The determining factor in our ability to work in Germany is our legal residence status. Because it is the residence status that determines the possibility of obtaining a work permit, in this section you can find out the rules that apply to each case.

Work permit during the asylum procedure

Those who have a temporary residence permit (Aufenthaltsgestattung) or proof of arrival (Ankunftsnachweis), their access to the labor market will be restricted. Self-employment is generally not permitted. To work in a job, you must apply for a work permit from the relevant immigration office before starting work.

 

Asylum seekers can obtain a work permit if they have been in Germany for 3 months and no longer need to live in an initial reception center. If they still have to live in an initial reception center, they can get a work permit after 6 months if they have underage children. If they do not have underage children and are still staying in an initial reception facility, they can obtain a work permit after 9 months.

 

Asylum seekers cannot obtain a work permit if their asylum application is rejected because another EU country is responsible (Dublin procedure) or if they came from a safe country and their asylum application was submitted after August 31, 2015.

 

Important: A work permit is generally not valid, except for a very specific job. The boss/manager of work will have to fill out a form about job conditions, and the job applicant will have to fill out an application (work permit) for permission to work Once the two forms are completely filled out, the immigration authorities must respond to the application within two weeks. If the person does not receive an answer or receives a refusal, they can contact a counseling center or a lawyer. An urgent application can also be submitted to the Administrative Court. Counseling centers can be found on the websiteproasyl.de.

those with a tolerant residence (Doldung)

those with a tolerant residence (Duldung), their access to the labor market will be restricted. Self-employment is generally not permitted. To work in a job, you must apply for a work permit from the relevant immigration office before starting work.

Can people who haveDuldung obtain a work permit if they have been in Germany for 3 months and no longer have to live in an initial reception center. If they still have to live in an initial reception center, they can obtain a work permit after 6 months.

It is not possible to obtain a work permit if they have been denied deportation due to lack of cooperation or deception or if they come from a safe country and their asylum application submitted after August 31, 2015, has been rejected...

Important: A work permit is generally not valid, except for a very specific job. The boss/manager of the business will have to fill out a form about the job, and the job applicant will have to fill out an application for permission to work. Once the two forms are completely filled out, the immigration authorities must respond to the application within two weeks. If the person does not receive an answer or receives a refusal, they can contact a counseling center or a lawyer. An urgent application can also be submitted to the Administrative Court.

who have a residence permit (Aufenthaltserlaubnis)

If the asylum application is decided positively, i.e. the person has been granted protected status as a person entitled to asylum (Asylberechtigte), as a refugee (Flüchtling) or person entitled to subsidiary protection (subsidiär Schutzberechtigte), can work as an employee or as an independent employer without restrictions. The same labor market rules that apply to German nationals will apply to him.

If the asylum application is rejected, but the person is granted a residence permit due to a national ban on deportation, the immigration authorities will decide whether or not they can obtain a work permit. This information is placed on the residence permit or on an additional piece of paper that is given to the person with the residence permit.

 

important

There was a rule that asylum seekers and those with tolerated stay only got a work permit if there were no German or EU nationals for that job. This was called a "priority test". This rule no longer exists.

Explanatory video:

https://www.youtube.com/watch?v=TALgg99BNvc&feature=emb_title

 

 

 

 

 

Source:https://handbookgermany.de/en/work/work-permit.html