Work Permit; Application

If you are a foreign national with a temporary stay permit (Duldung) or are currently in the asylum process and wish to take a job, you must apply for a work permit at the immigration office with jurisdiction over you.

The work permit is generally tied to a specific job offer. This means that you must first find an employer who is willing to hire you.

A work permit is also required for vocational training provided by a company. A work permit is not required only for vocational training programs conducted entirely in a school setting. If you have any questions, please contact the immigration office responsible for your case in advance.

If your asylum proceedings result in a negative decision and you wish to continue a training program you have already started, you should apply in a timely manner for a training-related temporary stay permit or a residence permit for vocational training for foreigners required to leave the country. The same applies if you already hold a temporary stay permit and wish to begin vocational training. If, on the other hand, you have held a temporary stay permit for some time and are currently employed, you can have your eligibility for a work-related temporary stay permit reviewed. For more information on applying for a temporary stay permit, see “Related Topics” under “Temporary Stay Permit; Application for Issuance and Extension.”

Self-employment by individuals in the ongoing asylum process and by those with a “Geduldung” is not provided for by law. No permit can be granted for this purpose.

The following applies to individuals in an ongoing asylum proceeding:

In general, asylum seekers are not permitted to work during the first three months after filing their asylum application. For individuals residing in an ANKER center, this restriction applies for the first six months.

Asylum seekers who do not live in an ANKER center may generally be permitted to take up employment between the third and sixth months after filing their asylum application, provided they do not come from a safe country of origin (currently: Albania, Bosnia and Herzegovina, Georgia, Ghana, Kosovo, the Republic of Moldova, Montenegro, North Macedonia, Senegal, Serbia), and provided that approval under labor market regulations has been granted by the Federal Employment Agency, if such approval is required. The decision is then at the discretion of the Foreigners’ Registration Office.

If the asylum procedure has not yet been conclusively finalized after six months, asylum seekers are generally entitled to a work permit. Approval from the Federal Employment Agency must be obtained—if required. Asylum seekers from safe countries of origin are excluded. The asylum application must not have been rejected as “manifestly unfounded” or “inadmissible,” unless the administrative court has ordered that the appeal have suspensive effect. If the requirements are met, a work permit will be issued. If the requirements are not met, a work permit may, under certain circumstances, be issued at the discretion of the immigration authorities (see above).

The following applies to persons with temporary residence status:

For individuals with temporary toleration status, the issuance of a work permit is only possible to the extent and for as long as the toleration status remains in effect, but no earlier than three months after arrival in Germany. In order for the Foreigners’ Registration Office to grant a work permit to individuals with temporary toleration status, there must be no legal prohibitions on gainful employment:

• Nationals from so-called “safe countries of origin” (currently: Albania, Bosnia and Herzegovina, Georgia, Ghana, Kosovo, the Republic of Moldova, Montenegro, North Macedonia, Senegal, Serbia) may not be granted a work permit unless they filed their asylum application by August 31, 2015, or, in the case of Georgia and the Republic of Moldova, by August 30, 2023.

• A ban on gainful employment also applies to rejected asylum seekers who, following their asylum proceedings, remain required to reside in a reception facility (ANKER facility) for the first six months of their temporary stay permit.

• Furthermore, foreign nationals whose temporary residence permit was issued as a “temporary residence permit for persons with unclarified identity” are, without exception, not permitted to engage in gainful employment.

 • The same applies to foreign nationals who can be shown to have come to Germany solely to receive asylum seeker benefits.

• Employment may also not be permitted if measures to terminate the stay cannot be enforced against the person granted temporary tolerance for reasons attributable to that person. This is typically the case when no identity or travel documents (passport, return ticket issued by the embassy) are presented, or when the foreign national does not cooperate sufficiently in obtaining such documents.

If there are no prohibitions on gainful employment, the Foreigners’ Registration Office will obtain approval from the Federal Employment Agency, provided this is required in the specific case. The Federal Employment Agency will review whether the working conditions and compensation are comparable to those of German employees.

If approval from the Federal Employment Agency has been granted or is not required in the specific case, the Foreigners’ Registration Office shall authorize the foreign national to engage in employment. However, this does not apply if, at the time of the application, specific measures to terminate the foreign national’s residence are already pending.

The application must be submitted to the competent immigration office either informally or using the application form. This may be the district office or the city with independent administrative status to which the foreign national is assigned. In some cases, however, the central immigration authorities at the state government level are responsible. Applicants are generally aware of which authority has jurisdiction.

The work permit is entered as a so-called ancillary provision in the residence permit or the certificate of temporary stay. This may require a separate appointment with the immigration office.

If, on the other hand, your application is denied, you will receive a corresponding notification (decision) from the Foreigners’ Registration Office.

By law, self-employment is strictly prohibited for individuals currently in the asylum process and for those granted temporary residence status, without exception.

Please note that due to the ongoing heavy workload at the immigration authorities, processing applications for work permits may take some time. Therefore, please submit your application well in advance of your start date. You are not permitted to begin work without a work permit.

• "Declaration of Employment" Form