Access to the labour market for refugees

Similar documents
To whom it may concern:

Opportunities to change the residence title and the purpose of stay in Germany

The first part turns to the questions what a permission to stay status is and when it is granted.

Fair Labour Market Integration of Refugees

Voluntary return. Englisch/English Information for asylum-seekers. What happens if your asylum application is rejected?

Migration Report Central conclusions

Employment of Foreign Workers in Germany

PERCO Platform for European Red Cross Cooperation on Refugees, Asylum-seekers and Migrants

Refugee Job Seeker Integration in Germany

Peer Review on Integration of Refugees into the Labour Market

COUNTRY FACTSHEET: CROATIA 2012

How do I get a. work permit? The preconditions and the procedure

COUNTRY CHAPTER GER GERMANY BY THE GOVERNMENT OF GERMANY

COUNTRY CHAPTER GER GERMANY BY THE GOVERNMENT OF GERMANY

Asylum Procedure Act as amended of 29 October 1997 Table of Contents Chapter One General Provisions

PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 25 November /03 LIMITE MIGR 89

Skilled Migration: Challenges and Solutions

Voluntary return. Englisch/English Information for asylum-seekers. What happens if your asylum application is rejected?

passage ggmbh Hamburg, Germany Coordinator Development Partnership EQUAL Asylum Seeker and Refugees in Hamburg:

INFORMATION & RESEARCH

Germany as a Country of Admission for Syrian Refugees

6 Prohibition on providing immigration advice unless licensed or exempt

Germany 2016 Salary Criteria and Access by Nationals of Balkan Countries. Why This Matters

Overview of migration trends in Montenegro

Information and Cooperation Forum (ICF) - Country Report Germany - Implemented by Pro Asyl e.v.

Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory Residence Act

Studying life circumstances of refugees in Germany: A feasibility analysis

UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Regional Office for the Benelux and the European Institutions

EMN Ad-Hoc Query on Maximum time limit for applications for family reunification of third-country nationals Family Reunification

International Dialogue on Migration

Guide to 17a of the German Residency Act

Seminar Vocational education and training (VET) and social integration of refugees and immigrants in Israel and Germany

UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Regional Office for the Benelux and the European Institutions

EMN FOCUSSED STUDY 2016 Approaches to rejected asylum seekers in Croatia Top-line Factsheet (National Contribution)

Female migrants and refugee women in Saxony-Anhalt: Situations of life - Resources - Wishes

Asylum Information Database. National Country Report. Germany

Ad-Hoc Query on effective appeals against entry refusal decisions (borders).

ID06 cards for third country citizens and for those with LMA cards.

Case Study Briefing. MAMBA labour market integration for refugees and asylum seekers in the city of Münster (Münster, Germany)

Draft model framework on temporary and permanent migration for employment of refugee workers

Having regard to the Treaty on the Functioning of the European Union, and in particular points (a) and (b) of Article 79(2) thereof,

THE PRIME MINISTER ASYLUM ACT

COUNTRY FACTSHEET: CROATIA 2013

FAQ: Proof of arrival for asylum-seekers

REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS CHAPTER ONE GENERAL PROVISIONS

Development partnership in the asylum area an example from Hamburg

Volume 10. One Germany in Europe, A Summary of the Immigration Act of July 30, 2004 (Press Report, 2004)

Ad-hoc query on admission of students to study at institutions of higher education. Requested by LT EMN NCP on 22 nd November 2010

Table of content CHAPTER 1: GENERAL PROVISIONS. Section 3: Residence and settlement authorizations

Skilled worker migration to Germany from third countries 2017

Migration Report Central conclusions

ABOUT THE DEPORTATIONS FROM GERMANY TO PAKISTAN

Comparative Study on the Employment of Foreign Nationals in France, Slovenia, Bosnia and Herzegovina (BiH) and Montenegro

Advisory Centres in Munich Questions about the Asylum Procedure Infobus für Flüchtlinge (also Interview Preparation)

2016 Year-End report. Operation: Regional Office in South Eastern Europe. Downloaded on 14/7/2017. Copyright: 2014 Esri UNHCR Information Manageme

Information leaflet on visas and residence permits German Embassy in Riga

Act on the Integration of Immigrants and Reception of Asylum Seekers

Europe. Eastern Europe South-Eastern Europe Central Europe and the Baltic States Western Europe

Federal Office for Immigration and Asylum (BFA) Asylum Procedure ASYLUM

COUNTRY UPDATE FOR 2010: Croatian Red Cross. 1. Figures and facts about immigration. 2. Figures and facts about asylum

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL REGULATION

Dissemination of information on voluntary return: How to reach irregular migrants

Council of the European Union Brussels, 24 February 2016 (OR. en)

2nd Ministerial Conference of the Prague Process Action Plan

Asylum Applicants. Overview. Database. 59 CESifo DICE Report 3/2016 (September)

Asylum in the EU28 Large increase to almost asylum applicants registered in the EU28 in 2013 Largest group from Syria

European Migration Network National Contact Point for the Republic of Lithuania ANNUAL POLICY REPORT: MIGRATION AND ASYLUM IN LITHUANIA 2012

Fact Sheet: How to request Ministerial Intervention

ID06 cards for third country citizens and for those with LMA cards.

Readmission, Return and Reintegration. Tbilisi, March Tour de Table Compilation

THE LAW AMENDING THE LAW ON FOREIGNERS. Article 1

DASRIE (Developing Asylum Seeker & Refugee Integration into Europe) Comparative Asylum Seeker Policy Matrix 2005

Requested by NO EMN NCP Compilation and summary produced

Introduction to the Refugee Context and Higher Education Programmes Supporting Refugees in Germany

OSCE commitments on freedom of movement and challenges to their implementation

with regard to the admission and residence of displaced persons on a temporary basis ( 6 ).

Integration Challenges the German Experience

Right to Work in the UK Policy Contents

3. ECONOMIC ACTIVITY OF FOREIGNERS

- 2 - Summary. Results of the Committee's Work

READMISSION AND REINTEGRATION IN SERBIA

Country Report: Germany

Families know no borders I Who is a family in Slovakia?

Atitsmeetingon20February2002,theAsylum WorkingPartyexaminedArticles1to12 (formerly14)oftheaboveproposalbasedondraftingsuggestionsfrom thepresidency.

Official Journal of the European Union L 94/375

EUROPEAN COUNCIL ON REFUGEES AND EXILES CONSEIL EUROPEEN SUR LES REFUGIES ET LES EXILES COMPLEMENTARY/SUBSIDIARY FORMS OF PROTECTION IN THE EU STATES

EMN Ad-Hoc Query on PL Ad Hoc Query on procedure of issuing decisions for refusal of entry at the border Border

Unaccompanied Minors in Germany

GERMANY. (Immigration and Refugee Services of America 2002) [hereinafter USCR WORLD REFUGEE SURVEY 2002].

ADVICE FOR AFGHAN REFUGEES AND THEIR ADVISORS

Submission by the United Nations High Commissioner for Refugees. for the Office of the High Commissioner for Human Rights Compilation Report

Landratsamt Tirschenreuth [District Office] ASYLUM Department. Basic Information for Refugees in the Tirschenreuth District

Recognizing opportunities Enabling integration Report by the Robert Bosch Expert Commission to Consider a Realignment of Refugee Policy

CONTENTS. 1. Description and methodology Content and analysis Recommendations...17

SWEDEN FACT SHEET. 1. Basic info. 2. Visa for visiting Sweden General information Basic info

EMN Ad-Hoc Query on Ad hoc query on talent mobility

COUNTRY FACTSHEET: LITHUANIA 2012

Department of International Students, Science and Research

Ad-Hoc Query on The rules of access to labour market for asylum seekers. Requested by FR EMN NCP on 25 th October 2010

Amended proposal for a COUNCIL DECISION

Transcription:

Access to the labour market for refugees The opportunities for refugees to gain access to the labour market, and the conditions under which access is granted, fundamentally depend on their residence status at any one time. The various different residence titles are listed below: Residence status 1: persons with a residence permit (Aufenthaltserlaubnis) Source: Bundesamt für Migration und Flüchtlinge The Federal Office for Migration and Refugees (BAMF) decides in the asylum proceedings on four different types of protection, namely the right of asylum, refugee protection, subsidiary protection and prohibition of deportation. Depending on the type of protection, these persons are granted a residence permit for a term of one to three years with the possibility of an extension or transformation into permanent residence. Recognised asylum applicants who have received a positive notice from the Federal Office may as a matter of principle work on an employed basis without restrictions, and may also engage in self-employment. If only a prohibition of deportation has been determined, the immigration authority decides in the respective individual case whether permission to engage in work is issued. It will be noted on the residence permit as well as on any additional sheet that has been issued whether such permission has been granted. Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 1

Residence status 2: persons with permission to reside (Aufenthaltsgestattung) The Federal Office grants permission to reside to asylum applicants who are still in the asylum proceedings. This entitles them to live in Germany until the asylum proceedings have been completed, that is until the decision has been taken on the asylum application, and to work subject to specific conditions. Source: Bundesamt für Migration und Flüchtlinge Residence status 3: persons with temporary suspension of deportation status (Duldung) Persons who are not or are no longer in the asylum proceedings, or whose applications have been turned down but whose deportation has been suspended, receive from the immigration authority a certificate of suspension of deportation, the so-called Duldung. Source: Bundesamt für Migration und Flüchtlinge Persons with permission to reside or temporary suspension of deportation status are subject to special conditions for access to the labour market. These are listed below. Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 2

What conditions apply to access to the labour market for persons with permission to reside or temporary suspension of deportation status? Before persons with permission to reside or temporary suspension of deportation status can take up work, they must obtain permission to engage in work from their immigration authority. The immigration authority decides in the respective individual case whether permission to engage in work is granted. The authorisation of the local Employment Agency is also necessary as a matter of principle. The immigration authority will obtain the authorisation of the Employment Agency, and the individual does not need to obtain such authorisation themselves. Once a person has lived in Germany for four years, the authorisation of the Employment Agency is no longer required as a rule. Specific groups of individuals may however not engage in employment as a matter of principle. Persons with permission to reside who are obliged to live in a reception facility may not engage in employment as a matter of principle. The obligation to live in a reception facility (AE- Wohnverpflichtung) applies for six weeks, and can be extended to a maximum of six months. Persons from safe countries of origin, such as the Member States of the European Union, Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal and Serbia, who filed their asylum applications after 31 August 2015 are obliged to live in reception facilities during the entire asylum procedure (and if their asylum application is turned down, in certain cases until leaving the country), and are therefore not permitted to engage in employment. Persons who have a certificate of suspension of deportation may not engage in employment if they entered the country in order to obtain benefits under the Asylum-Seekers Benefits Act (Asylbewerberleistungsgesetz) if they prevent residence-terminating measures by for instance providing misleading information with regard to their identity or nationality, or if they come from a safe country of origin and their asylum application was filed after 31 August 2015 and has been turned down. From what time do persons with permission to reside or temporary suspension of deportation status receive authorisation to take up employment? Persons with permission to reside can be given permission to take up employment after three months. The three-month period starts on the day on which an asylum request is made to the border authority, an immigration authority or the police. With regard to persons who entered Germany from a safe third country without a necessary residence title, such as a visa, the period however does not begin until an asylum application has been formally lodged with the Federal Office for Migration and Refugees. Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 3

With regard to persons who have temporary suspension of deportation status, the waiting period commences when this document is issued, any previous residence being credited towards this time. Detailed information is provided by the competent immigration authorities. What are the criteria underlying the authorisation of the Employment Agency? The authorisation of the Employment Agency to take up work is also known as a priority review. Three criteria are examined here: the impact of the employment on the labour market; whether priority applicants are available, and the concrete working conditions. The priority review therefore serves to clarify that occupying a post with a foreign applicant does not have any adverse impact on the labour market and that no priority employees (German nationals, citizens of a Member State of the EU or of the EEA or other priority foreign workers) are available for the vacant post. The determination that occupying vacant posts with foreign workers is justifiable in terms of labour market and integration policy can also be made by the Federal Employment Agency globally for individual professional groups or industries. These can be found on the positive list at www.arbeitsagentur.de/positivliste. The separate review of the working conditions is based on the specific job, and particularly verifies the earnings and the hours worked. This guarantees that persons with permission to reside or who have temporary suspension of deportation status benefit from the same conditions on the labour market as persons with an unrestricted work permit. The first two criteria of the priority review cease to apply once a person has lived in Germany for 15 months, and only the comparability of the working conditions is reviewed until four years of residence have been completed, at which time employment becomes completely exempt from authorisation. Are there exceptions when the authorisation of the Employment Agency is not necessary? Yes. There are certain types of employment not requiring the authorisation of the Employment Agency from the outset. These include vocational training, internships for further training purposes, voluntary service or highly-qualified persons taking up work. Whether the specific employment is exempt from authorisation is verified by the immigration authority in each individual case. The three-month period still applies to employment that is not subject to authorisation for persons with permission to reside, and they may not take up employment during this period. The three-month period does not apply to persons with temporary suspension of deportation status. Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 4

May persons with permission to reside or temporary suspension of deportation status work for a temping agency? Yes. Persons who have permission to reside or temporary suspension of deportation status may as a matter of principle temp or take up employment as temporary workers. However, the same criteria apply here as to permanent employment in terms of whether or not prior authorisation or a priority review is necessary. Detailed information is provided by the local immigration authorities and the Employment Agency. May persons with permission to reside or temporary suspension of deportation status engage in self-employment? Persons who have permission to reside or temporary suspension of deportation status may not engage in self-employment as a matter of principle. How can employers recognise whether a person with permission to reside or temporary suspension of deportation status may work for them? Persons with permission to reside and persons with temporary suspension of deportation status can identify themselves vis-à-vis potential employers with their respective documents. Both the permission to reside and temporary suspension of deportation document can be marked by the competent immigration authority with an endorsement providing information on permissible gainful employment. It is always recommended for the job-seeker to discuss the specific job offer with their competent immigration authority. Does taking up employment or vocational training lead to a residence title being issued? Persons with permission to reside do not receive a separate right of residence when they take up employment or training. The individual s efforts towards becoming integrated are not taken into account when considering the asylum application with regard to granting protection under the law on asylum. When it comes to persons with temporary suspension of deportation status, by contrast, the individual circumstances and efforts towards integration are taken into account when extending temporary suspension of deportation and issuing a residence title. Do persons with permission to reside or temporary suspension of deportation status lose their benefit entitlements under the Asylum-Seekers Benefits Act (Asylbewerberleistungsgesetz) when they are in employment? Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 5

The earnings are deducted from the benefits granted under the Asylum-Seekers Benefits Act. The social welfare office with local responsibility will provide more information. There may be an entitlement to a training scholarship when taking up vocational training, depending on the type of training and the personal circumstances. This leads to the cancellation of the entitlement under the Asylum-Seekers Benefits Act, but there may still be an entitlement to housing benefit. Further information on vocational training and promotion can be obtained from the careers advisors at the local Employment Agency, and further information on social security is available from the municipal agencies such as the housing benefit office or the training scholarships (BaföG) office. Is an obligatory place of residence an obstacle to taking up work? No. The geographical restriction on residence for persons with permission to reside, known as the residence obligation (Residenzpflicht), ceases to apply after three months, unless the obligation to live in a reception facility continues to apply. They are then free to choose where they live as a matter of principle. The immigration authority may however order the geographical restriction once more at any time if the individual has come to the notice of the police or specific measures are required in order to return them to their country of origin. The same applies to persons who have temporary suspension of deportation status. The residence obligation is replaced by a domicile requirement (Wohnsitzauflage). Does the domicile requirement preclude taking up employment? The domicile requirement (Wohnsitzauflage) means that individuals who draw social benefits may not freely choose where they live. As a matter of principle, displaced persons are obliged to have their habitual residence (domicile) in the Land to which they were allocated in order to apply for asylum during the first three years from recognition or receiving a residence permit. The domicile requirement can be rescinded if employment subject to mandatory social insurance is taken up amounting to at least 15 hours per week (section 12a subsection (5), sentence 1, No. 1 of the Residence Act [AufenthG]). Do persons with permission to reside and persons with temporary suspension of deportation status receive support in looking for a job? Yes. Persons with permission to reside and persons with temporary suspension of deportation status can report to their local Employment Agency as job-seekers. The Employment Agency is their contact and can provide them with advice. Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 6

What possibilities of language promotion exist for persons with permission to reside and for persons with temporary suspension of deportation status? Persons with permission to reside, as well as persons with temporary suspension of deportation status who have good prospects to remain, have also had access to integration courses since November 2015. All the necessary information, as well as the preconditions for access, can be found on the website of the Federal Office for Migration and Refugees: http://www.bamf.de/en/willkommen/deutschlernen/integrationskurseasylbewerber/integrat ionskurseasylbewerber-node.html. A list of integration course venues as well as information on the many additional integration services or advice centres available close by can be found on the website belonging to the information system of the Federal Office for Migration and Refugees (Web-GIS): http://webgis.bamf.de/bamf/control. Moreover, vocational language promotion (within the ESF-BAMF courses) can be provided to persons with permission to reside or whose deportation has been temporarily suspended. Attendance is contingent on access to the labour market and language knowledge at a minimum of level A1 (GER). The courses, which are organised and sponsored via the Federal Office on behalf of the Federal Ministry of Labour and Social Affairs (BMAS), combine German lessons, vocational skill-building and opportunities to serve internships. The local right-to-remain networks are responsible for placing candidates in courses. More information is also provided by the Information Service of the Federal Office for Migration and Refugees, language schools, refugee advice centres, as well as the local advisors of the Federal Office. The Information Service of the Federal Office can be reached by telephone on +49 911 943 6390 from Monday to Friday from 9 a.m. to 12 a.m. The ESF hotline on vocational language courses can be reached by telephone on +49 221 92426 400 and at the following e-mail address: esf-verwaltung@bamf.bund.de. You can find more information on the ESF-BAMF courses here: http://www.bamf.de/en/willkommen/deutschlernen/deutschberuf/deutschberuf-node.html What possibilities exist for young people whose deportation has been suspended and for asylum applicants whose applications have been turned down as a result of the 3+2 arrangement which the Integration Act (Integrationsgesetz) has brought about? The 3+2 arrangement has created a further possibility for people to have their deportation suspended, thus enabling those in training and their employers to plan for the future because it Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 7

secures residence for the duration of the training. Moreover, these trainees can receive a two-year residence permit once they have successfully completed their training if they are able to find work commensurate with the training which they have undergone. Parliament has linked the issuance of suspension of deportation with a variety of conditions. No measure to terminate residence may be immanent; the person concerned may not come from a safe country of origin, and may not have caused the termination of residence through his or her conduct. (section 60a subs. 2 sentence 4 and section 18a subs. 1a of the Residence Act [AufenthG]) What happens after the 3+2 arrangement has expired? Residence may be extended. On what laws is access to the labour market for persons with permission to reside and persons with temporary suspension of deportation status based? The legal basis underlying access to the labour market for persons with permission to reside and persons with temporary suspension of deportation status is set out in sections 47 and 59 to 61 of the Asylum Act (Asylgesetz AsylG), sections 39, 40, 60a and 61 of the Residence Act (Aufenthaltsgesetz AufenthG), as well as sections 26 and 32 of the Employment Ordinance (Beschäftigungsverordnung BeschV). Section 60a subs. 6 of the Residence Act (Aufenthaltgesetz AufenthG) regulates when employment, which includes self-employment (section 2 subs. 2 of the Residence Act), may not be permitted; conversely, employment, and hence also self-employment, may otherwise be permit-ted. The changes which were brought about by the Asylum Acceleration Act (Asylbeschleunigungsgesetz) of 23 October 2015 have now also opened up the integration courses to asylum applicants with good prospects to remain. These are regulated in section 44 of the Residence Act (Aufen-thaltsgesetz AufenthG). Work-related promotion of German in accordance with section 45a of the Residence Act (Aufenthaltgesetz AufenthG) can also be provided, following on from the integration course. What is the impact of the new amendments to the Integration Act (Integrationsgesetz) on the possibilities for displaced persons to gain access to the labour market? Termination of in-company training Displaced persons who have a training place receive secure residence status. Even if they drop out of training, their right of residence is now to be extended by six months on a one-off basis in order to enable displaced persons to seek new employment (section 60a subsection (2), sentence 4, of the Residence Act). The labour market programme entitled "Refugee integration measures" In addition to language courses, it is possible to work within the labour market programme entitled "Refugee integration measures". These activities entail compensation for additional expenditure, but Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 8

do not constitute an employment relationship (section 5a of the Asylum-Seekers Benefits Act [AsylbLG] and section 421a of Book III of the Social Code [SGB III]). Last updated: May 2017 www.bamf.de/faq-arbeitsmarktzugang-gefluechtete-menschen 9