Lane change asylum

A "lane change" is not relevant for recognized refugees . They receive a residence permit. However, a "change of purpose" may play a role for them, especially for people with subsidiary protection or who are only allowed to stay in Germany due to a ban on deportation.

Anyone in possession of a residence permit can obtain a residence title from the immigration authority without having to go through a visa procedure. It is therefore not necessary to leave the country.

For example, if a recognized refugee meets the requirements for a residence title as a skilled worker they can apply for this at the immigration authority. They can also hold the title in parallel to their residence permit as a recognized refugee. If the residence permit is revoked for humanitarian reasons, the residence would still be permitted thanks to the parallel title.

However, no residence permits may be issued in this way for the purpose of studying, applying to study, study-related EU internships, research and participation in the European Voluntary Service. Persons with a national ban on deportation and those enjoying temporary protection, i.e. refugees fleeing the refugees fleeing the war in Ukraine are also not eligible for an EU Blue Card Blue Card.

During an ongoing asylum procedure, a "track change" to a residence title is largely excluded. Even if there is a legal entitlement to a residence title as a skilled worker (pursuant to Section 18a or Section 18b AufenthG), a residence title may only be issued before the conclusion of the asylum procedure with the approval of the highest state authority and only if important German interests require it.

However, a "change of track" may be possible if you withdraw your application for asylum. Residence permits for skilled workers (Sec. 18a and Sec. 18b AufenthG) and persons with professional experience (Sec. 19c (2) AufenthG) are open. However, this special regulation only applies to persons who entered Germany before 29.3.2023 .

NOTE: You can withdraw your application for asylum at any time as long as the BAMF's decision is not yet final.

People with tolerated status are particularly interested in "changing lanes" as their residence status is uncertain. However, the options are limited.

If the tolerated person is in training or is about to start training, they may be able to obtain a residence permit for vocational training for foreigners who are required to leave the country. This ends the tolerated stay and the person receives a residence permit for the period of training. Prerequisites include that there is no ban on employment and that the person's livelihood is secured (2025: at least €959 per month). If the training is successfully completed, the residence permit can be extended. A mandatory requirement for this is, among other things, employment corresponding to the qualification.

NOTE: Tolerated persons who were in possession of a tolerated stay permit for training before March 1, 2024 can apply to the immigration authority to change to a residence permit for vocational training for foreigners obliged to leave the country if they meet the requirements.

If the tolerated person is in employment, they may be able to obtain a residence permit for the purpose of employment . Among other things, they will need a recognized professional or university degree or must be considered to have professional experience. They must be employed in a job that corresponds to their qualifications. German language skills at level B1 are also required. The residence permit is initially valid for 2 years and is tied to the employment relationship.