Information for employers - Collaboration with refugee artists and culture professionals

Anyone wishing to work with refugee artists and newcomers to the German art and cultural scene must be familiar with the conditions governing residence status for employment, internships and the awarding of contracts. Possible forms of collaboration depend on the specific residence status.

• Ankunftsnachweis (proof of arrival) = The 'proof of arrival' document certifies that an asylum seeker has registered in Germany; it is a prerequisite for submitting an application for asylum; information on registration and issuance can be found here at the Federal Office for Migration and Refugees (BAMF).
• Duldung (exceptional leave to remain) = 'Exceptional leave to remain' refers to the temporary suspension of deportation of persons obliged to leave the country; i.e. persons who are not (or no longer) subject to an ongoing asylum procedure or have had their application for asylum rejected; this exceptional leave to remain is extended (often several times) as long as there is an obstacle to departure.
• Aufenthaltsgestattung (temporary residence permit for asylum seekers) = This residence permit entitles a person to stay in Germany until the asylum procedure has been completed.
• Aufenthaltserlaubnis (residence permit) = The residence permit is a temporary residence title, granted for a specific purpose, which is issued, for example, after refugee status has been recognised or for the purpose of engaging in gainful employment. The purpose is noted on the document as a reference to the relevant paragraph in the German Residence Act (Aufenthaltsgesetz - AufenthG). Often several temporary titles are strung together until a permanent residence permit can be obtained (usually after five years under a temporary residence permit).
• Niederlassungserlaubnis (settlement permit) = The settlement permit is a permanent residence title.

Information on migration to Germany, asylum and refugee protection, etc. can be found on the BAMF (German Federal Office for Migration and Refugees) website.

The documents can also be viewed in the Ein Leitfaden zu Arbeitsmarktzugang und -förderung FLÜCHTLINGE (2018), published by BMAS, the German Federal Ministry of Labour and Social Affairs (only available in German).

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Refugee artists and persons engaged in the cultural sector only have full access to the labour market under certain conditions. The ancillary provisions in the residence documents indicate whether a person has access to the labour market, whether such access is restricted, etc. In the case of electronic residence titles, which are used in most federal states, the ancillary provisions are stored on the chip and printed on an additional sheet. The employer/client should review the documents.

• A settlement permit grants full access to the labour market.
• A residence permit is issued for a particular purpose, which is decisive for unrestricted or restricted access to the labour market. Formally recognized refugees and persons with subsidiary protection status (Section 4 (1) AsylG) usually have full access to the labour market. Other residence permits, for example for the purpose of engaging in gainful employment, are linked to a specific position, training, etc.
• Asylum seekers with a temporary residence permit or exceptional leave to remain are generally not allowed to work in Germany during the first three months of their stay. After four years, they can usually take up any occupation.

In the meantime, the ancillary provisions in the documents must be observed:

• If the residence document states "Gainful employment permitted" ("Erwerbstätigkeit gestattet"), the document holder has unrestricted access to the labour market and can enter into an employment relationship without additional official authorization.
• If the residence document states "Employment permitted" ("Beschäftigung gestattet") or "Self-employment permitted after authorization by the Foreigners' Registration Office" ("Selbstständigkeit nach Erlaubnis durch die Ausländerbehörde gestattet"), the document holder may work as an employee without restrictions, while self-employment requires separate authorization by the Foreigners' Registration Office.
• If the residence document states "Employment permitted after authorization by the Foreigners' Registration Office. Self-employment not permitted" ("Beschäftigung nach Erlaubnis der Ausländerbehörde gestattet. Selbstständigkeit nicht gestattet"), the document holder may obtain a permit for a specific position, while self-employment is not permitted.
• If the residence document states "Gainful activity not permitted" ("Erwerbstätigkeit nicht gestattet"), the document holder may not engage in any form of employment or self-employment.
  This is the case, for example, for persons from what are known as safe countries of origin or if the individual's departure is being impeded through their own fault – if, for example, the duty to cooperate in the removal of obstacles to departure is not fulfilled (see Section 60a (6) AufenthG).

Sample documents for review can be found in the Leitfaden zu Arbeitsmarktzugang und -förderung. Flüchtlinge, Kundinnen und Kunden der Arbeitsmarktagenturen und Jobcenter, BMAS (2017) (only available in German).

Please note!  Persons from safe countries of origin according to Section 29a AsylG (Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal and Serbia) are subject to a general prohibition on employment if they have filed for asylum after August 31, 2015 and have obtained a temporary residence permit for asylum seekers or – following rejection of their application for asylum – exceptional leave to remain.

There is also a ban on employment for persons with a temporary residence permit for asylum seekers who are required to live in a reception centre. The "AE-Wohnverpflichtung" (obligation to live in a reception facility) applies for six weeks and usually overlaps with the employment ban during the first three months of a person's stay. However, this obligation can be extended to a maximum of six months (further information can be found on the BAMF website, see "What conditions apply to access to the labour market").

If an individual is not permitted to engage in gainful activity, he/she should consult a counselling centre to discuss further steps (see information on consultation services below).

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The various types of working relationships (employment, training, internship, etc.) are subject to different requirements. First of all, it is important to classify the desired activity, as this classification determines whether approval must be obtained from the responsible Foreigners' Office.
 

Employment is subject to social security contributions.

• Persons with a settlement permit may enter into an employment relationship without additional official authorization.
• This is also the case for people with a residence permit, but a residence permit may be linked to a specific position, training, etc., which is defined in the relevant documents.
• As a rule, persons with a temporary residence permit for asylum seekers or exceptional leave to remain may usually take up any occupation after a period of four years. Prior to this, the ancillary provisions regulate whether gainful activity is permitted: No further official authorization once the addition "Gainful employment permitted" ("Erwerbstätigkeit gestattet") or "Employment permitted" ("Beschäftigung gestattet") has been made. If the document states "Employment permitted after authorization by the Foreigners' Registration Office" ("Beschäftigung nach Erlaubnis der Ausländerbehörde gestattet"), the document holder must obtain authorization to take up a specific position from the Foreigners' Registration Office. "Gainful activity not permitted" ("Erwerbstätigkeit nicht gestattet") prohibits the document holder from taking up any gainful activity.

If an employment permit must be obtained, the Foreigners' Registration Office is responsible for its issuance. To obtain such a permit, the person seeking employment must submit two forms to the Foreigners' Registration Office: a job description completed by the company seeking to employ the person in question and an application for a work permit completed by the employee. Both forms can be viewed here.
 
As a rule, an employment permit also requires the approval of the Federal Employment Agency (BA). This agency is automatically consulted by the Foreigners' Registration Office if the person applies for an employment permit for a specific position. Employers who want to save time have the option of initiating a pre-approval procedure with the Employment Agency in Berlin.

Foreigners' Registration Offices in Germany Website

Federal Employment Agency – For people coming from other countries Website


Vocational training

In-company trainings are regarded as employment. Therefore, an employment permit must be documented in the residence papers or must be applied for when a concrete training offer becomes available. Unlike regular employment, in-company trainings do not need to be reviewed by the Federal Employment Agency.

In the case of vocational training in particular, it is possible to obtain exceptional leave to remain for education and training in accordance with Section 60 a (2) p. 4 ff AufenthG. "3+2 exceptional leave to remain" permits a person to secure their residence status for the duration of a qualifying, state-approved training. The exceptional leave to remain is granted for the duration of the training (which usually takes three years) and is extended for a further two years if the individual then takes up employment in a related position. If a person quits the training or is not offered a position at the end of the training, one-off, exceptional leave to remain for six months may be granted to give him/her time to find a new employer.
 

Internship

In general, the term 'internship' is used to describe a variety of different activities with different objectives. The assessment with regard to residence status therefore
always requires consideration of the individual case.

Compulsory internships that are a mandatory part of a training or degree program must be approved by the Foreigners' Registration Office.  

Voluntary internships that are independent of school, university studies, or vocational training, etc. are usually regarded as employment. This means that the same conditions apply as for employment: For those with restricted access to the labour market as noted in the residence document (in the case of a temporary residence permit for asylum seekers or exceptional leave to remain), an internship permit must be obtained from the Foreigners' Registration Office and, if applicable, from the Federal Employment Agency. It does not matter whether the internship position is paid or unpaid.

If the identification paper states "Internship permitted according to Section 22 (1) Sentence 2 No. 1- 4 MiLoG," ("Praktikum nach § 22 Abs. 1 Satz 2 Nr. 1- 4 MiLoG gestattet"), the Foreigners' Registration Office has approved the aforementioned internships in advance and no separate internship permit is required.

Job shadowing is also a kind of voluntary internship but does not constitute employment within the meaning of the German Social Security Code (SGB IV). It is regarded as an "observation" of the organization/institution during which the "guest" simply "looks over the shoulder" of the employees in question. Job shadowing may be initiated at any time and is not subject to approval by the Foreigners' Registration Office.
There is no fixed maximum duration. In the case of a longer period, however, care must be taken to ensure that the job shadowing does not, for example, lead to trial employment. If in doubt, it is advisable to consult the Foreigners' Registration Office.

Trial employment serves to determine whether a long-term employment would be a good option for both sides (employer and employee). The intended long-term activity is performed on a trial basis for a certain period and integrated into the organization's workflows. This is usually considered employment that requires the approval of the Foreigners' Registration Office and the Federal Employment Agency.

Additional information about internships:

• A good overview of the different types of internships (internships for career orientation, voluntary internships during university studies, job shadowing, etc.) and their requirements can be found in the IHK Berlin's information brochure entitled Beschäftigung Geflüchteter in Praktika. Leitfaden für Unternehmen (pdf- only available in German). This brochure also contains useful information on the remuneration of internships – for some, remuneration is not compulsory, for others, the statutory minimum wage applies (e.g., voluntary internships of at least three months' duration).
• Information is also available from the Federal Employment Agency, e.g., in the Praktika und betriebliche Tätigkeiten für Asylbewerber und geduldete Personen leaflet (only available in German).

Voluntary Social Year (year of voluntary social service/FSJ) Culture and Federal voluntary service (BFD) Culture and Education

Refugee artists and persons engaged in the cultural sector have the opportunity to engage in voluntary service. The following are the most relevant options in the cultural sector:

• FSJ Culture – voluntary service for people under the age of 27, regulated at state level
• and BFD Culture and Education – voluntary service for people aged 27 and over.

Voluntary service lasts at least 6 and no more than 18 months and requires a commitment of at least 20.5 hours/week.

Activities performed in connection with an FSJ Culture and BFD Culture and Education are regarded as employment. The eligibility requirements described above therefore apply. However, access is somewhat easier than for regular employment, as the approval procedure for asylum seekers and people with exceptional leave to remain does not require the consent of the Federal Employment Agency. The Foreigners' Registration Office must still approve of the position, though.

Information on voluntary service opportunities for refugees in the area of culture and education can be found on the Voluntary Services in the Field of Culture and Education website (available in German, English and Arabic).

Non-profit associations and public cultural institutions can become "places of employment" for voluntary service opportunities. Information on the requirements, costs, social benefits, contacts, etc. can be found on the Voluntary Services in the Field of Culture and Education website.

Information provided by the Workers' Welfare Association (AWO): voluntary service for refugees (only available in German).


How should refugee employees be insured?

Where the employment is subject to social security contributions, employees must insure themselves – through a statutory or private health insurance provider. The insurance is then implemented by the employer in the same way as for any other employee who is subject to compulsory insurance. If the employment is exempt from insurance, e.g., internships for career guidance purposes of less than three months' duration, health insurance coverage is provided by the social benefits authority in many cases. 

In all other respects, the same regulations that apply to dependent and independent workers also apply to refugees with regard to all types of insurance (e.g., unemployment insurance, pension insurance, health insurance, accident insurance and long-term care insurance).

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Who can be commissioned?

Whether a person can take up self-employment also depends on the residence status of the artist and can be gleaned from the residence documents and ancillary provisions. In the case of electronic residence titles, which are now used in many federal states, the ancillary provisions are stored on the chip and printed on an additional sheet. The client should review these documents.

• Formally recognized asylum seekers with a residence permit or settlement permit have full access to the labour market and may therefore also be self-employed. The residence documents or ancillary provisions include a reference that states "Gainful activity permitted" ("Erwerbstätigkeit gestattet"). In individual cases, the residence documents may contain the reference "Employment permitted. Self-employment permitted after authorization by the Foreigners' Registration Office" ("Beschäftigung gestattet. Selbstständigkeit nach Erlaubnis der Ausländerbehörde gestattet"). In this case, an application for authorization to take up self-employment must be submitted to the Foreigners' Registration Office.
• In the case of persons with a residence permit for a particular purpose other than one granted on the basis of a formally recognized asylum application, information on the authorization to take up self-employment can be found in the residence documents or the ancillary provisions. In most cases, authorization must first be sought before taking up self-employment.
• Asylum seekers with a temporary residence permit or persons with exceptional leave to remain are not permitted to take up self-employment.

If authorization for self-employment must be obtained, the Foreigners' Registration Office is responsible for its issuance. When applying for authorization to take up self-employment, the person in question must prove to the Foreigners' Registration Office that the self-employment in question will be sustainable. The authorities must determine how this proof is to be furnished; there is no uniform rule that applies nationwide. To obtain authorization, it is helpful if the applicant submits concrete job offers or orders to the Foreigners' Registration Office.

As a rule, the approval of the Federal Employment Agency (BA) is also required. This agency is automatically consulted by the Foreigners' Registration Office if a person applies for such approval.

Foreigners' Registration Offices in Germany – Website 

Federal Employment Agency – For people coming from other countries

If an individual is not permitted to take up self-employment, he/she should consult a counselling centre to discuss further steps (see information on consultation services below).
 

Registration of self-employment (freelance and business)
There are no special registration requirements for refugee artists and persons engaged in the cultural sector who take up self-employment; they simply have to register their activities like anyone else (see also the information on gainful activity in Germany here):

• Freelance activities must be registered by the freelancer with the responsible local tax office and an application submitted to this office for a tax number.
• Commercial activities must also be registered with the trade office by the business owner. The responsible trade office is always the trade office in the city in which the business is run or where there business is headquartered.

These offices usually review the residence documents and check whether self-employment is permitted.

Further information can be found in the GründerZeiten 10. Existenzgründungen durch Migrantinnen und Migranten brochure, published by the German Federal Ministry for Economic Affairs and Energy (only available in German).

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As a rule, any income is counted towards social security benefits, such as unemployment benefits (Arbeitslosengeld II). However, there are a number of exceptions and exempt amounts depending on the job, income level and social benefit system. Whether a person can receive social security benefits in addition to their income therefore needs to be reviewed on a case-by-case basis. The person who receives the income must report it to the respective office from which they have been receiving benefits.

See also the information provided by the Berlin State Office for Refugee Affairs (LAF)  Anrechnung von Einkommen (only available in German).

Note: If the refugee artist lives in an assigned shared accommodation, it is advisable to discuss the possible impact of any employment on the funding for the accommodation with the responsible contact person for the accommodation. If a person has their own income, they may have to pay a share of the costs.
In Berlin, a cap on the cost of accommodation for working refugees will be introduced starting in 2019. In the future, the maximum contribution required for LAF accommodations will be 344 euros for one person, 590 euros for two persons, 738 euros for three persons and 984 euros for four or more persons. For students and apprentices, the maximum personal contribution will be 210 euros per person.

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In some cases, refugees' identity papers determine where they must live. This is known as the residence requirement (Wohnsitzauflage). Training, university studies and gainful employment in particular can act as reasons that lead to the removal of this requirement. The removal of the requirement must be requested at the Foreigners' Registration Office responsible for the destination and usually involves a discretionary decision. Advice should be sought in individual cases if necessary!

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Gainful employment or vocational training play a major role with regard to the option of staying in Germany permanently.

For example, persons with exceptional leave to remain may obtain a residence permit under certain conditions. In addition to the instrument of exceptional leave to remain for education and training (see above), gainful employment can have a strengthening effect on residence: The granting of a residence permit in the case of sustainable integration (Section 25b AufenthG) and a residence permit for qualified persons with exceptional leave to remain for the purpose of employment (Section 18a AufenthG) are relevant in this regard. A secured livelihood can also have a positive effect on the hardship provision (Section 23a AufenthG).

Persons with a residence permit who apply for a permanent residence title, the settlement permit, are also required to have a regular income. In addition, the required period of prior residence for a settlement permit can be reduced from five to three years if the applicant can secure the majority of his/her own livelihood and also if he/she has good German skills (e.g., settlement permit after 5 years: if 50% of a person's income comes from public benefits and their German language skills correspond to Level A2; settlement permit after 3 years: if 25% of a person’s overall income comes from public benefits and their German language skills correspond to Level C1 (§ 26 AufenthG).

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Initial consultation

Welcome Center Berlin
Tel: +49 (0)30 / 9017 2326, email: willkommenszentrum(at)intmig.berlin.de  
Information

Arbeiterwohlfahrt AWO Berlin (Workers‘ Welfare Association Berlin) – Migrationsberatung für erwachsene Zuwander*innen (immigration counseling for adults)
AWO Berlin runs several advice centers for integration and immigration in Berlin
Addresses and contacts are available here (only available in German)

Kontakt- und Beratungsstelle für Flüchtlinge und Migrant_innen e.V.
A contact point and advice centre für refugees and migrants. Tel.: +49 (0)30 / 615 45 34, email: kontakt(at)kub-berlin.org
Information
 

Labour market access  

bridge – Berliner Netzwerk für Bleiberecht
Tel.: +49 (0)30 / 901723 -21/ -16/ -29, email: bridge(at)intmig.berlin.de
Information (only available in German)

Berliner Beratungszentrum für Migration und Gute Arbeit BEMA
Tel.: +49 (0)30 / 212 40 145 (consultation on labour law), +49 (0)30 / 5130 192 80 (consultation on social law)
Information
 

Recognition of foreign qualifications  

IQ Netzwerk Berlin
Information (only available in German)
 

Self-employment

Guwbi – Gesellschaft für Urbane Wirtschaft, Beschäftigung und Integration e.V.
Tel.: +49 (0)30 / 488 174 88, email: info(at)guwbi.de 
Information

gruenden-in-berlin.de
Free information and consulting services for all phases of business start-up through to business consolidation for all sectors
Information

Kreativwirtschaftsberatung Berlin
Free, personal advice on concepts for creative independence
Information (only available in German)

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