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Until now, asylum seekers have not been allowed to work at all for the first three months, after which various regulations apply. The federal government now wants to relax the work bans. What applies so far and what should the rules look like in the future? An overview.
According to the current legal situation, refugees in Germany are only allowed to work after three months at the earliest – but in many cases significantly longer periods apply. In view of the many unfilled positions in the German economy and better integration, the federal government now wants to relax the work bans.
The federal government hopes that this will result in higher employment for asylum seekers. This should also relieve the burden on cities and municipalities when it comes to social benefits. The cabinet wants to pass a corresponding change in the law today.
The work easing is part of the migration package, the key points of which were agreed upon by the leaders of the SPD, Greens and FDP three weeks ago. Interior Minister Nancy Faeser had already launched the first part in the cabinet last week. It was about changes to the law that should enable faster deportations of rejected asylum seekers.
What does the bill provide?
Essentially there are three changes. Firstly, asylum seekers should in future be allowed to work in initial reception centers after just six months instead of nine.
The second change concerns the toleration that rejected asylum seekers can receive in the case of employment or training: Foreigners who came to Germany by December 31, 2022 should be able to benefit from this. Previously the deadline was August 31, 2018.
Thirdly, in the future, immigration authorities should generally give their consent to the employment of tolerated foreigners. So far this has been a discretionary decision by the authority.
What applies so far?
Refugees are not allowed to work in the first three months – regardless of their status. People from so-called safe countries of origin are generally not allowed to work in Germany. These are states where it is assumed that no persecution within the meaning of asylum law takes place there.
There are accelerated asylum and deportation procedures for its citizens. There are currently eight safe countries of origin: Albania, Bosnia and Herzegovina, Ghana, Kosovo, North Macedonia, Montenegro, Senegal and Serbia. Moldova and Georgia will soon be added.
How are refugees currently allowed to work?
After three months, asylum seekers are allowed to start work if they are not obliged to live in an initial reception center. Under this condition, tolerated people are also allowed to work. These are people who should actually leave Germany but cannot be deported for humanitarian reasons or because of the security situation in their home country. Those who are tolerated are not entitled to an employment permit; this is a discretionary decision by the authorities. Those whose identity has not been clarified are generally not allowed to work.
After six months, asylum seekers with underage children can start working, even if they live in collective accommodation.
After nine months, asylum seekers who do not have any underage children are also allowed to work – even if they have to continue to live in a reception facility.
Which jobs are allowed?
The Federal Employment Agency checks the employment conditions together with the immigration authorities. Refugees may not be employed under worse conditions than comparable domestic employees.
According to the Federal Employment Agency, the so-called priority check has been waived nationwide since August 2019. Until then, it was also checked whether a German or EU citizen would be suitable for the position.
Some refugees still fail to work in the job for which they were trained at home. The recognition of foreign school, training and study qualifications often takes a long time or is rejected.
How many Work permits have there been before?
In the first six months of this year, almost 35,000 tolerated people had a work permit, of which around 3,100 were issued in the first half of the year. The work permit was rejected in 237 cases. This emerges from figures from the federal government, which go back to a regular request from Clara Bünger from the Left Party.
As of June 30, 2023, there were around 21,000 asylum seekers with a work permit, of which a good 9,000 were granted in the first half of the year alone. 563 were rejected.
What applies to employees regarding their stay?
In addition to the change in the deadline, the new draft law provides further relief for employment toleration. In the future, it will require that the person concerned has previously had employment subject to social security contributions for 12 instead of the previous 18 months, with regular working hours of only 20 instead of 35 hours per week.
Other hurdles remain high, such as the fact that people have to be able to make a living entirely on their own. Recently, little use has been made of employment toleration: in mid-2023, 3,382 people, including family members, had employment toleration – of which 2,406 were employees.