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Dublin procedure and vocational training

Greetings.

I currently live in the Netherlands together with my girlfriend and our two-year old son. Our asylum case was rejected and now we decide to go to Germany to ask for asylum. Regarding the fact that the Dublin regulation would be definitely applied, I would like to know if I can attend any educational or training programs while in a Dublin procedure? 

asked Oct 20, 2023 in Asylum proceedings by Carl6970 | 543 views

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Hi @Carl6970

There are two main types of vocational training in Germany (Ausbildung). There are ones where you train solely at a school (e.g. elderly care, nursing). These you can do while in the Dublin procedure.

The other type is dual vocational training (duale Ausbildung), where you learn partly in a school and partly by working directly at a company. This type is considered as work and in order to work asylum seekers require the permission of the immigration authorities. For the first 9 months (in Dublin and non-Dublin cases), asylum seekers are not permitted to work.

After the 9 months have passed, the situation is as such:

According to the German asylum law, it is not possible to work (including a dual Ausbildung) when another EU country has been deemed responsible for the applicant as part of the Dublin procedure. This is according to paragraph 61, section 1, number 4 of the asylum law (here via online translation):

 https://***-gesetze--im--internet-de.translate.goog/asylvfg_1992/__61.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

However, there was a decision at the European Court of Justice that says a general ban on working for people in the Dublin procedure is not permissible. As a result, asylum seekers in the Dublin procedure must also be given permission to work after 9 months. Here is a link to a short report on the court decision (via online translation):

https://fluechtlingsrat--bw-de.translate.goog/aktuelles/eugh-kein-arbeitsverbot-in-dublin-verfahren/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Best,

Éanna

answered Nov 13, 2023 by mbeon-Éanna
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