Asyl spurwechsel

Question

Dear Esteem Community and Advicers,

I would like to inquire about "Asyl spurwechsel" I came across several news outlets that the new law has been approved that asylum seekers who submitted his asylum application before March 29, 2023 and have a job offer or already working will now be able to change lane and apply for a residence permit.

I would like to get your advice with adequate information regarding the process and the procedure for applying the residency.

1. What are the requirements?
2. When and where to apply?
3. Do I have to withdraw my asylum before I should apply or I can apply for the residence permit separately then when it's approved I withdraw my asylum request?
4. Is the new law in force, if not When will it be probably be effective?
5. Incase I came with a Visa and sort protection "Asyl" before my visa get expired and now with the new law saying you can change your purpose of your visa within Germany when for instance you have a job offer without leaving and return, would that also be possible that I withdraw my asylum and since I came in legally and then apply for a residence permit for the purpose of job?

I will be very much grateful if the team will categorically explain the "Asyl spurwechsel" and highlights more on the points above. Which hopefully could help many in the community and beyond. Thank you for your Voluntery service, it's well profounded!

Comments

Eine frage bitte, ohne Qualifikations kann ich Diese Gesetz bewerbung.

Ich habe nur Arbeit und sprachkenntnise?

Ist das geht?

Ich hoffe, auf eine positive nachricht.

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Sehr geehrte Damen und Herren,

Éanna hat bereits deutlich gemacht, wie Sie unten lesen können, dass es nicht möglich ist, sich zu bewerben, außer mit dem Skills Speciality.

Sprache allein kann bitte nicht oberflächlich sein!

Ich wünsche uns allen einen erfolgreichen Ausweg aus der Vorhölle der Komplexität des Asyls.

Answer 1

I am also waiting for proper answer on this

Comments

O yes! Fingers crossed, it's seems the community and the expert are a bit silent to comments or drop some enlightenment on that...let's hope for clarifications!!!

Answer 2

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.

1. I have outlined the requirements regarding qualification above. Presumably a certain level of German knowledge and sufficient income will also be requirements.
2. You cannot apply until the law has been passed. You can then apply with your local Ausländerbehörde.
3. First apply for the residence permit. Do not withdraw your asylum application without being sure that you will be issued with a permit.
4. 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.
5. 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

Comments

Hello Eanna,

Thank you very much for your effort and vivid explanation I am super grateful. One more thing I forget to ask is that does the so-called "Asyl Spurwechsel" eligible for the Blue Card as well? and the salary threshold indicated for the new fachkraefteeinwanderungsgesetz include occupations of shortage of qualified personnel eg. engineers, natural science and IT? or this amount of Euro 3,500 does not applied to them?. Since it has been indicated when having a two years work experience anerkennung is not required? in my case, I am working in such occupation for over a year and my job doesn't require recognition as it's comparable to DE Degree.

Base on your explanation to my Understanding the Residency will come in a form of (19d not 18b)?

I am Looking forward to read from your generous guide. Thank you alots and Best Regards!

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You're welcome. Yes, the Blue Card will also be possible. The salary threshold will be lowered to about 58,400 (in the occupations where there is a shortage about 49,580). To my knowledge the only sector where it is possible to get a Blue Card without a formal qualification is in IT (if the person has experience).

The reisdency permit will be according to 18b.

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Good Morning Éanna,

I would like to ask a further question for the Spurwechsel, when applying at the Auslanderamt is it the section of Skills immigration is to be contacted or the normal section of those handle the Aufenthalgestattung and the Duldung.

I am asking in other no to make a mistake while sending application or writing to the skills section and wait or no response as getting appointment with Auslanderamt is complicated. Your guide will be very much appreciated. Thank you very much.

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You apply with the section for skilled immigration. Your application is for a resident permit as a skilled immigrant and therefore the asylum section (Aufenthaltsgestattung and Duldung) is no longer relevant.

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Alright Éanna, Thank you so much for the profound information. I have seen another statements online regarding another new regulations which was approved on the 16.November.2023 that's a week ago regarding the "lane change" does that make any different changes from the answer/requirement you already explain above? if so could you please give us more clarity on the legislative approval on the change lane for asylum seek that was recently deliberated on the 16.11.2023? we will be glad for your support. Thank you.

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I have read some summaries of the decision made to pass the law on 16.11.2023 and I do not see any new changes that affect the situation you outlined in your case.

The main issues seem to be around the deadline of March 29th 2023 and the fact that those who enter Germany after this date cannot benefit from the lane change (Spurwechsel).

Here is an overview of the main changes to the law on skilled foreign workers that came on 16.11.2023 (in English via online translation):

https://***-der--paritaetische-de.translate.goog/alle-meldungen/fachkraefteeinwanderungsgesetz-erste-aenderungen-in-kraft-getreten/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

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Good Afternoon Éanna,
Thank you for your usual support on this platform.

I came back on this thread of this Spurwechsel. We have now learn the law has being brought forward and it's in force now with some little changes.
It was published under Federal Expel something like that which is under asylum law not under the Fachkräfte. This confused us much on where to submit the application for the Spurwechsel, will it be submitted to the Normal section for Asylum Seekers and Refugees or still again to the Skills worker section.
We are still concern that the skill worker section may not attend to asylum seekers which they hardly response to emails nor answer calls in particular since it has to do with date line for the Spurwechsel then it will be catastrophic for the Skill workers section to deal with it in good time.
We will be much grateful if you could shade more light on the New Development regarding this matter.
Thank you and stay safe and Happy.

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Hi @Mohammed89 

Yes, the changes were made under piece of legislation called the Bundesvertriebenengesetz (Federal Law on Displaced Persons) but the legislation itself made changes to the main immigration law, the Aufenthaltsgesetz. 

The relevant section is article 10 of the Aufenthaltsgesetz, where this special rule to enable a Spurwechsel was introduced under section 3: 

https://***.gesetze-im-internet.de/aufenthg_2004/__10.html 

I cannot say how each Ausländerbehörde will organise which department will process such applications. As I wrote before, the permit that will be issued is one related to skilled workers and I would expect that department to process them. They may, however, find it makes more sense to handle these cases in the asylum department before then transferring the case to the skilled workers section once approved.