Residence status and access to the labor market

Residence status is largely dependent on the outcome of the asylum procedure . The Federal Office for Migration and Refugees (BAMF) is responsible for this. At the refugee's request, it checks whether they are entitled to protection (Here you can find detailed information on the asylum procedure).

Asylum seekers receive a certificate of arrival after their first registration in a reception center.

Anyone who has applied for asylum and is in the asylum procedure has a residence permit .

If the application is approved in the asylum procedure, the responsible immigration authority issues the refugee with a residence permit corresponding to the decision for reasons of international law, humanitarian or political reasons. These differ in terms of the time limit, among other things.

If the application is rejected, the applicant is obliged to leave the country. If the person cannot comply with the obligation to leave the country, the foreigners authority can issue a tolerated stay permit .

Refugees who have expressed their wish to apply for asylum to an authority receive a proof of arrival after registering at a reception center. This is withdrawn as soon as the refugee has applied for asylum. The person then receives a residence permit.

Employment with a proof of arrival can be permitted by the immigration authority after a three-month blocking period . In practice, this hardly plays a role.

Persons who are in the asylum procedure have a residence permit. It is valid until the end of the procedure. If legal action is sought, the residence permit remains valid until this is finally exhausted.

Holders of a residence permit may be permitted to work . Permission must always be obtained from the foreigners authority. However, the work permit is only valid for a specific job in a specific company. Self-employment is not possible.

Persons with a residence permit can only be granted a work permit after 3 months of residence in Germany at the earliest.

Persons with a residence permit who have to live in a reception center are generally prohibited from working. They should be allowed to work if a number of conditions are met.

People who come from a safe country of origin are not entitled to a work permit. These are listed in Annex II of the Asylum Act (available here).

NOTE: More detailed information on access to the labor market for asylum seekers can be found here on the website.

Refugees whose application for asylum has been approved receive a residence permit from the immigration authorities. With regard to the forms of protection that the BAMF can determine, a distinction is made between persons entitled to asylum, convention refugees and persons entitled to subsidiary protection. There may also be grounds for a national ban on deportation. The residence status has an effect on the structure of the residence permit with regard to the period of validity and extension options. This group also includes people who have fled the war in Ukraine. They receive temporary protection, but do not have to go through an asylum procedure (more on this here on the website).

For refugees with a residence permit, access to the labor market is generally unrestricted. They can work as employees or self-employed persons as long as their residence permit is valid.

NOTE: Persons who have only been granted a national ban on deportation must apply to the Foreigners' Registration Office for permission to work.

If the residence status is legally revoked by the BAMF, the immigration authority decides whether to withdraw the residence permit. It has discretionary powers here.

Refugees whose application for asylum has been rejected are obliged to leave the country. Their residence permit expires and is withdrawn.

However, if the refugees cannot be deported for factual or legal reasons, they are tolerated. They then receive a toleration certificate, which must be extended regularly.

ATTENTION: Duldung is not a residence permit. The persons remain obliged to leave the country. It also does not allow them to leave or re-enter the country. Anyone who leaves the federal territory - even for just a few hours - loses their tolerated stay permit.

NOTE: Tolerated persons are not necessarily rejected asylum seekers. They can also be people who had a residence permit but this has expired or been withdrawn, as well as foreigners who have entered the country illegally and have not applied for asylum.

Tolerated persons always require a work permit from the foreigners authority in order to work. It is not possible for tolerated persons to be self-employed.

However, tolerated persons may be subject to an employment ban . Working is then excluded.

NOTE: More detailed information on access to the labor market for tolerated persons can be found here on the website.

The refugee's residence document shows whether he or she is eligible for employment. The following entries are possible:

• Gainful employment permitted: All self-employed and employed employment is permitted.

• Employment permitted: Any dependent employment is permitted.

• Employment only with the permission of the immigration authorities: Only very specific dependent employment can be permitted with the approval of the immigration authority.

• Gainful employment not permitted: Employment is not possible, e.g. due to a ban on employment.

There may also be other ancillary provisions , for example with regard to working hours.

ATTENTION: Employers are obliged to check whether employment is permitted. They must also keep a copy of the residence permit, authorization or toleration for the period of employment.