Beschäftigungserlaubnis Erteilung bei Aufenthaltsgestattung

If your asylum procedure is ongoing, you want to work and have already found an employer who wants to hire you, you can apply for a work permit.

If you are in the process of applying for asylum, you are permitted to work if this is expressly stated in your residence permit. If you want to work, you must apply for a work permit from the relevant authority. This also applies if you want to do an in-company vocational training course or an internship.

To process your application, the responsible authority usually involves the Federal Employment Agency, which checks the working conditions. If you have already lived in Germany for more than four years without interruption, the Federal Employment Agency no longer needs to be involved.

The work permit will be issued to you for a limited period of time for the duration of the approval of the Federal Employment Agency. The work permit will be issued to you until your residence permit expires at the latest.

The following restrictions apply:

• You can only be allowed to work if your asylum procedure has not been completed.
• If you are an asylum seeker from a so-called “safe country of origin”, i.e. from a Member State of the European Union, Albania, Bosnia and Herzegovina, Ghana, Kosovo, the former Yugoslav Republic of Macedonia (North Macedonia), Montenegro, Senegal, Serbia or Georgia, and you submitted your asylum application after 31 August 2015, you cannot obtain a work permit during the asylum procedure.
• If your asylum application is rejected as manifestly unfounded or inadmissible and no suspensive effect has been ordered for your appeal, you cannot obtain a work permit.

• Valid residence permit
• Identity document (e.g. passport or passport substitute), if available
• Form “Declaration of employment relationship” (to be completed in full by the employer)

• You are in possession of a valid residence permit.
• They are not obliged to live in a reception facility and have been staying in the federal territory for three months with permission or with a tolerated stay.
• You are obliged to live in a reception centre, but your asylum procedure has not been conclusively concluded within nine months and you do not come from a safe country of origin.
• An employer has offered you a specific job and filled out the “Declaration of Employment Relationship” form.
• Their wages correspond to those of German employees.

• Find out whether your responsible authority allows you to submit your application online or whether it has a special application form.
• If the application can only be submitted in person, please send the “Declaration of Employment Relationship” form, fully completed by your employer, to the responsible office in advance and arrange an appointment. If you submit your application online, the responsible office will contact you after receiving your application to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents, preferably in the original, with you to the appointment).
• As a rule, the responsible authority will ask the Federal Employment Agency for approval.
• If the work permit is granted, a corresponding entry is usually made on your residence permit (under “additional provisions”) or on an additional sheet.

You should apply for permission to engage in employment before entering into an employment contract.

• Contradiction
• legal action

• Asylum seekers can obtain a work permit upon application
• The local immigration authority usually involves the Federal Employment Agency
• The work permit is issued for the duration of the approval of the Federal Employment Agency, but no longer than until the residence permit expires
• The work permit is noted on the residence permit (not a separate document)
• You may only work with a work permit (also applies to in-company vocational training and internships, does not apply to school-based vocational training)
• Failure to obtain a work permit:
  • Asylum seekers from safe countries of origin (Member States of the European Union, Albania, Bosnia and Herzegovina, Ghana, Kosovo, North Macedonia, Montenegro, Senegal, Serbia, Georgia) who applied for asylum after 31 August 2015, during the asylum procedure
  • Asylum seekers whose asylum application has been rejected as manifestly unfounded or inadmissible, unless the administrative court has ordered the suspensive effect of the action