How to apply for a work visa in Germany when you are staying there on Asylum application status? It seems really tough as Germany does not allow it in normal cases. But thanks to old and some new laws, this is possible to apply.
There are many different ways for an asylum seeker to convert the status into a residence permit. It really depends on which categories’ requirements you meet in order to get it.
“one can apply for a work visa of Germany or “Aufenthaltserlaubnis” through two mainly known ways; one old and one new one”.
Both have their own requirements and procedures as under:
1- Aufenthaltserlaubnis by way of derogation from § 5 (1) (1) and (2), a tolerated foreigner is to be granted a residence permit if he has integrated himself sustainably into the living conditions of the Federal Republic of Germany.
This regularly requires that the foreigner (asylum seeker):
- has been continuously tolerated, permitted or with a residence permit in Germany for at least eight years or, if he lives in a community with a minor unmarried child, for at least six years
- Maintains his livelihood mainly through gainful employment (works full time) or is expected in the consideration of the previous school, education, income as well as the family life situation that he will secure his livelihood within the meaning of § 2 paragraph 3, whereby the purchase of housing benefit is harmless
- is committed to the free democratic basic order of the Federal Republic of Germany and has a basic knowledge of the legal and social order and the living conditions in the Federal territory
- has sufficient oral knowledge of German as defined by level A2 of the Common European Framework of Reference for Languages; and
- For children of school age, the actual school attendance proves.
What happens when you don’t work and use social benefits? A temporary receipt of social benefits is usually harmless for the maintenance of livelihoods only in the following cases:
- Families with minor children who are temporarily dependent on supplementary benefits,
- Single parents with minor children who are unable to work according to § 10 (1) (3) of the Second Social Security Code or Foreigners who care for close relatives in need of care.
- Students at a state or state-recognized university as well as apprentices in recognized apprenticeships or state-subsidized vocational preparation measures
In which cases your visa application will be refused? The issue of a residence permit under paragraph 1 shall be refused if:
- the applicant prevents or delays the termination of his residence by deliberate misrepresentation
- by deception over the identity or nationality or non – fulfillment of reasonable requirements for the participation in the removal of departure obstacles or
Important to know
There is an expulsion interest within the meaning of § 54 (1) or (2) (1) and (2). The requirements of subsection (1) sentence 2 (3) and (4) shall be waived if the alien can not fulfill them because of a physical, mental, or emotional illness or disability or for reasons of age. (4) The spouse, the life partner, and unmarried single children living with a beneficiary under paragraph 1 in a familial partnership shall be granted a residence permit subject to the conditions of paragraph 1 sentence 2 numbers 2 to 5. Paragraphs 2, 3, and 5 apply. § 31 applies accordingly. (5) By derogation from section 26 (1) sentence 1, the residence permit is granted and extended for a maximum of two years. Deviating from § 10 (3) sentence 2, it may be granted and entitles the holder to take up gainful employment. § 25a remains untouched. On the other hand, if you are under 21 years of age and have been living in Germany for the last 4 years and have attended schooling here, you can also apply for Aufenthaltserlaubnis as per §25a.
2- Aufenthaltserlaubnis through Beschäftigungsduldung
From 1 January 2020, there will be a new law in force for asylum seekers with rejected status (Duldung). The law guarantees foreigners whose deportation is temporarily suspended (so-called “Duldung”), under certain conditions will get a reliable residence status (Beschäftigungsduldung) for 30 months if they are undergoing vocational training or are employed. After this period, under certain conditions, they will be able to get “Aufenthaltserlaubnis” (residence permit). Who can get “Beschäftigungsduldung” (the ones who are employed)? In order to get Beschäftigungsduldung of 30 months, the asylum seekers must have the following conditions met:
- Entry into Germany before August 1, 2018
- Clear identity (for example having the correct name and country on Aufenthaltsgestattung)
- Duldung status for the last 12 months
- Employment/Job of at least 35 hours per week (single parent: 20 hours per week) for the last 18 months
- Independent security of livelihood
- Proof of sufficient knowledge of the spoken German language
- No conviction for an intentionally committed crime in Germany (with the exception of crimes that can only be committed by foreigners under the Residence Act or the Asylum Act)
- No references to extremist or terrorist organizations
- Basically successful completion of an integration course, if compulsory participation exists. Actual school attendance of school-age children
The unmarried children living in a family partnership with the foreigner also receive a Duldung for the same period.
3- Ausbildungsduldung
Since August 2016 as per the 60a Absatz 2 Satz 4, if you are doing an Ausbildung of 3 years (you have Duldung status), you can apply for Ausbildungsduldiung at the foreigner’s office. Even if they say no in reply to your request, you can still appeal in court to get your right. Once you get this status, you are not deported back to your homeland. Moreover, after the completion of this program, you are eligible to get Aufenthaltserlaubnis.
4- Asylfolgeantrag
Another option is that if you have got a negative decision from BAMF and also from the court after appeal and there are new reasons or evidence (for example new medical problems, a psychological survey that did not exist before, etc.) there could be also options to restart a new procedure (Folgeantrag). This means you can once again apply for the Asylum process. This process is normally done in a faster way but you are interviewed for the reasons of your 2nd asylum application.
5- Family situation changes
If you get to marry a German spouse or someone from EU member states, you can apply for a family settlement visa. 6- Härtefall This is a special kind of way to stay in Germany even after you have got a negative decision from BAMF and also from the court after appeal. This is usually known as a “Petition” to a state parliament and the so-called ‘hardship case commission’ (“Härtefall-Kommission”). You only apply for this process if you are well integrated in Germany and are able to speak German. The process is completed in 3 phases.