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‘Labor Day ‘: We demand an end to all work restrictions for asylum seekers

Deutsch hier
!5_03_07_Arbeitsverbote_abschaffenWe demand to abolish all work bans for asylum seekers because work bans are a part of a asylum legislation, which systematically excludes the asylum seekers.
Although some improvements came into force in November 2014 there are still far too many work bans for different reasons.

Here is an overview of access to the labor market (since November 11, 2014)

Attention: There are many exceptions for example for internships, trainings, highly skilled workers or academics. You will find more information here: http://women-in-exile.net/arbeit-und-arbeitsrechte/

For refugees with ‘Aufenthaltsgestattung’:

  • For the first three month of stay in Germany you are not allowed to work.
  • After three months of legal stay in Germany you can apply for a work permit at your local Foreigners Authority (Ausländerbehörde) if you have a specific job offer.
    The Foreigners Authority will forward your application to the Federal Employment Agency, who will examine the job offer you found, check if the working conditions correspond to German standards (Review of working conditions) and if there is no privileged employee available for the particular job (Priority review). Privileged employees are German or EU citizens and foreigners who already have a work permit. If a privileged employee exists for that job offer you will not get a work permit for it.
    If you obtain a work permit it is only valid for that specific job.
  • After 15 months of stay in Germany you can get a work permit without the ‘Priority review’ – the Federal Employment Agency examines only the working conditions.
  • After four years of stay in Germany your access to the labor market is going to be unrestricted. That means ‘priority review’ and ‘review of working conditions’ are not going to be carried out.

For refugees with ‘Duldung’ more or less the same applies, but
if the Foreigners Authorities can presume that you do not cooperate sufficiently in your deportation and therefore cannot be deported for reasons for which you are responsible, they may nevertheless ban you from working at any time.

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