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What is the law for labour market access for refugees and asylum seekers? submitted by Kikia in Work / legal requirements

Hello
I would like to ask about refugees work law .
I am a refugee since 2013 in Germany but I have still legal residence (Aufenthaltgestattung ) in Germany . When we start the job . We need the work permission and we have to submit the application from the company and submit it in Landrasamt for work permission ( Arbeitserlaubnis) Can you tell me the work law . I heard that when a refugee stayed longer more than 3 years in Germany then he does not need work permission ( Arbeitsergebnis) from landrasamt
Is it true ?

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by Lea

Hi @Kikia

I found this useful website by Federal Ministry of Labour and Social Affairs that gives an overview about labour market access/law for refugees in Germany. There is also a summary of the most important deadlines and time limits: bmas.de/EN/Our-Topics/Fres...

The information gathered under the headline “Work permit for asylum applicants & tolerated persons” basically sums up what you need to know. During the first four years (48 months) both Ausländerbehörde and Bundesagentur für Arbeit have to consent with every job offer that you would like to accept. After four years (starting with the 49th month) you get a work permit that doesn’t require the permission by Arbeitsagentur anymore. But Ausländerbehörde still has to agree.

Does that answer your question?

Best wishes, Lea

12 comments
Yes this is the answer But I am still in refugee status . I was rejected by BAMF and now I have appealed in the court for my rejection. I am in Germany since 2013 . My 48 months already completed . My question is that how I will get the work permit that later I do not need the permission
Kikia
I live in Oberbayern and in Oberbayern has different law
Kikia
I know that you are still in the asylum process. But the ruling that you find under the link explicitly applies to asylum seekers. You will get the work permit if you receive a positive result on your asylum application. Until that happens you still need the agreement of Ausländerbehörde.
Lea
It means that in my asylum application I did not get the positive result so I still need the agreement from ausländerbehörde
Kikia
Yes, as far as I can see. But fortunately, since you already passed the 48 month limit, you don't have to wait for Bundesagentur für Arbeit to give their consent anymore.
Lea
Can you tell me that from where can I ask about 48 months rules
Kikia
Where should I go to ask from these rules
Kikia
I think Ausländerbehörde knows best about this. It's them that have to talk to Bundesagentur für Arbeit, so they probably know when that's not necessary anymore ;)
Lea
Hello I have asked from Bundesagentur für Arbeit nd they told me that we do not know about this because Aufenthaltgestattung is belongs to Ausländerbehörde . But honestly I do not want to ask from Ausländerbehörde because I know they do not want to search the exact work law . They do not want to take headache. I am glad to have contact with werefugee.com because I like your guidance.
Kikia
I have Aufenthaltgestattung status and I really want to know that i have completed four years and I want to get the work permit .
Kikia
Hi Kikia - @Marcel @stefan_J4R and @DavidJ know a lot about labour market access. Let's see if they can answer your question.
Thor (Wefugees)
Still I m waiting for answer
Kikia
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