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I have entered Germany in June 2023 as asylum seeker . In April 2024 I have my bachelor degree in Mechanical engineering recognized by ZAB. In August 29th, 2024 my asylum application was rejected and I have appealed against the decision. in September 2024 I have started a job as a mechanical engineer in an engineering office. I have B1 certificate. Currently I have an 'Aufenthaltsgestattung 'My question is that, is it allowed to me to apply for a residence permit due to this job?
asked Oct 6 in Asylum proceedings by User2010 | 684 views

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Dear @User2010,

Welcome to the Wefugees Community and thank you for your question.

There was a new law introduced just this year which offers asylum seekers that came to Germany before 29.03.2023 the possibility to cancel their asylum application and receive a residence permit as a qualified worker (according to  § 18a/b or § 19c (2)) . They must either already be working or have an offer of qualified work. 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’. We discussed this topic also here.

I am not a lawyer but as far as I understand, people who came to Germany after this date would need to leave Germany and apply for the correct visa as a skilled professional to return. Handbook Germany is also providing good information on this. At the Berlin immigration office's website you find an exemplary overview on the requirements for a residence permit according to section 18b ("Residence permit for qualified skilled workers with an academic education").

Do you agree with my explanations, dear @mbeon-fardeen or @mbeon-Éanna?

I would highly recommend you to get support by a lawyer or a refugee counselling office regarding the next steps.

I hope this helps and best,

Meike

answered Oct 9 by Meike
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