Employment of foreigners: Government wants to relax work ban for asylum seekers

Federal Interior Minister Alexander Dobrindt has announced a far-reaching reform with his "Immediate Employment Plan," aimed at integrating asylum seekers into the labor market more quickly and with less bureaucracy . This initiative could be a valuable incentive for integration, something many experts and employers' associations have long awaited. As a law firm specializing in visa law, we see this project as a potentially significant step toward reducing bureaucratic hurdles and promoting "participation through employment," as the Minister puts it.

The status quo: What are the obstacles for asylum seekers?

The current legal situation for asylum seekers who wish to work is complex and often demotivating. At its core is Section 61 of the Asylum Act (AsylG) , which regulates employment. Currently, asylum seekers are generally subject to an absolute ban on working for the first three months after submitting their application . However, this waiting period can be drastically extended as long as they are required to reside in a reception center. Since this residency requirement can last up to six months, or even longer in certain cases, access to the labor market is significantly delayed. Even stricter rules apply, particularly to individuals from so-called safe countries of origin, often preventing them from working for the entire duration of the asylum process. These legal hurdles result in valuable time being wasted that could be used for integration.

What does the "immediate start-up plan" entail?

The core of the reform proposal lies in lifting the work ban for asylum seekers after just three months of residence in Germany, regardless of whether their asylum application has already been decided. A crucial aspect of the reform is that taking up employment will also be possible if the individuals concerned are still required to live in an initial reception center. This would break the current link between the obligation to reside in a facility and the work ban, paving the way for earlier employment. The Interior Minister emphasizes that work is the best path to integration, as it promotes independence and facilitates participation in social life. It is important to understand that this is a right to work, not an obligation . The reform aims to create opportunities, not to coerce anyone.

Another important aspect of the planned new regulations is that working asylum seekers will generally be allowed to keep their earnings. However, if they receive social benefits under the Asylum Seekers' Benefits Act, this income will be taken into account , for example, when calculating housing costs. This aims to reduce dependence on state benefits and enable asylum seekers to become self- sufficient more quickly .

Classification from a legal perspective and exceptions

As a law firm specializing in visa law, we are following these developments with great interest. If this reform is implemented as planned, it would significantly ease access to the labor market for a large proportion of asylum seekers. We are currently examining what specific impact this will have on advising our clients and how the approval processes at immigration authorities and the Federal Employment Agency might change.

Nevertheless, it is important to carefully examine the legal framework and the exceptions provided for in the reform plan. It was explicitly emphasized that the new rules do not change the process or outcome of the asylum procedure. The decision as to whether someone receives protection status or is rejected is made independently of whether the person is employed. Furthermore, taking up employment does not automatically grant permanent residency . Those who are not granted protection status must still leave the country, even if they have worked in the interim.

Explicitly excluded from the new regulation are persons whose asylum application has already been rejected, as well as those who do not cooperate in the procedure, for example by providing false information or concealing their identity.

Conclusion: A step in the right direction, but with open questions.

The "Immediate Employment Plan" has the potential to be a valuable and long-overdue incentive for integration . The possibility of starting work after just three months and the reduction of bureaucratic hurdles such as the requirement to reside in a specific location is a positive step towards faster integration and less dependence on social welfare. As we have seen, economic experts and employers' associations also welcome these plans, as they can be an important tool in combating the labor shortage.

From our perspective as a law firm, we must also take the criticisms seriously. The reform alone will not be sufficient if integration and language courses are simultaneously cut , as these are essential for preparing asylum seekers linguistically for the job market. Furthermore, we must closely monitor the progress of the parliamentary deliberations to see which final regulations and exceptions will be enshrined in the legislation. The debates surrounding the integration of refugees into the labor market are complex, and it remains to be seen how effective the new regulations will be in practice.