Can i cancel my asylum process to receive a work permit?

Question

Hi, I have been staying in Germany as an asylum seeker since 2021. I have been learning German and am currently on level b2.

Before coming to Germany, I attended the University of my country, studying Computer Science, but based on circumstances, I had to leave and come to germany. I am still in the asylum process and for the past two years of being here I have been focusing on my computer science, though i am no longer in the university, i became self-taught, and I have created many personal projects. I have a couple of job offers from companies to be their software developer as my field doesn't require a degree, but more of the skills to perform the job.

So, my question is, once I get the job, is it possible to cancel my asylum process and get a working permit, i want to be able to travel freely, i have a partner who doesn't live in the EU but based on my situation of still being in the asylum process, I am unable to travel, we have been together since before I came here and we want to start planning our future together.

Honestly, I dont want to do an Ausbildung because i have all the skills I will be taught in the Ausbildung. But just for desperation's sake, if I get an Ausbildung, will i be able to convert it to an Ausbildung permit?

My main thing is I want to travel out of here at least once to see my partner and his family and all (We are not from the same country and he doesn't stay in my country.). I really need advice on how to handle the situation. I am willing to try out anything and everything suggested. Thank you for the help.

Answer 1

Dear @Jessica27,

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

First of all, the question whether you may cancel your asylum procedure or not should be carefully discussed with a lawyer. For a first analysis of your individual situation you can contact a refugee/migration counselling office as well.

The possibility to change to a residence permit for work purposes (according to paragraph 18a/b or 19c section 2)  is very limited and many criteria have to be met. Handbook Germany writes:

"With the new Skilled Immigration Act, the opportunity for "Spurwechsels" or “changing lanes” has been introduced too– it allows individuals in the asylum procedure to switch into a residence permit for skilled workers (according to Sections 18a, 18b or Section 19c Para. 2 Residence Act). However, this option only affects people who entered Germany before March 29, 2023, to seek protection and have applied for asylum, as well as their spouses and minor children (according to Section 10, Paragraph 3 Sentence 4 Residence Act). In the future, people who meet these criteria will be able to withdraw their asylum application and instead apply for a residence permit as a skilled worker.

Please note: You should first check what chances of success your asylum procedure has. A successful case can have significant advantages for you. For instance, your stay would not be tied to a job - unlike a stay as a skilled worker. You also have to clarify whether you can actually work as a skilled worker, because foreign qualifications are generally not easily recognised in Germany. You can find out how the recognition of qualifications works in our chapter “Recognition of foreign qualifications”.

You must also note that you cannot receive a residence permit as a skilled worker during the asylum procedure; you can only do so after it. So before you make such a far-reaching decision, be sure to seek expert advice."

Handbook Germany also provide a good overview on the residence permit for vocational training after your asylum application got rejected. Please see this page for more information.

I hope this helps and all the best,

Meike