government website:
https://***-bundesregierung-de.translate.goog/breg-de/themen/arbeit-und-soziales/fachkraefteeinwanderungsgesetz-2182168?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=de&_x_tr_pto=wapp
Best,
Éanna