Changing Residence Title and Purpose of Stay

In residence law, the term "change of purpose" („Zweckwechsel“) means that you can change the purpose of your stay in Germany. This regulation allows people to change their residence status, usually from one type of residence to another. For example, a "change of purpose" can mean that a person who entered Germany as a student with a student visa has the option of changing their residence status in order to work in Germany. They would then switch to a residence permit as an employee. You can find more information and additional examples below. To see whether this makes sense in your individual case, you can seek advice.

In principle, you must always have entered the country with a corresponding visa (see Section 5, Paragraph 2 of the Residence Act). This means that the purpose of the visa must correspond to the purpose of the stay. It is always advisable to apply for a residence permit for the purpose for which you entered the country after entering the country. That means, if you have received a visa as a student-to-be, you should apply to the Immigration Office for the corresponding residence permit for studying after entering the country.

If you then meet all the requirements for a different residence permit and would like to switch, you can apply for a "change of purpose" („Zweckwechsel“) at the Immigration Office. That could be the case, when, for instance, you have a residence permit to study but meanwhile got married in Germany or found a job, etc.

Please note: In many cases, you must expect to undergo the visa process for the new purpose of residence, meaning you will have to travel back to your home country and apply for a visa from there. That depends on the purpose of entry and stay, the personal conditions of the individual and the common practice in the respective Immigration Office – so it is often handled differently.

Some types of residence are easier to switch between—for example, switching to a skilled worker residence permit—but some others are more challenging. 

With some types of residence, a change of purpose is blocked and effectively not possible. For example, switching from an ongoing asylum procedure to a permit for entering the job market is blocked, meaning that it is fundamentally impossible. However, according to the new law, certain people should be able to switch to a residence permit as skilled workers if they withdraw their asylum application. You can find out more in the "track change" („Spurwechsel“) section.

The GGUA Refugee Aid has created an informative table on “Zweckwechsel” which provides an overview of what changes the new regulations allow without you having to go through a visa procedure again. Please note that at the end of the day, there is no guarantee and the decision always depends on the individual case.

You can find the overview table here. This is how you should read the table according to the colours:  

• Red: A change is legally not possible.

• Yellow: A change is normally not possible, but can be made possible in exceptional cases.  

• Green: A change is possible, but in many cases is at the discretion of the Immigration Office.

Important: Be sure to seek advice from a reliable counselling centre or local lawyers. If you still see no other option and actually have to go through the visa process, try to get some kind of advance approval from the Immigration Office before you leave– try to have them confirm that you will receive the desired residence permit if you undergo the visa process.

Since November 18, 2023, there have been new rules concerning skilled workers with recognised vocational training certificates (Section 18a of the Residence Act) and skilled workers with recognised higher education degrees (Section 18b of the Residence Act). These rules now apply as so-called “Anspruchsnormen” or entitlement standards. That means that if your qualifications are recognised, and you meet the requirements, you will be issued a residence permit. The changes in the law have made it easier to obtain a residence permit under §§ 18a or 18b Residence Act. It applies, for instance, to people with recognised qualifications who are allowed to stay in Germany without a visa (e.g. because they have a residence permit in another "Schengen state").

Good to know: Under the new regulations, residence permits apply to any qualified employment. Qualified means that a minimum of two years of vocational training is required. Additionally, this training must be recognised in Germany. The salary must also be sufficiently high. There no longer needs to be a formal connection between the training and the employment, meaning you can also pursue other qualified work.

If you plan to work as a skilled worker in Germany, you should apply for a corresponding visa before entering the country.

If you enter Germany on a visitor visa and then find a job as a skilled worker after entering the country, you can try to apply to the Immigration Office for a residence permit as a skilled worker. However, please note that the processing time usually takes longer than your permitted stay. You will then have to leave the country, and will no longer be granted a residence permit.

Also, keep in mind: If you had contact with the employer for the job before you arrived in Germany, you will be told that you should have applied for a corresponding visa before arrival.

Good to know: If you are on a short stay without a visa, you can, under certain conditions, receive a so-called "Fiktionsbescheinigung" from the Immigration Office. That is a temporary residence permit, valid until a decision is made on your application. However, this only applies if you are a citizen of Australia, Israel, Japan, Canada, New Zealand, South Korea, the United Kingdom or the USA - and if you are therefore not obliged to complete the visa process.

You can find additional information on residence as a skilled worker in our chapters “National Visa Type D” or “Visa for skilled workers”.

It is normally not possible to extend the Schengen visa. There are only a few exceptions in which a Schengen visa can be extended as a national visa, the requirements for which are very strict. This can be the case if leaving the country is not possible for humanitarian reasons (e.g. illness) or force majeure conditions (lack of travel connections, armed conflicts)  according to Section 6, Paragraph 2 Sentence 2 of the Residence Act. However, the Schengen visa can also be extended as a national visa for major personal reasons or to protect political interests.

Please note that these exceptions are made very rarely, and it’s advisable not to expect them.

No. According to Section 39 No. 3 of the Residence Ordinance, without a visa procedure for a student visa, you cannot switch from a Schengen visa or a visa-free short stay to a residence permit for studying (as per Section 16b of the Residence Act). You can find more information about studying in Germany in the chapter “Visa for Students”.

Yes, that is possible– and it is known as the “simplified change of purpose”. This means that you can change your training place if you inform the relevant Immigration Office and they agree. Please note, however, that special regulations may apply to certain specific training courses, e.g. training to become a speciality chef (Section 19 c Paragraph 1 of the Residence Act). You can find more information about training in our chapter “Visa for Vocational training”.

Yes, you can now switch from a student residence permit to almost all other employment residence permits.

There is one restriction (according to Section 16 b Paragraph 4 of the Residence Act): if you want to switch residence permit before completing your studies, you cannot switch to certain temporary jobs, for instance, au pair, voluntary service, speciality chef, or language teacher, according to Sections 10-15 of the Employment Ordinance. However, you can switch to all other work-related stay permits if you and the job you are seeking meet the respective requirements. The same also applies, for example, if you quit your studies.

Please note: For all changes in the purpose of residence and especially in the event of discontinuing your studies, you should apply for a residence permit for work purposes while you are still studying (and hold a valid residence permit) and meet the requirements. You should, therefore, already have an employment contract before applying. Otherwise, you risk a gap in your legal residence and may be obliged by the Immigration Office to leave the country. 

Since November 2023, If you are a "recognised refugee" or have subsidiary protection status, you can obtain an EU Blue Card– a residence permit issued for skilled workers with a recognised university degree. To obtain an EU Blue Card, you need a job offer that corresponds to your qualifications. And the expected salary must be high enough. You can find out more in the chapter "EU Blue Card".

Yes. You can apply for a different residence permit if you meet the requirements. You may, for example, apply for a residence permit as a skilled worker (according to §§ 18a, 18b Para. 1 Residence Act) or as a trainee (according to § 16a Residence Act).

Please note: There is a ban (according to § 19f according to § 19 f Para. 1 No. 1, Para. 2 No. 2, 3 Residence Act) on switching residence permits for those who hold a stay permit for the purpose of studying (§ 16b), study-related internships within the EU (§ 16e), applying for higher education (§ 17 Para. 2), research (§ 18d), European Voluntary Service (§ 19e) and EU Blue Card (§ 18g).

You can, however, still study with a residence permit according to § 24, but it is not possible to change to a residence permit for the purposes of studying. You could also obtain the EU Blue Card if you, as a skilled worker, obtain a residence permit under §18 a or b and give up your residence permit under §24. This way, your path to the EU Blue Card will be open again.

In general, whether it makes sense to give up your residence permit under §24 to perhaps switch to other residence permits that can enable you to obtain permanent residence always depends on the options available in your individual case.

Important: Make sure you get specialised advice before changing your residence permit. It is always risky to have your residence permit "only" tied to your job or training programme.

Good to know: It is sometimes possible to have two residence permits at the same time. Discuss this with the Immigration Office and, if necessary, seek advice from a lawyer.

The "track change" („Spurwechsel“) is intended to give asylum seekers a residence permit and professional prospects. It also helps companies find the workers they need. If you are a skilled worker or have adequate professional knowledge, you can withdraw your asylum application and apply to change track under certain conditions. This regulation also includes your spouse and underage children (according to Section 10, Paragraph 3, Sentence 4 of the Residence Act). Unfortunately, there is no way to switch from an ongoing asylum procedure to a residence permit, for example, for skilled workers. To do so, the asylum procedure must be withdrawn at the BAMF. 

Please note: If the asylum application is withdrawn before the administrative court, the negative decision becomes final. A withdrawal of the asylum application should always be accompanied by a lawyer.

Important: Even if the asylum procedure is withdrawn, the hurdles are still very high. The section on "Can I change track?" will tell you whether you meet the requirements.

But be careful: You should first check whether your asylum procedure could be successful, as this can bring you great advantages because the stay is not tied to a job, while your stay as a skilled worker will be. You should also first clarify whether you can work as a skilled worker because foreign qualifications are usually not so easily recognised in Germany. You can find out how the recognition of qualifications works in our chapter "Recognition of foreign qualifications".

If you have submitted an asylum application and a final decision has not yet been made on it, you can change track under certain conditions. This regulation also applies to spouses and minor children (according to Section 10, Paragraph 3, Sentence 4 of the Residence Act). You can withdraw your asylum application and change tracks if you meet the following requirements:

• The asylum application must have been submitted by March 29, 2024.

And

• The asylum application has not yet been "irrevocably rejected".

And you are

• either a skilled worker with recognised vocational training or a university degree (§§ 18a and 18b Residence Act)

• or you are considered a person with "extensive professional knowledge" (§ 19c, Para. 2 Residence Act)

Caution: Only people who meet the strict requirements can benefit from this option. Before making a decision, be sure to get expert advice, preferably from a lawyer. Don't risk losing your chance of a residence permit by withdrawing your asylum application too quickly. Changing track can help you get a residence permit more quickly. But you will also receive protection status and a residence permit with an approved asylum application. You will lose this option if you apply for a track change. This is particularly important if you want to switch according to § 19 c– in this case, you should definitely seek prior approval from the Immigration Office. Keep in mind that they can issue you this residence permit, but they do not have to.

To be considered a skilled worker with recognised vocational training (according to §18a Residence Act), you must meet the following requirements:

• You have a German professional qualification or a qualified professional certificate that is recognised in Germany. You can find out more about the requirements for the recognition of your foreign qualifications in our chapter "Recognition of foreign qualifications". “Qualified” means that you have completed at least two years of vocational training.
• You must also have qualified employment. This means that you have knowledge and skills for this job that are acquired in qualified training. However, the job does not have to be related to the content of the training.
• You need the approval of the Federal Employment Agency for employment.
• In addition, comparable employment conditions must be met– this means that the salary must correspond to the usual level in the area and industry.

If you are older than 45 and are applying for a residence permit under §§ 18a Residence Act for the first time, you must meet the following requirements (regardless of whether you are self-sufficient through your wage).

You must:

• either prove a gross salary of €4,152.50 gross per month or €49,830 gross per year as of 2024. (This corresponds to %55 of the annual contribution assessment limit in the general pension insurance)

or

• prove adequate pension provisions.

Please note: Exceptions to this are possible if there is a public, particularly regional, economic or labour market policy interest in your employment. And if the income is only slightly below or the age limit is only slightly exceeded.

In order to be considered a skilled worker with a recognised university degree (according to Section 18b of the Residence Act), you must meet the following requirements:

• You have a German university degree or a university degree that is considered equivalent in Germany for qualified employment. You can also do jobs within your academic qualifications. 
• You need the approval of the Federal Employment Agency for employment.
• In addition, comparable employment conditions must be met, meaning the salary must correspond to the usual level for the location and industry.

There is a special regulation for older people: If you are older than 45 and are applying for a residence permit under Section 18b of the Residence Act for the first time, you must meet the following requirements. (regardless of whether you are self-sufficient through your wages). You must:

• either have a salary of €4,152.50 gross per month or €49,830 gross per year (as of 2024). (the amount corresponds to %55 of the annual contribution assessment limit in the general pension insurance)

or

• prove adequate pension provisions.

Please note: Exceptions to this are possible if there is a public, particularly regional, economic, or labour market policy interest in the employment and if the income is only slightly below or the age limit is only slightly exceeded.

To be considered a person with "extensive professional practical knowledge" ("ausgeprägten berufspraktischen Kenntnissen") according to Section 19c Paragraph 2 of the Residence Act), you must meet the following requirements:

• You have completed vocational training (2 years or longer) abroad, and it is recognised there, or you have a university degree (which does not necessarily have to be recognised in Germany). Please note: The ZAB must have determined via a "Statement on a Foreign Vocational Qualification" or a “Statement of Comparability” that the qualification is recognised in the country of origin. You must apply for this assessment yourself. The requirement of a formal qualification abroad does not apply to IT professionals.

And

• You must be in qualified employment, i.e., the job you do typically requires at least 2 years of vocational training or a university degree.

And

• You need at least 2 years of qualified professional experience within the last 5 years.

And

• You need at least an income of €3,398 gross per month or €40,770 gross per year. Exceptions apply to companies bound by collective agreements.
• If you are older than 44 and are applying for track change (“Spurwechsel”) for the first time in accordance with Section 19c Paragraph 2, you usually need a minimum income of €4,152.50 gross per month or €49,830 gross per year– exceptions to this general rule, however, are possible.

Be careful– before withdrawing an asylum application, you should always seek legal advice. You should first check the prospects of success of your asylum procedure, which, if successful, can have significant advantages for you, e.g., your stay would not be tied to a job unlike skilled worker residence permits. You also need to make sure you can work as a skilled worker because foreign qualifications are mostly not automatically recognised in Germany. You can find out how the recognition of qualifications works in our chapter "Recognition of foreign qualifications".

A track change (“Spurwechsel”) is possible if you entered Germany before March 29, 2023, and your asylum application has not yet been rejected in court (providing you meet the requirements for a skilled worker job according to Sections 18 a or b or employment according to Section 19 c Paragraph 2 in conjunction with the Employment Ordinance.)

You can, therefore, make use of the track change (“Spurwechsel”) if your asylum procedure is still ongoing. You can also withdraw your asylum application and change track after BAMF rejects your application. To do so, you must file a complaint against the rejection decision within the deadline. And the legal proceedings must not yet have been legally concluded because then you contest the decision. Even after the verdict has been announced, you can still withdraw your asylum application within the appeal period (usually one month). 

Please note that in this case, the asylum application must first be withdrawn at BAMF; because if you only withdraw the complaint at the court, the original rejection becomes valid. This must not happen if you want to change track.

Even if your asylum application was rejected as obviously unfounded (“offensichtlich unbegründet”), you can still withdraw it if the decision is not yet conclusive. However, in some cases (e.g. in the case of deception regarding your identity), there is a special feature that you can only change track to a residence permit in accordance with Sections 18a, 18b of the Residence Act (i.e. you need a qualification recognised in Germany). This depends on the reason behind the rejection of your application as "obviously unfounded". If that is the case, please seek advice.

Please note: Changing track to a skilled worker position according to §§ 18 a and b (i.e. jobs that require 2 years of training, a certain salary and a professional qualification recognised in Germany) will be no problem if the requirements are met– you are now legally entitled to be granted this type of residence permit. You should be particularly careful with all other jobs (including those according to § 19 c Paragraph 2 in conjunction with the Employment Ordinance) since it is at the discretion of the Immigration Office to grant you those permits.

If your asylum application has been rejected, you can find further information in our chapter “Asylum application rejected”. Under certain conditions, one of the following residence options may also be viable for you: Tolerated Stay Permit for Work ("Beschäftigungsduldung"), Residence Permit for Vocational Training (§16g Residence Act), Tolerated Stay for Vocational Training ("Ausbildungsduldung") and „Chancenaufenthaltsrecht“.