Office of regulations and road transport Foreign Affairs
Shark Müller/1360 17.03.2015
Labour market access for asylum-seekers and foreigners, you are in possession of a tolerance
Since the 11. November 2014 entered into force several concessions in labour market access for asylum-seekers stay permit and persons with tolerance. The waiting period for the possibility of employment decreases for both groups of nine so far or. twelve months to three months.
The following listing shows, whether, When and what approval of cam by the Immigration Office to obtain.
Still permission of the Immigration Office before work is generally required
I. Employment without the consent of cam (Persons with residence permit after 3 Months, People with tolerance immediately )
1. Company training
2. Internships in the context of training and of EU-funded programmes , Federal volunteer service, Voluntary social year
3.Highly qualified employment corresponding to their graduation, If they
a) have a recognized or comparable foreign degree and at least 47.600 Euro gross will earn in a year (Conditions for the blue card-EU) or
b) a German university degree have (regardless of the income).
II. Employment with the consent of the cam but only examination of the conditions of employment a priority check (§ 32 ABS. 5 Nr. 1 BeschV) After 3 Months (out point 5)
1. a recognized or comparable foreign degree and a job corresponding to this conclusion, with earnings of at least 37.128 € Workers gross in the year and if this activity a “Professional of lack of” is (Natural scientists, Mathematician, Engineers, Doctors and IT professionals) or
2. When a German qualified (at least two years) Graduation with an employment corresponding to this conclusion or
3. When a foreign, as equivalent recognized education degree at a corresponding to this conclusion employment if it is a lack of professional from the positive list of the federal employment agency or
4. When a temporary practical activities (Internship, After qualification measure o. ä.), that is for the recognition of foreign professional financial statements or for the work permit in a regulated profession required or
5. for foreigners, the up since 15 Months continuously allows, tolerated or stop with a residence permit in Germany
It is important: In these cases, not the consent required by the federal employment agency does not apply, but only the priority examination. An examination of the conditions of employment is carried out nevertheless (whether such collective- or local wage is paid). Temporary work is not approved (§ 40 ABS. 1 Nr. 2 Niederlassungs).
III. Occupations in General with the consent of cam
After 3 Months allowed, geduldetem or complete stay with priority assessment and assessment of the conditions of employment. Temporary work is not approved (§ 40 ABS. 1 Nr. 2 Niederlassungs).
IV. Employment without the consent of cam
After service stay any employment without the consent of the cam is allowed, incl. Temporary agency work
Prohibition of work
Only for people with tolerance can gem. § 33 BeschV an ausländerrechtliches work ban as a sanction imposed, as a result, a work permit may not be granted, Although the above conditions are met. A work ban,
• If the entry for the purposes of the social security cover or
• There is a deportation obstacle, that the person concerned personally has to represent.
A work ban may be imposed only, If the self-inflicted deportation obstacle is also the ultimate deportation obstacle. If more, not even indebted deportation obstacles are added, may no work prohibition be imposed.
This would be the case about, If a deportation would also not be possible for health reasons, If anyway at present no deportation be carried out in the respective country of origin of the can when the Immigration Office for humanitarian reasons is currently no deportation. A work ban must be withdrawn in such cases. It is also important: A possible 'misconduct' by parents or other family members must not lead to the liability of a clan. It's only the "own" behavior.
Arbeitsmarktzugang für Asylbewerber
Arbeitsmarktzugang für Asylbewerber mit Duldung
Labour market access for asylum-seekers and foreigners with tolerance
Übersicht Praktika Geduldete Asylbewerber