A work permit is the authorization lent by act of administration to attend to a entgeltlichen activity.

Within the European union this right is one the members of all member states being entitled basic liberties.

In the national German right the right is for the practice of entgeltlicher activities besides to a large extent by the fundamental right of the occupation liberty protected. Foreigners require however a work permit, which is given in accordance with condition of the relevant regulations of the foreigner right.

The right to gainful employment

In place of the work agency the foreigner authority for the distribution of the work permit is responsible since 1 January 2005 ("one stop government"). The work agency becomes - so far it after the law and the regulations which were issued in addition necessarily actual only in an authority-internal agreement procedure takes part. The work permit is registered into the residence title ("§ 4 exp. 2 residence law - AufenthG).

A right to "gainful employment", existing after the AufenthG, covers - which in relation to the earlier right an important improvement actual apart from the right to a dependent occupation always also the right to an independent gainful employment ("§ 2 exp. 2 AufenthG).

However a right to "occupation", specified in the law, means in each case an not-independent work in an employer-employee relationship in the sense "§ 7 SGB of the IV ("§ 2 exp. 2 AufenthG). So foreigners with a residence permit may exercise maximally 90 days or 180 half days for the purpose of the study in the year a "occupation", in addition "student part-time works". To be independently gainfully employed they may not however ("§ 16 exp. 3 AufenthG).

People entitled to asylum, convention refugees ("§ 25 exp. 1 and 2 AufenthG) as well as foreigners with an address permission ("§ 9 exp. 1 AufenthG) are a right to "gainful employment" after the residence law.

The same applies to foreign relatives of Germans ("§ 28 exp. 5 AufenthG), to foreigners with stay due to the return option ("§ 37 exp. 1 AufenthG) as well as for foreigners with residence title for former Germans ("§ 38 exp. 4 AufenthG).

To foreigners pulled tight relatives receive right to gainful employment, as far as the foreigner, to whom the family after course takes place, is entitled to the practice of a gainful employment ("§ 29 exp. 5 AufenthG). They receive differently than so far immediately a right to unrestricted entrance to the occupation, as well as if necessary an entrance to independent gainful employment, if the already here living partner possesses these rights.

To profit-making purposes entering foreigners

The permission as an employee again entering foreigner to the entry and for the practice of an occupation ("§"§ 18, 19 AufenthG) regulates the occupation regulation - BeschV.

The criteria of the BeschV apply also to foreign studying with residence permit for the purpose of the study, which would like to remain and work following the study in Germany. They essentially orient themselves at the earlier "enlisting stop exception regulation" and permit an occupation without job market examination only within few ranges, among them some scientific and/or highly qualified activities. In practice-struggle is possible a lodging right with admission the university conclusion appropriate of a qualified activity only for a "job market examination" ("§ 27 No. 3 BeschV).

Subordinate job market entrance

An job market entrance for the foreigner with residence permit for international-law, humanitarian or political reasons (section 5 AufenthG), mentioned in "§ 25 exp. 1 and 2 AufenthG, is not possible for all fields of activity, but as a rule only subordinate (job market examination - "§ 39 AufenthG).

In addition an example: A foreigner finds a job at an employer. He may a work permit however yet not begin, but must only at the foreigner authority request. The foreigner authority passes the procedure on to the work agency, which examines first whether the foreigner is not to be employed to more unfavorable conditions of work than comparable German employees, which means in particular that the local wages (although no tarif wages) must be paid to him at least. In addition the employer of the work agency information must over payment, work times and other conditions of work gives ("§ 39 exp. 2 sentence 3 AufenthG).

The work agency requests then the employer to give a "order for switching" and sends to it up to six weeks long "privileged" unemployed person (German, foreigner with unrestricted permission for the gainful employment). These unemployed persons must apply on the job and present if necessary, in order to avoid possible sanctions (curfew, shortening the basic safety device for work-looking for etc.). If the employer can justify well that under it no suitable applicant was, thus thus privileged employees "not are available" ("§ 39 exp. 2 No. 1 AufenthG), give the work agency the "agreement" to the work permit and send the procedure to the foreigner authority. Then the foreigner authority can give a work permit for the found job, and the foreigner may begin with the work.

Exceptions of the job market examination and thus an unrestricted entrance to the occupation without job market examination are intended according to occupation procedure regulation (BeschVerfV) in the following cases:

- for foreigners, itself permitted at least four years in Germany or waited stopped, as soon as they are in possession of a residence permit ("§ 9 BeschverfV),

- after one year's activity at the same employer for the continuation of the occupation there, "§ 6 BeschVerfV,

- for in the age of under 18 years entered young people with a residence permit and with German graduation and/or final occupation-preparing measure, or with admission of a recognized professional training, "§ 8 BeschVerfV,

- in special cases of hardness. When such e.g. - at least with foreigners with tolerance or residence permit/power for humanitarian reasons - a Traumatisierung in need of treatment applies by war or pursuit, if according to confirmation of the treating specialist the occupation is a component of the therapy in the context of a therapy plan put on at longer term, "§ 7 BeschVerfV, and

- for a part (special qualifications presupposing) of the fields of activity after the occupation regulation valid for again entering foreigners - BeschV, see in addition "§ 2 BeschVerfV.

The foreigner authority must however also in these cases - with exception of the qualified activities after "§ 2 BeschVerfV - which take part work agency, in order of them "agreement" to the work permit to receive. The agreement must be given then however deviating from "§ 39 exp. 2 sentence 1 No. 1 AufenthG without job market examination and without examination of the conditions of work. It does not depend thus on whether privileged applicants are available, and whether the foreigner receives an appropriate remuneration.

The agreement and concomitantly the work permit must in the above mentioned cases of the four years old stay in Germany as well as with humans, who entered as young people, for an unlimited period and without restriction on a certain vocational activity, a certain employer, certain region or determined work times be given ("§"§ 8 sentence 2, 9 exp. 4 i.V.m. 13 BeschVerfV).

Asylum-seekers may not work for the first 12 months at all ("§ 61 exp. 2 AsylVfG), afterwards apply after a subordinate job market entrance the BeschVerfV (see above).

Foreigners with tolerance may not likewise work for the first 12 months ("§ 10 BeschVerfV), afterwards apply after a subordinate job market entrance the BeschVerfV (see above). After "§ 11 BeschVerfV is permissible a work prohibition going beyond that, if the foreigner entered as can be prove, in order to live here from social welfare assistance to, or if he prevents his in all other respects permissible and possible deportation by his behavior vorwerfbar (e.g. missing co-operation during the passport procurement).

Articles in category "Work permit"

We found here 3 articles.