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Beschäftigungserlaubnis beantragen bei Aufenthaltsgestattung

Rheinland-Pfalz 99010012001001, 99010012001001 Typ 3b

Inhalt

Leistungsschlüssel

99010012001001, 99010012001001

Leistungsbezeichnung

Applying for an employment permit when you are granted a residence permit

Leistungsbezeichnung II

nicht vorhanden

Leistungstypisierung

Typ 3b

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung und Detail

Leistungsgruppierung

Aufenthaltstitel (010)

Verrichtungskennung

Erteilung (001)

Verrichtungsdetail

in case of a residence permit

SDG Informationsbereiche

  • Aufnahme einer Beschäftigung in einem anderen Mitgliedstaat

Lagen Portalverbund

  • Einwanderung (1080100)

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

28.01.2022

Fachlich freigegeben durch

Ministry of the Interior and Municipal Affairs of the State of Brandenburg,

Teaser

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

Volltext

If you are in an ongoing asylum procedure, employment is only permitted if this is expressly stated in your residence permit. If you want to work, you must therefore apply for an employment permit at the Foreigners' Registration Office. This also applies to the exercise of in-company vocational training or an internship.

If you have been allowed to stay in Germany for three months, are no longer obliged to live in an initial reception centre for asylum seekers (including a reception centre, arrival centre or anchor centre) and have already found an employer who would like to hire you, you may be allowed to work.

To process your application, the Foreigners' Registration Office usually involves the Federal Employment Agency, which checks the working conditions. After an uninterrupted stay in Germany for more than four years, the Federal Employment Agency no longer has to be involved.

If you would like to complete in-company vocational training (dual training), the employment permit for the specific training place must be applied for individually. School-based vocational training is subject to approval.

The employment permit is issued for a limited period of time for the duration of the approval of the Federal Employment Agency, at the latest until the residence permit expires.

There are the following limitations:

The exercise of gainful employment is generally prohibited as long as you are obliged to live in an initial reception centre. Only if your asylum procedure has not been completed within nine months can you be allowed to work.

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 or Serbia, and have submitted your asylum application after 31 August 2015, you will not be able to obtain an employment permit during the asylum procedure.

There is also no access to the German labour market for asylum seekers whose asylum procedure has been rejected as manifestly unfounded or inadmissible and for whose action no suspensive effect has been ordered.

Erforderliche Unterlagen

  • Valid residence permit
  • Identity document (e.g. passport or passport replacement), if available
  • Form "Declaration of employment" (to be completed in full by the employer)
  • In individual cases, the Foreigners' Registration Office may require less or more evidence.

Voraussetzungen

  • You are in possession of a valid residence permit.
  • They are not obliged to live in a reception centre and have been allowed to stay in Germany for three months.
  • You are obliged to live in a reception centre, but your asylum procedure has not been completed incontestably within nine months and you do not come from a safe country of origin.
  • Although you come from a safe country of origin, you applied for asylum before 31 August 2015.
  • An employer has offered you a specific job and filled out the form "Declaration of employment".
  • The conditions under which you will work in the future are comparable to those of German employees.
  • Their wages correspond to the wages of German employees.

Kosten

The issuance of the employment permit is free of charge.

Verfahrensablauf

  • Find out whether your immigration office makes it possible to apply online or provides a special application form.
  • If the application is only possible in person, please send the form "Declaration of Employment" completed in full by your employer to the Foreigners' Registration Office in advance and make an appointment at the Foreigners' Registration Office. In the case of online applications, the Foreigners' Registration Office will contact you upon receipt of your application to make an appointment.
  • During the appointment, your identity and your documents will be checked (please bring your documents, if possible in the original, to the appointment).
  • As a rule, the Foreigners' Registration Office will ask the Federal Employment Agency for approval.
  • If the employment permit is issued, a corresponding entry is usually made on the residence permit (under "Ancillary provisions") or in an additional sheet.

Bearbeitungsdauer

nicht vorhanden

Frist

Permission to work should be applied for before the conclusion of an employment contract.

The permit is limited for the duration of the approval of the Federal Employment Agency, at the latest until the expiry of your residence permit.

Weiterführende Informationen

Questions and Answers Asylum and refugee protection, access to the labour market for refugees

https://www.bamf.de/SiteGlobals/Forms/Suche/Expertensuche_Formular.html?cl2Categories_Bereich=asylfluechtlingsschutz&cl2Categories_Typ=faq&cl2Categories_Themen=zugangarbeitsmarkt&sortOrder=title_text_sort+asc&pageLocale=de

Information from the Federal Employment Agency on access to the labour market for people from abroad (e.g. Migration Check for Employees, Leaflet on Employment of Foreign Workers in Germany):

https://www.arbeitsagentur.de/fuer-menschen-aus-dem-ausland

Federal Ministry of Labour and Social Affairs:

https://www.bmas.de/DE/Arbeit/Arbeitsfoerderung/arbeitsfoerderung.html

International Placement Service (ZAV):

https://www.arbeitsagentur.de/vor-ort/zav/startseite

Information portal on the recognition of foreign professional qualifications:

www.anerkennung-in-deutschland.de

Hinweise

nicht vorhanden

Rechtsbehelf

  • Appeal against the decision of the Foreigners' Registration Office
  • Action before the court referred to in the notice of opposition if the opposition is not complied with

Kurztext

  • Employment permit issued on residence permit
  • Gainful employment (including in-company vocational training, internship) can be allowed to asylum seekers if they have been allowed to stay in Germany for three months, are no longer obliged to live in a reception centre and have found an employer
  • Asylum seekers who are obliged to reside in a reception centre may be allowed to work if their asylum procedure has not been completed within nine months
  • Local Immigration Office usually involves the Federal Employment Agency
  • Employment permit is noted on the residence permit (no separate document)
  • Employment permit is issued for the duration of the approval of the Federal Employment Agency, at the latest until the residence permit expires.
  • Not receiving an employment 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) who have applied for asylum after 31 August 2015 during the asylum procedure
    • Asylum seekers whose asylum procedure has been rejected as manifestly unfounded or inadmissible, unless the Administrative Court has ordered the suspensive effect of the action
  • School-based vocational training is subject to approval
  • responsible: the immigration authority responsible for the place of residence of the applicant

Ansprechpunkt

The point of contact is the immigration authority responsible for the place of residence of the applicant.

Zuständige Stelle

The immigration authority responsible for the place of residence of the applicant is responsible.

Formulare

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance required: Yes