Applying for an employment permit for persons with a residence permit

Teaser

If you would like to work during an ongoing asylum procedure and have already found an employer who would like to employ you, you can apply for an employment permit.

  • Service description

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

    If you have been authorised to stay in Germany as an asylum seeker for three months, are no longer obliged to live in an initial reception centre for asylum seekers and have already found an employer who would like to hire you, you may be permitted to work. To process your application, the foreigners authority usually involves the Federal Employment Agency, which will check the working conditions. After more than four years of uninterrupted residence in Germany, the Federal Employment Agency no longer needs to be involved and you are permitted to work.

    If you would like to complete an in-company vocational training programme (dual training), you must apply for an employment permit for the specific training position individually. School-based vocational training does not require authorisation.

    The employment permit is issued for the duration of the approval of the Federal Employment Agency, at the longest until the residence permit expires.

    The following restrictions apply:

    • As a rule, you are not allowed to work as long as you are obliged to live in an initial reception centre. You may only be authorised to work if your asylum procedure has not been completed within nine months.
    • 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, Montenegro, North Macedonia, Senegal or Serbia, and have submitted your asylum application after 31 August 2015, you cannot receive a work permit during the asylum procedure.

  • Procedure

    • Find out whether your foreigners authority allows you to apply online or has a special application form.
    • If the application can only be submitted in person, please send the "Declaration of employment" form completed by your employer to the Foreigners' Registration Office in advance and make an appointment at the Foreigners' Registration Office. If you apply online, the Foreigners' Registration 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 to the appointment, preferably in the original).
    • As a rule, the foreigners authority will ask the Federal Employment Agency for approval.
    • If the work permit is granted, a corresponding entry is usually made on the residence permit (under "ancillary provisions") or in an additional sheet.

  • Responsible office

    The foreigners authority responsible for the applicant's place of residence is responsible for processing the application.

  • Prerequisites

    • You are in possession of a valid residence permit.
    • You are not obliged to live in a reception centre and have been permitted to stay in Germany for three months, or
    • 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, or
    • Although you come from a safe country of origin, you submitted your asylum application before 31 August 2015.
    • An employer has offered you a specific job and filled out the "Declaration of employment" form.
    • 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.

  • Which documents are required?

    • Valid residence permit
    • Identity document (e.g. passport or passport substitute), if available
    • Declaration of employment" form (to be completed in full by the employer)
    • In individual cases, the immigration authority may require less or further proof.

  • What fees are incurred?

    The issue of the work permit is free of charge.

  • What deadlines do I have to observe?

    You should apply for a work permit before concluding an employment contract.

    The permit is limited in time for the duration of the approval of the Federal Employment Agency, at the longest until the residence permit expires.

  • Processing time

    The application should be received by the Foreigners' Registration Office at least 6 to 8 weeks before the start of the intended employment.

  • Legal basis

  • Legal remedy

    • Appeal against the decision of the immigration authority
    • Action before the court named in the notice of objection if the objection is not upheld

  • Applications / Forms

    Forms available: Yes

    Written form required: Yes

    Informal application possible: No

    Personal appearance required: Yes

  • Short text

    • Employment permit issued with a residence permit
    • Asylum seekers may be permitted to work (including in-company vocational training, internships) if they have been permitted 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 live in a reception centre may be permitted to work if their asylum procedure has not been completed within nine months
    • Local foreigners authority 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 longest until the residence permit expires
    • No work permit received:
      • Asylum seekers from safe countries of origin (member states of the European Union, Albania, Bosnia and Herzegovina, Ghana, Kosovo, Montenegro, North Macedonia, Senegal, Serbia) who have submitted an asylum application 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 courses do not require authorisation
    • Responsible: the foreigners authority responsible for the applicant's place of residence

  • Typing

    3

  • Library entry status

    5

Responsible departments