Asylum seekers are initially prohibited from working during their stay in Germany. This generally applies for as long as they stay in an initial reception facility. In Saxony-Anhalt, this can last up to 18 months, albeit a work ban only applies for a maximum period of the first nine months. You can obtain a good overview of when work permits and work promotion are possible for different people in different statuses here.
After a maximum period of nine months, refugees who have a temporary residence permit or who already have a toleration permit also need the approval of the Federal Employment Agency (BA) for a work permit or employment permit. The priority check by the BA has not applied since 1 March 2020. It was largely abolished with the introduction of the Skilled Immigration Act. However, the workplace inspection described above continues to be applied. By the end of the 48th month, applications for work permits must be submitted to the Foreigners' Authority, which forwards them to the BA. The work permit is only issued for a specific job during this period. After the 48th month of residence, individuals with a toleration or residence permit receive a work permit from the Foreigners' Authority without any further inspection by the Federal Employment Agency.
Asylum seekers who have been registered in Germany for less than three months, who have to leave the country or who will soon be deported are not granted a work permit. This also includes asylum seekers from safe countries of origin.
Those who have a residence permit as a recognised refugee are allowed to work without restrictions. This is because all those people who have a residence permit for reasons of international law, humanitarian or family reasons receive a general work permit without further inspection by the Federal Employment Agency and are allowed to work without any restrictions – including as self-employed persons.
BAMF asylum decisions and their employment opportunities
The BAMF (Federal Office for Migration and Refugees) decides on the asylum application of asylum seekers and thus also on access to the labour market. This procedure usually takes about 5.2 months, depending on the country of origin. The following options are available:
1. The applicants receive asylum in Germany as politically persecuted individuals
2. Applicants receive protection (under the Geneva Refugee Convention) if their life or freedom is threatened in their country of origin because of their ethnicity, religion, nationality, membership of a social group or because of their political beliefs.
Both groups receive a residence and work permit for three years. Following this, an inspection is performed as to whether the situation in the country of origin has improved.
3. Subsidiary protection is granted if there is a threat of serious harm in the country of origin, such as the death penalty, torture, degrading treatment, punishment or threat to life as a result of armed conflict.
The residence permit is issued for at least one year. It will not be renewed if the purpose ceases to apply. After five years, a settlement permit can be granted if the requirements (livelihood, German language skills) are met. Employment does not require the BA's consent.
4. Bans on deportation – Asylum seekers may not be deported if deportation is inadmissible under the European Convention on Human Rights (ECHR). A ban on deportation occurs if a return to the country of destination poses a considerable danger, such as in the case of an existing illness and no sufficient treatment is possible in the country of destination.
In this case a resident permit of at least one year’s duration is granted with the option of an extension. After five years, a permanent settlement permit is possible if certain requirements (livelihood, German language skills) are met. From the 16th month of residence, it is possible to take up work without a priority check by the BA. Highly qualified work and work with relatives is possible immediately – without a priority check.
5. Rejection of the asylum application. Refugees face deportation if they do not lodge an appeal in time.
6. Inadmissibility of the asylum application because another member state is responsible for them. The BAMF can deport refugees to another EU country (which is responsible for them).
Vocational training opportunities
All people with a migration background can commence school-based vocational training in Germany, regardless of their country of origin, how long they have been in Germany and what their residence status is. In this case you do not have to ask the permission of the Foreigners' Authority. However, this does not apply to in-company training. A work permit from the Foreigners' Authority is required for this. A training contract must be submitted for this. A priority check by the Federal Employment Agency is required for people who come to Germany under the new Skilled Immigration Act. Refugees who commence an apprenticeship in Germany should be allowed to stay in Germany for the duration of the apprenticeship – and have another six months to look for a job following it. Funding options are available for the training period, both in the status of toleration and with regard to the residence permit. You can find detailed information on which group of people can access different funding instruments and when, here. Recognised asylum seekers do not have to observe any waiting periods in this regard. Anyone who is taken on after completing their apprenticeship or finds a job elsewhere receives a residence permit for two more years.