Change of lane and purpose of residence permit

All information on the admissibility of the so-called lane or purpose change in Germany.

Here you learn ...

what a change of lane and purpose is
when changing lanes is permitted
what requirements apply to the change of purpose
when entry is only possible for a specific purpose

1. What is a change of purpose?

2. Prohibition of change of purpose and visa requirement

3. Lane change residence permit

4. Prohibitions on changing the purpose of the Blue Card and ICT Card

5. FAQ
6. Conclusion

1. What is a change of purpose?

Change of purpose is an important issue in German immigration law. A change of purpose occurs when the purpose of residence changes during a stay in Germany . A typical example is when someone enters Germany with a family reunification visa but later applies for a residence permit for the purpose of work . In the past, such a change of purpose was largely excluded under immigration law – however, this has now changed.

Current legislation allows for a change of purpose in many cases . While some restrictions still exist, such as for incomplete degree programs (Section 16b (4) of the Residence Act), even here the regulations have been significantly relaxed. A general ban on changing the purpose of residence – as previously existed – no longer exists. Even for students, the ban on changing the purpose of residence is limited to cases in which the foreigner wishes to take up temporary employment within the meaning of the Employment Ordinance after discontinuing their studies ( Part 3 of the Employment Ordinance (BeschV) ; see Section 16b (4) of the Residence Act).

2. Prohibition of change of purpose and visa requirement

It is often assumed that a residence permit can only be issued if a visa for the same purpose has previously been issued (Section 5 (2) of the Residence Act). Many authorities base this interpretation on the word " required " in Section 5 (2) of the Residence Act. However, this is a misunderstanding. Section 39 (1) of the Residence Ordinance (AufenthV) permits the issuance of a new residence permit if the applicant already holds another legal residence permit. This means that a change of purpose is generally possible today and cannot be prohibited by the visa requirement.

3. Lane change residence permit

The prohibition on changing the purpose of residence must be distinguished from the so-called "change of lane." The term "change of lane" describes the change from the asylum procedure to a residence permit for the purpose of employment or training. This usually concerns people who are still in the asylum procedure, have withdrawn their asylum application, or have already received a negative decision. Changing lanes is not explicitly defined in law, but is permitted or restricted by various provisions in the Residence Act (e.g., Sections 18a, 18b, and 19c of the Residence Act). Unlike a "change of purpose" (e.g., from studies to employment), changing lanes is particularly politically and legally controversial.

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When is changing lanes allowed?

Changing lanes is permitted under certain conditions, particularly if there is a legal entitlement to a residence permit. For example, changing lanes is possible after withdrawing an asylum application if entry into Germany occurred before March 29, 2023. In such cases, a residence permit as a skilled worker (Sections 18a, 18b, or 19c Paragraph 2 of the Residence Act) can be granted. This would formally be possible even if an asylum procedure is ongoing, as these residence permits are now entitlement standards – however, this has been severely restricted by a change in the law (effective December 23, 2023): Even if all requirements are met, a residence permit may only be issued with the approval of the highest state authority and if it serves "important interests of the Federal Republic."

When is changing lanes not permitted?

A lane change is not possible if an asylum application has already been irrevocably rejected . Likewise, individuals who have received a negative asylum decision and are still in legal proceedings may only use the lane change if they withdraw their application in a timely manner – before the conclusion of the procedure. Furthermore, a change to, for example, the EU Blue Card or study visits for individuals with an ongoing or previous asylum procedure is often prohibited by blocking regulations (Section 19f of the Residence Act). These legal barriers were further tightened in some cases as part of the "Repatriation Improvement Act" – a move that has been heavily criticized politically because it excludes qualified refugees willing to integrate from regular residence.

4. Prohibitions on changing the purpose of the Blue Card and ICT Card

Even switching to the EU Blue Card can be fraught with significant hurdles. According to Section 19f of the Residence Act (AufenthG), an EU Blue Card will not be issued if certain grounds for refusal exist. These include, among others, holding a residence permit for temporary protection or international protection in another EU country. In these cases, there is no traditional ban on changing the purpose of residence; instead, there are legally defined grounds for exclusion that can prevent the EU Blue Card from being issued. This is particularly relevant for individuals with humanitarian residence permits who wish to take up skilled employment.

A ban on changing the purpose also applies to the (mobile) ICT card ( Sections 19 and 19b of the Residence Act ), which is designed for internal company transfers. This residence permit is used exclusively for the temporary secondment of skilled workers and managers within a corporation. A transition to another residence permit—for example, for long-term employment—is generally not provided for. This is particularly strict for short-term mobility with the ICT card pursuant to Section 19a of the Residence Act: In this case, a residence permit is only issued for a maximum of 90 days as part of an internal transfer, with no possibility of changing the purpose of residence in Germany.

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5. FAQ

What is a change of purpose in the right of residence?
A change of purpose occurs when the purpose of residence changes during a stay in Germany—for example, from family reunification to employment. This was previously largely prohibited; today, the change is permitted in many cases, although some restrictions apply (e.g., if a person drops out of university).

Is a visa with the new purpose required?
No, not necessarily. While a visa is generally required (Section 5 (2) of the Residence Act), Section 39 (1) of the Residence Ordinance also allows for a residence permit for another purpose if a legal residence permit already exists.

What is a lane change?
A change of lane refers to the transition from the asylum procedure to another purpose of residence, such as employment. It is not legally defined but is regulated by certain standards (e.g., Sections 18a, 18b, and 19c of the Residence Act).

6. Conclusion

Change of purpose is now permitted in many cases, provided a legal residence permit already exists. Previous blanket bans have largely been abolished. However, specific bans on changing the purpose of residence remain, for example, in cases of dropping out of university or holding certain residence permits such as the ICT card.

When it comes to changing lanes—the transition from the asylum procedure to regular residence—the legal situation is more complex. While there are legal options, these have been severely restricted by the 2023 Repatriation Improvement Act. Qualified individuals who are particularly willing to integrate often face significant hurdles. Therefore, anyone seeking a change of lane or purpose should definitely seek individual advice.