The obligation to reside in a place designated by the authorities exists for the first three months of stay in Germany. Previously, an asylum seeker was required to permanently reside in a place designated by the authorities, usually in a poor-quality dormitory anywhere in Germany. The applicant was not allowed to move more than 40-50 km from the place of residence within the administrative district of residence. Now, after three months of assigned residence, the applicant can move freely throughout the country. After a three-month quarantine period, an applicant with a place of residence, for example, in Thuringia can visit friends and relatives in Hamburg or Munich. This is important for people who are actively seeking work throughout Germany.
The rule of residence for recipients of social assistance in a place designated by the authorities remains. This means that the applicant is entitled to receive social assistance only at one specific address. By the principle of reverse logic, it follows that social independence frees the asylum seeker from the residence obligation. The vast majority of asylum seekers depend on social assistance. Nevertheless, it is conceivable that military and armed conflicts around the world force even wealthy people to seek a safe haven in Germany. In the face of terrorism and artillery shelling, all are equal. Therefore, it is possible that materially well-off people feel compelled to leave their country and seek refuge in Western Europe.
Material support for asylum seekers is now provided in cash. Previously, such support was predominantly provided in the form of material and food supplies: accommodation in a dormitory, clothing from the Red Cross, food stamps, distribution of food rations, including canned fish and crackers. Now the government has abolished this not very pleasant form of support, and asylum seekers have begun to receive a cash benefit rate. Material support remains the rule during the period of placement in the initial reception camp for asylum seekers.
The threshold for asylum seekers' access to the German labor market has been lowered. After just three months, an asylum seeker acquires the right to seek a job. Here, however, job allocation is on a residual basis. To enter into an employment relationship, a foreign applicant needs a work permit from the German authorities. This permit will be issued after a labor market check. This means that the job offered to a foreigner must not be claimed by privileged German applicants (German citizens and foreigners legally residing in Germany). An asylum seeker can take up a job in the absence of German applicants.
The labor market in Germany is heterogeneous, but employment has remained high for years, with a large number of jobs constantly being created (and constantly eliminated). Therefore, searching for a job on a residual basis is not hopeless, although difficult. Of course, the law prohibits a potential employer from taking advantage of the candidate's forced situation and offering worse working conditions compared to local applicants. The law on minimum wage must be observed.
The residual principle of job allocation automatically loses its force after 15 months of an asylum seeker's stay in Germany. And there is a significant exception to this rule: specialists with higher education, secondary vocational education, or other education according to the list of shortage occupations can participate in the German labor market on equal terms with German applicants after just three months. For this group of shortage specialists, the principle of residual job allocation is abolished. The principles of the EU Blue Card are used to determine the group of shortage specialists.
Asylum seekers have the right to participate in qualification measures of the employment agency for shortage occupations. Successful completion of this measure effectively introduces the quarantine period of 15 months. This provision opens up prospects for labor integration for asylum seekers of working age with qualifications in industrial and energy skilled technicians, engineers, healthcare workers, and other professional groups.
After some settlement in Germany, the competent authorities examine on a case-by-case basis the possibility of extending the residence permit in Germany outside the asylum procedure. In a positive case, the uncertain visa of the asylum seeker is converted into a more secure work visa.
A factor of uncertainty is the duration of the procedure for examining the application for asylum and the rapid rejection of the application due to "obvious unfoundedness." The federal government speaks of a three-month period for examining the application as a target task for the competent authorities. The practical feasibility of this task is a story from another movie. There are no general advice or recipes here; solutions must be found with the help of a knowledgeable lawyer.
Rejected asylum seekers can appeal the decision through instances, including judicial ones. To expedite administrative procedures in the field of granting asylum, the deadlines for appealing a rejection are shortened compared to ordinary justice. The legal objection must be submitted no later than one or two weeks after the decision of rejection is delivered to the addressee. The deadline is very strict, so it is recommended to contact a lawyer in advance to timely settle all legal relations with your attorney and for them to study the essence of the case and the personal circumstances of the applicant. After receiving a negative decision, the lawyer will timely file the necessary legal remedies against deportation. Late submission of the legal objection leads to the failure of the entire asylum process in Germany. During the legal proceedings regarding the case of a rejected asylum seeker, the latter can legally reside in Germany and seek reliable employment in the country.
Comprehensive processing of the entire asylum application case, taking into account employment opportunities, the rules of the 'EU Blue Card', specifics of paperwork and appeals, is too complex for a comprehensive presentation in a general article. Specialist assistance increases the chances of a successful conclusion of the case in justified instances.
Thomas PUHE,
German lawyer
Specially for 'Zagranitsa'.