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asked Jul 17, 2018 in Work by martinh
Just that they would need to apply in the German embassy in Athens if they did not have a long-term residence in Greece (which I think is 12 years there as they don't issue the EU permit after 5 years to refugees)

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Hello @martinh

Welcome to the Wefugees community and thank you for your question.

In general, it is possible to work in Germany and get a (temporary) residence permit. You need a passport, a concrete job offer, you have to show that you will be able to secure your living expenses on your own (through your work contract), and there mustn't be any reasons to expel you (e.g. due to previous criminal acts etc.).

Please check out this PDF provided by the German Federal Office for Migration and Refugees for extensive information. Especially section "2. Residence for Employment" (page 14) is of interest for you:

http://www.bamf.de/SharedDocs/Anlagen/EN/Publikationen/Broschueren/bildung-und-beruf-in-deutschland.pdf?__blob=publicationFile

It is possible to apply for a permanent residence permit after five years of residing in Germany. Read section "IV. What legal requirements must I meet if I want to stay in Germany permanently?" in the PDF linked above for further information.

Best regards,

Thorgen

answered Jul 18, 2018 by Thor
selected Jul 18, 2018 by martinh
Thanks Thorgen for your answer and from all the information available I would tend to agree. However, I did receive the following message from a lawyer in Germany today:
For refugees with asylum or subsidiary protection in Greece it is possible to travel to Germany and stay there for three months (within six months) as a tourist.
If they like to work and/or stay longer they have to apply for residence permit which allows to work.
With a long-term residence for Greece they can apply for the residence permit in Germany at the Foreigner Registration Office. (Section 38a, Residence Act).
Without a long-term residence they have to apply at the German Embassy in Greece for the correct visa and residence permit.

 

In both cases refugees with asylum or subsidiary protection in Greece don`t have an equal access to the German labor market.

Nationals from countries that do not belong to the European Union (EU) - so-called third country nationals - need a residence title and access to the German labour market is determined by the provisions of the German Residence Act (AufenthG).
For a residence for the purpose of gainful employment, the approval by the Federal Employment Agency (BA) is always required. This approval can be obtained in an internal procedure from the German agency abroad in the country of origin (visa centre) or the responsible local immigration authority in Germany. The permit for taking up employment is awarded along with the residence title.
For an approval, it is always required that
a legislative provision grants access to the German labour market
there is a concrete job offer and
there are no preferential workers available for the concrete job and the conditions of employment are comparable with those of domestic employees (labour market test).
See for more information: https://www3.arbeitsagentur.de/web/content/EN/WorkingandJobSeeking/WorkinginGermany/index.htm
To pass this procedure it is important that contract of employment is in a work field where works are needed. One lead could be the so called whitelist: https://www3.arbeitsagentur.de/web/content/EN/WorkingandJobSeeking/WorkinginGermany/Whitelist/index.htm
A far as I can see, the message you quoted doesn't contradict with the answer I gave. Or is there anything that remained unclear?
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