When can who work?
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:
Persons with a residence permit (Aufenthaltserlaubnis)
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 title for a term of one to three years with the possibility of an extension or of transformation into permanent residence.
Recognised asylum applicants who have received a positive notice from the Federal Office may work without restrictions as a matter of principle.
One exception is constituted by prohibitions of deportation: If the notice is for a prohibition of deportation, the immigration authorities issue their work permit separately.
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.
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.
Persons with permission to reside and persons with temporary suspension of deportation status are subject to special conditions for access to the labour market. These are listed below.