How to change lane in case I already working and got negative verdict on my asylum case?

Hello!

I have entered Germany in 2022 and submitted my asylum application.

February 2024 I have signed contract with German Company and still working there. Moreover I'm obtaining further qualification.

I got negative decision on my asylum case and have appeal submitted. Nevertheless I'd like to change my residence permit to be based on my employment.

What options do I have? Can I get advice on my particular case from professionals?

2 Comments

Reply (2)

Yara__Community_Manager

Hello @Serge , thank you for reaching out the @LIFE__Initiative will answer your questions as soon as possible.
Best wishes

LIFE__Initiative

Hi @Serge , thank you for your inquiry. These answers are provisional, as we do not know your exact situation and cannot give legal advice. Your question as to whether you can change your residence status during the asylum procedure is not easy to answer. You can find some general information regarding the "track change" ("Spurwechsel") here: https://handbookgermany.de/en/changing-residence-title#faq_3329. Here you can find information on the conditions under which you can apply for a "track change" ("Spurwechsel"): https://handbookgermany.de/en/changing-residence-title#faq_3330. .For a "track change" ("Spurwechsel") you must withdraw your asylum application, which is associated with many uncertainties. You should carefully check whether this is the right way to go. It is best to seek support from a counselling centre for migrants or a lawyer as soon as possible.
Another option is the ‘Beschäftigungsduldung’. If you have a "Duldung" (temporary suspension of deportation), once you have worked for about 12 months you may apply for a "Beschäftigungsduldung" (employment suspension of deportation). https://handbookgermany.de/en/beschaeftigungsduldung. Or if you are doing an apprenticeship: In the event that your asylum application is rejected and you have already started an apprenticeship (school- or company-based or "Duales Studium")”,you may be able to apply for a Tolerated Stay for vocational training (Ausbildungsduldung) (https://handbookgermany.de/en/ausbildungsduldung) or a residence permit for vocational training (https://handbookgermany.de/en/vocational-training-residence).

What can you do next?

Find more information: See the links above and https://handbookgermany.de/en/changing-residence-title#faq_3331, https://handbookgermany.de/en/changing-residence-title#faq_3345, https://life-initiative.org/wp-content/uploads/2024/12/HGT-abgelehnter-asylantrag-12-2024-EN.pdf, https://life-initiative.org/en/chancen-langfristiger-aufenthalt/
Find an advice center: https://adressen.asyl.net/ and https://life-initiative.org/en/beratungsstelle/
Find a lawyer (you will have to pay): https://bravsearch.bea-brak.de/bravsearch/index.brak (“Fachanwaltsbezeichung”: “Migrationsrecht”) and https://life-initiative.org/en/anwaltssuche/
Ask for help from a LIFE Initiative volunteer: https://life-initiative.org/en/support/

I hope this information is helpful for you.

Kind regards, Franziska

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