Employment permit; application

If you are a foreigner in possession of a tolerated stay permit or are in an ongoing asylum procedure and would like to take up employment, you must apply for an employment permit from the foreigners authority responsible for you.

The employment permit usually relates to a specific job offer. This means that you must first find an employer who wants to take you on.

An employment permit is also required for in-company vocational training. An employment permit is only not required for purely school-based vocational training. If you are unsure, please contact the immigration authority responsible for you in advance.

If your asylum procedure ends with a negative decision and you would like to continue the training you have started, you should apply in good time for a tolerated stay permit for vocational training or a residence permit for vocational training for foreigners obliged to leave the country. The same applies if you are already in possession of a tolerated stay permit and would like to start training. If, on the other hand, you have already been in possession of a tolerated stay permit for some time and are working, you can apply for a tolerated stay permit for employment. Further information on applying for a tolerated stay permit can be found under "Related topics" under "Duldung; applying for a permit and extension".

Self-employment is not permitted by law for persons in ongoing asylum proceedings and tolerated persons. No permit can be issued for this.

The following applies to persons in an ongoing asylum procedure:

Asylum seekers are generally not allowed to work in the first three months after applying for asylum; asylum seekers living in an ANKER center are also not allowed to work in the first six months after applying for asylum.

Asylum seekers who do not live in an ANKER center may be permitted to take up employment after the third to the sixth month after applying for asylum if they do not come from a safe country of origin (currently: Albania, Bosnia and Herzegovina, Georgia, Ghana, Kosovo, Republic of Moldova, Montenegro, North Macedonia, Senegal, Serbia), unless the asylum application was submitted by August 31, 2015 or, in the case of Georgia, by August 31, 2015. August 2015 or, in the case of Georgia and the Republic of Moldova, until August 30, 2023, and the approval of the Federal Employment Agency under labor market law has been obtained, if this is required. The decision is then at the discretion of the immigration authority.

If the asylum procedure has not yet been incontestably concluded after six months, asylum seekers are generally entitled to be granted an employment permit. The approval of the Federal Agency must be obtained, if this is 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 the suspensive effect of the action. If the requirements are met, an employment permit will be issued. If the requirements are not met, the employment permit may be granted at the discretion of the immigration authority (see above).

The following applies to tolerated persons:

In the case of tolerated persons, the granting of an employment permit can only be considered if and as long as the tolerated status is valid, but at the earliest after three months in the federal territory. In order for the foreigners authority to issue an employment permit to tolerated persons, there must be no legal prohibitions on gainful employment:

If there is no ban on gainful employment, the immigration authority will obtain the approval of the Federal Employment Agency if this is necessary in the individual case. This agency checks whether the working conditions and remuneration are comparable to those of German employees.

If the approval of the Federal Employment Agency has been obtained or is not required in the individual case, the immigration authority should permit the employment. However, this does not apply if, at the time of the application, concrete measures to end the stay are already imminent.

The application must be submitted informally or via the application form to the responsible foreigners authority. This can be the respective district office or the independent city to which the foreigner is assigned. In some cases, however, the central foreigners authorities at the governments are responsible. Applicants are usually aware of this responsibility.

The employment permit is entered as a so-called ancillary provision in the residence permit or the certificate of toleration. This may require a separate appointment with the foreigners authority.

However, if your application is rejected, you will receive a corresponding notification (decision) from the Foreigners' Registration Office.

Please note that the processing of applications for an employment permit can take some time due to the continuing high workload of the immigration authorities. Therefore, please submit your application in good time before starting the job. Starting work without an employment permit is not permitted.

• Declaration of employment" form