How Can Asylum Seekers Get a Residence Permit in Germany Through Work?
Many individuals who applied for asylum in Germany many years ago have been able to enter the workforce by obtaining legal work permits while their asylum procedures are still ongoing. One of the most frequently asked questions in such cases is: “I am officially working and paying taxes — can I obtain a residence permit in Germany?”. Under the Skilled Immigration Act, which came into effect in 2023, it is possible for individuals who applied for asylum before a certain date, possess the necessary professional qualifications, and are employed in a qualified job, to obtain a residence permit based on employment.
Who Can Obtain a Residence Permit Through Work?
Asylum seekers that are wish to obtain a residence permit in Germany through employment must meet the requirements set out in the Skilled Immigration Act (Fachkräfteeinwanderungsgesetz), published in the Bundesgesetzblatt on November 18, 2023, as well as in sections §18a, §18b, or §19c and section §10 paragraph 3 of the Residence Act (Aufenthaltsgesetz).
Under these sections, the most important condition is to have entered the country before March 29, 2023 and continue to stay in Germany without leaving, and for the asylum application to still be ongoing with the Federal Office for Migration and Refugees (BAMF), a court, or a higher court. For asylum seekers, the entry date is considered the day fingerprints were taken.
University or higher education graduates are considered under §18b, while those with an associate degree or vocational school diploma can benefit from §18a of the Residence Act. Those who have worked with social security for at least two years in a different field within the last five years can benefit from §19c of the Residence Act. For example, a person who graduated with a teaching degree but has sufficient experience in an office job in Turkey can apply for a residence permit under §19c of the Residence Act for this office profession.
For work-based residence, merely having an indefinite qualified employment contract (Festvertrag) or not receiving social benefits is not sufficient; the person’s legal residence period, professional qualifications, language skills, and lack of a criminal record are also considered.
What Needs to Be Considered?
Individuals who entered Germany before the specified date and wish to benefit from the new legal regulations must, in addition to meeting the necessary conditions, officially withdraw their asylum applications. This withdrawal can only be done through the Federal Office for Migration and Refugees (BAMF). A withdrawal application made to a court will not officially end your asylum process; in this case, only your case will be considered closed. If the asylum application is withdrawn only through the court, this can lead to serious consequences in the future: you may be informed that you must return to your country, and you may be asked to leave Germany and the Schengen area.
Can Those Who Obtain Residence Through This Law Travel to and From Their Home Countries?
Individuals who obtain a residence permit under Residence Act §18A, §18B, or §19C are no longer considered refugees but rather skilled workers, so there is no objection to them traveling to their home countries.
How Can Refugees Who Arrived in Germany After March 29, 2023, Obtain a Residence Permit Through Work?
Individuals who applied for asylum in Germany after March 29, 2023 can also obtain a residence permit through work. However, there is a significant difference between those who arrived before and after March 29, 2023: While those who arrived before March 29, 2023, can apply without leaving Germany, those who arrived after this date must first voluntarily return to their home country without receiving a Schengen ban. Afterward, they can obtain a German work visa from their home country and return to Germany through legal channels.
Note: This text has been prepared to provide general information about the possibility of obtaining a residence permit within the scope of skilled employment for individuals who have applied for asylum in Germany. This text does not constitute legal advice. It is important to consult a lawyer, legal expert, or professional advisor before making decisions based on your individual circumstances.
