residence permit

from Wikipedia, the free encyclopedia
Front and back of the carrier form for a residence permit

Aufenthaltsgestattung is called the right to implement an asylum procedure under the provisions of the Asylum Act (Asylum Act) in Germany to be able to stop ( § 55 para. 1 of the Asylum Act). Residence permit is also called the certificate that people receive who have applied for asylum in Germany. This entitles asylum seekers to live in Germany and work under certain conditions until the asylum procedure has been completed, i.e. until the decision on the asylum application has been made.

status

The residence permit is not a residence permit and does not in itself constitute a legal residence within the meaning of the Residence Act (AufenthG). The right of presence to carry out the asylum procedure is based directly on Art. 16a of the Basic Law . Anyone who reaches the federal territory and expresses their asylum request must be admitted and is given the opportunity to apply for asylum. The certificate of residence permit is therefore purely indicative.

Affected group of people

Completed form of a residence permit with an adhesive label. Personal data are deleted.

People who submit an application for the first time (first-time applicants) always receive a residence permit, which is regularly issued by the Federal Office for Migration and Refugees upon initial admission . If the obligation to live in a so-called initial reception facility no longer applies, the applicants will be distributed to the cities and districts. From this point in time, the local immigration authorities are responsible for extensions or new issues of the residence permit ( Section 63 (3 ) AsylG ).

If someone makes another application ( follow-up applicant ), they will only receive a permit again if this so-called follow-up application gives the Federal Office an opportunity to carry out another asylum procedure. Otherwise he will only receive a tolerance .

Crediting of periods of previous residence with residence permit

The periods in which the asylum seeker has a residence permit are only relevant for the past in terms of residence law if the recognition process ends with the recognition of the right to asylum , the granting of refugee status or subsidiary protection ( Section 31 (2) AsylG). Otherwise they will not be counted as periods of previous residence ( Section 55 (3) AsylG). This is based on the idea that asylum seekers are only allowed to stay without complying with the entry and visa regulations to carry out the asylum procedure. By filing an asylum application, no one whose asylum procedure was unsuccessful should benefit from eligible periods of previous residence (e.g. for the settlement permit or later naturalization ).

Limited lounge area

Residence permits generally restrict the stay to the district of the immigration authority to which the asylum seeker is assigned ( Section 56 (1) AsylG; colloquially called residence obligation). In some cases, he is also allowed to temporarily stay outside this area, but only in the regional environment (in the case of the territorial states mostly in the respective administrative district ).

Furthermore, the residence permit does not entitle you to cross the border ( Section 64 (2) AsylG).

Work ban

In § 61 , para. 2 AsylG a (temporary) absolute work prohibition is set for asylum with Aufenthaltsgestattung. The duration of this work ban was shortened from nine to three months with effect from November 6, 2014 by Article 1 No. 1 of the Act to Classify Other Countries as Safe Countries of Origin and to Facilitate Access to the Labor Market for Asylum Seekers and Tolerated Foreigners .

The Asylum Procedure Acceleration Act amended Section 61 (2) AsylG to the effect that asylum seekers from safe countries of origin who applied for asylum after August 31, 2015 may not be employed during the asylum procedure. For these asylum seekers from safe countries of origin, the work ban will continue to apply even if they receive a leave of absence after a negative asylum decision. However, the Freiburg Administrative Court found that for people whose asylum procedure had not already been initiated by an asylum application by August 31, 2015, but had already been initiated by an asylum application, a discretionary decision had to be made in individual cases.

An asylum seeker or tolerated person must always apply for permission from the immigration authorities before taking up employment or an internship . The immigration authority, in turn, may, depending on the individual case, obtain the approval of the Federal Employment Agency internally . Permission from the immigration office is not required if it is a matter of pure internship (the intern looks at the company and the work processes, but does not work actively and does not receive any remuneration).

Since August 6, 2019, the taking up of employment by a person with a Duldung or residence permit is no longer subject to a priority check. Previously, after the end of the absolute work ban in accordance with Section 32 of the Employment Ordinance (BeschV) a. F. Employment ordinance for the first 15 months for asylum seekers and tolerated persons applicable priority test according to § 39 AufenthG . In regions with higher unemployment, the regulation had the effect of a de facto absolute work ban, especially since residence requirements had to be observed due to the residence obligation . Even after 15 months, asylum seekers had to and must apply for a work permit for the first 48 months of their stay, but once the priority check has ceased, the employment agency only checks the working conditions (correct remuneration, etc.).

Irrespective of this, an asylum seeker, like any other person who has acquired a professional qualification in his home country, can apply for recognition of his professional qualifications on the basis of the Act to Improve the Determination and Recognition of Professional Qualifications Acquired Abroad, irrespective of the residence status, and, if possible, an equivalence assessment to obtain. As soon as the work ban no longer applies, this increases his or her chances of success on the labor market or, in the case of professions regulated by federal law (such as nurses), access to the labor market in the profession concerned is made possible. Access to the labor market for professionally qualified asylum seekers is facilitated under certain conditions, cf. Section 32 Employment Ordinance. However, a determination of equivalence according to the BQFG does not entitle you to a residence permit.

According to § 5 AsylbLG, asylum seekers can carry out certain work and receive an additional expense allowance of 0.80 euros per hour; u. U. also be obliged to do so ( see: Asylum Seekers Benefits Act # Job Opportunity ). Before the Integration Act came into force on August 6, 2016, they received EUR 1.05 per hour. Asylum seekers who are not yet under the responsibility of the job center can carry out additional charitable work in the accommodation in which they live - for example in the areas of housekeeping, kitchen and cleaning, language mediation or looking after children and senior citizens - and receive the same amount per hour for this.

Unless a work ban under foreign nationals law has been imposed as a "sanction measure" ( Section 33, Employment Ordinance ), tolerated persons can also, for example, work in the federal voluntary service. This also applies to refugees with the status “Residence Permit” who have been in Germany for at least four months. In both cases, a permit from the immigration authority is required, but not an additional permit from the Federal Employment Agency. In accordance with Section 7 AsylbLG, the income is offset against other benefits to the volunteer or to his family members.

But not all other refugees, like asylum seekers, are subject to a work ban: Quota refugees admitted according to § 23 and § 24 AufenthG may be gainfully employed.

validity

Sample of an adhesive label

For the duration of the obligation to live in a reception center, the validity of the residence permit is limited to three months, otherwise to six months ( Section 63 (2) AsylG). The validity is entered on the adhesive label that is stuck into the residence permit.

Expiry of the residence permit

The residence permit expires to in § 67 mentioned Asylum Act cases, and at the latest after legal validity of the decision of the Federal Office for Migration and Refugees. Residence permits that have become invalid must generally be withdrawn ( Section 63 (4) AsylG).

shape

The residence permit is issued in paper form as a three-part sheet on which an adhesive label with the current validity is applied on the fifth page. Residence permits as electronic residence permits are not provided.

costs

The issuance of the residence permit is free of charge.

Individual evidence

  1. ↑ Art. 1 No. 1 of the law on the classification of other states as safe countries of origin and to facilitate access to the labor market for asylum seekers and tolerated foreigners, buzer.de
  2. ↑ Difference in § 61 AsylG between the versions valid before and after November 6, 2014, buzer.de
  3. ↑ Changes to § 61 as of October 24, 2015 , buzer.de
  4. ↑ "Safe countries of origin": Effects on asylum seekers. Media service integration, May 12, 2016, accessed on July 16, 2016 .
  5. ↑ Az .: 6 K 2967/15, decision of January 20, 2016, VG Freiburg. Quoted from: VG Freiburg: No blanket employment ban for people from safe HKL who applied for asylum before September 1st, 2015. Refugee Council NRW, January 26, 2016, accessed on February 21, 2016 .
  6. ↑ “Internships” and business activities for asylum seekers and tolerated persons. Federal Employment Agency, December 2015, accessed on July 29, 2016 .
  7. ↑ § 32 BeschV nF (new version) in the version valid on August 6, 2019 through Article 2 V. v. 07/22/2019 Federal Law Gazette I p. 1109, buzer.de
  8. ↑ Ordinance amending the ordinance on the Integration Act and the Employment Ordinance of July 22, 2019 Federal Law Gazette 2019 I p. 1109
  9. ↑ GGUA Münster: Labor market access for refugees with tolerance and residence permit, status November 2014 http://www.ggua-projekt.de/fileadmin/downloads/tabellen_und_uebersichten/arbeitsmarktzugang20142.pdf
  10. ↑ Amendment to § 5 AsylbLG from August 6, 2016 , buzer.de
  11. ↑ Voluntary work, especially in accommodation - there are more volunteer refugees working in Berlin than ever before. (No longer available online.) Rundfunk Berlin-Brandenburg, March 29, 2016, archived from the original on September 16, 2016 ; accessed on August 31, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.rbb-online.de
  12. ↑ Leaflet “Use of Refugees in the Federal Voluntary Service”. Paritätischer Wohlfahrtsverband Niedersachsen eV - Federal Volunteer Service, accessed on November 26, 2015 .