Changing Asylfahren Aufenthal to Work permit !!!

Question

Hallo, I got some Information if we work 18 months in one employer (not qualified job) that we can change asylum application to Work visa. If it’s correct please kindly answer to me below questions,,,,

1. If it’s so what are the documents that I need to handover to Amt?

2. What is the applicant that I need to ask from Ausländer Amt?

Really appreciate your response!!! Thanks

Answer 1

Dear @Lovewithme,

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

I answered a similar question here before as well as my colleague Éanna in this thread - you may want to check it.

There are very strict requirements for "changing the track" from a pending asylum application to a residence permit for skilled workers as well as workers with "adequate professional knowledge".

Handbook Germany is providing a very goos overview on this topic (in various langauges). They write:

"If you have submitted an asylum application and a final decision has not yet been made on it, you can change track under certain conditions. This regulation also applies to spouses and minor children (according to Section 10, Paragraph 3, Sentence 4 of the Residence Act). You can withdraw your asylum application and change tracks if you meet the following requirements:

• The asylum application must have been submitted by March 29, 2024.

And

• The asylum application has not yet been "irrevocably rejected".

And you are

• either a skilled worker with recognised vocational training or a university degree (§§ 18a and 18b Residence Act)

• or you are considered a person with "extensive professional knowledge" (§ 19c, Para. 2 Residence Act)

Caution: Only people who meet the strict requirements can benefit from this option. Before making a decision, be sure to get expert advice, preferably from a lawyer. Don't risk losing your chance of a residence permit by withdrawing your asylum application too quickly. Changing track can help you get a residence permit more quickly. But you will also receive protection status and a residence permit with an approved asylum application. You will lose this option if you apply for a track change. This is particularly important if you want to switch according to § 19 c– in this case, you should definitely seek prior approval from the Immigration Office. Keep in mind that they can issue you this residence permit, but they do not have to."

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike 

Comments

Yes if it’s doing so what are the documents that I need to present at Immigration?

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Dear @Lovewithme, 

In general, you have to submit the documents which are required for the respective residence permit you are applying for. These can also vary among the different authorities. 

But as an example you may see this one for the residence permit according to section 18a (Berlin): https://service.berlin.de/dienstleistung/305304/en/ 

This page for the one according to 18b (Berlin): https://service.berlin.de/dienstleistung/329328/en/ 

And these documents for the residence permit acc. to 19c Para. 2 (Nuremberg): https://***.nuernberg.de/internet/auslaenderbehoerde/aufenthaltstitel_mit_ausgepraegten_berufspraktischen_kenntnissen.html 

To be sure, you need to check the information of your immigration office or contact them directly. Don't forget to consult an expert before making that important decision regarding your asylum application. 

I hope this helps! 

All the best, 

Meike