What residence permit is available to a Syrian?

The political debate surrounding the return of Syrian nationals has intensified in recent months, deeply unsettling many of the approximately 975,000 Syrians living in Germany. When talk shows and parliamentary debates call for blanket return quotas of up to 80 percent, the impression often arises that the residency status in Germany is at risk for almost all those affected. However, behind these striking demands lies a far more nuanced legal reality. German residency law offers significantly more security for well-educated and integrated individuals than current political rhetoric suggests. Our law firm observes that the focus on humanitarian status obscures more stable, legally secure alternatives, which should be proactively pursued right now.

The end of automatic responses: Why humanitarian protection alone is no longer enough

For a long time, protected status for Syrians was considered an irrevocable basis for their residency. However, the relativization of political statements regarding return does not change the fact that a humanitarian permit is always tied to the conditions in the country of origin. Should the Federal Office for Migration and Refugees (BAMF) conclude that the reasons for fleeing no longer exist, revocation proceedings are imminent. A legally secure way out of this uncertainty is to switch to a purpose-bound residence permit, which is valid regardless of the political situation in Syria .

Legally, this step is currently as straightforward as it has rarely been before. While normally completing a visa application process under Section 5 Paragraph 2 of the German Residence Act (AufenthG) or the prohibition on granting a residence permit under Section 10 Paragraph 3 of the German Residence Act (AufenthG) present significant hurdles, these obstacles usually do not apply to Syrians with existing protected status . As long as a valid residence permit is held, Section 39 Sentence 1 of the German Residence Ordinance (AufenthV) allows for the application for almost any residence permit directly from within Germany. We strongly advise taking advantage of this window of opportunity before a potential revocation of protected status reinstates the visa requirement – which, given the staffing shortages at the embassies in Beirut or the recently reopened consulate in Damascus, would lead to massive delays.

The skilled worker as an anchor in immigration law

In public discourse, the Syrian community is often mistakenly perceived as homogeneous. However, data from the Federal Employment Agency paints a different picture: Over 230,000 Syrians are employed and subject to social security contributions, the majority of them in skilled jobs. For these individuals, the path via the... Skilled worker immigration under Sections 18a and 18b of the German Residence Act (AufenthG) is the most sensible way to achieve long-term security. It is a widespread misconception that one must relinquish their humanitarian status to obtain a residence permit. to obtain a skilled worker . The Federal Administrative Court has clarified that several residence permits can exist simultaneously ( BVerwG, Judgment of 19.03.2013 – 1 C 12.12 ).

However, the rigid focus of the German labor market on formal qualifications remains problematic. While many Syrians are highly qualified in their home country, Skilled workers who have previously worked in Germany often encounter bureaucratic hurdles to recognition of their qualifications . We strongly criticize the lack of flexibility on the part of the authorities: a system that ignores practical experience and relies solely on certificates not only harms those affected but also exacerbates the already rampant shortage of skilled workers. Nevertheless, Section 19c Paragraph 2 of the German Residence Act (AufenthG) in conjunction with Section 6 of the German Employment Ordinance (BeschV) offers opportunities for individuals with extensive professional experience under certain conditions, provided a corresponding salary level is achieved.

Strategies beyond traditional employment

For those who are just starting their careers or seeking a new direction, vocational training according to § 16a of the German Residence Act (AufenthG) offers a solid perspective. After completion, the path to becoming a [position/role] is open. Skilled worker status is available. However, securing a livelihood is the critical hurdle. Employers, particularly in the medical sector and skilled trades, are well advised to support their Syrian employees during this transition. A change of status not only secures the employees' continued employment but also protects companies from the risk of illegal employment under Section 404 of the German Social Code, Book III (SGB III), should a humanitarian status suddenly be revoked.

The residence permit for self-employment (§ 21 AufenthG) is also a viable option for the growing number of Syrian entrepreneurs in Germany. However, what the authorities often neglect is proactive advising. Instead of waiting for the day of a potential revocation, immigration authorities should act as service providers and actively inform well-integrated individuals about switching to employment-based immigration law. This would reduce the administrative pressure that will arise when thousands of applications are submitted simultaneously.

Social selection: Who gets left behind?

Despite all the possibilities, we as legal professionals cannot ignore the fact that current immigration law perpetuates social selection. Those who, due to childcare responsibilities, disability, or age, do not meet the strict requirements for securing their livelihood remain trapped in the humanitarian system and are defenseless against the fluctuations of migration policy. Single parents and families with many children, in particular, often fail to overcome the high hurdles of calculating the household's needs.

Conclusion: Proactive action secures the future

The question "Which residence permit should a Syrian have?" can no longer be answered simply by referring to the asylum decision. The most legally secure strategy for well-educated Syrians is to diversify their residence status. Those who meet the requirements for a permit as Those who meet the criteria for skilled worker status or other forms of labor migration should submit their application concurrently with their existing protected status. This creates redundancy and protects against political shifts. A sovereign right to reside in Germany today is based on professional qualifications and legal initiative.

How Visaguard can support you

As a specialized law firm for visa law, we support you in establishing a secure foundation for your residency status. We examine which alternative residence permits, in addition to your humanitarian status, are available to you and handle the application process with the immigration authorities. We also assist you in demonstrating your professional qualifications in accordance with [relevant regulations/guidelines]. We will help you claim your eligibility for skilled worker immigration and guide you through the complex requirements of securing your livelihood, so that your future in Germany does not become a pawn in political debates.