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Solingen Solidarisch

Work permit

Whether a job or a training is possible and on which conditions depends on the residence permit status.

Approved refugees with a residence permit (Aufenthaltserlaubnis) may start employment or training right away. With the requirement „employment permitted“ they have the approval of the Foreigners' Registration Office („Ausländerbehörde“).

The following regulations apply for persons with a temporary permission to stay (Aufenthaltsgestattung) or with a toleration of stay (Duldung): they are permitted to start an employment after three months at the earliest. During this period an employment ban is in effect. It can be extended up to six months in case the asylum-seeker (female or male) is obligated to live in a reception centre until a final decision on her/his application has been taken. The time period already begins with the day the asylum application has been filed (BÜMA/AKN). It is possible to start a training from the fourth month on or from the day a toleration of training („Ausbildungsduldung“) has been issued.

A job or a training can only be taken up with the approval of the Foreigners' Registration Office („Ausländerbehörde“). Therefore you have to file an application for the employment approval where you have to include a precise job or training offer. The Foreigners' Registration Office („Ausländerbehörde“) will ask the Federal Employment Agency („Bundesagentur für Arbeit“) for agreement before approval. No prior agreement of the employment office is necessary for officially recognized education. If an asylum-seeker (female or male) has been staying in Germany already for four years, the Foreigners' Registration Office („Ausländerbehörde“) has the possibility to decide by itself whether it will grant the permission of employment without agreement by the Federal Employment Agency („Bundesagentur für Arbeit“).

The employment agency will consider the terms of employment and the proof of precedence before agreement. Checking of the employment terms shall ensure that the asylum-seeker (female or male) is not occupied on less favourable conditions than comparable local employees, for example concerning working hours and wages. Considering the proof of precedence means to check whether the position can be filled either with a German employee or with a citizen of the European economic market or with otherwise privileged foreign employees. The proof of precedence will be dropped, if the asylum-seeker (female or male) has been staying in Germany for 15 months.

Employers can file the employment approval on behalf of the asylum-seeker (female or male) provided they have the required authorization.

The approval is also neccessary for marginal employment (the so-called Minijob).

It is not allowed to employ foreigners with a toleration of stay, if these foreigners have come to Germany in order to receive benefits according to the Asylum-Seekers Benefits Act (AsylbLG) or if measures to end their permission to stay cannot be enforced because of reasons the foreigners are responsible for (false statements, deception about identity or nationality) or if these foreigners are citizens of a safe country of origin (Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, former Yugoslavian republic, Montenegro, Senegal, Serbia) and their application for asylum which was filed after August 31st, 2015 has been rejected. A general employment ban applies for those persons.

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