Interior Minister wants to lift work ban for asylum seekers
The core of the project is the lifting of the ban on asylum seekers working. According to the plans of the Ministry of the Interior, asylum seekers should generally be allowed to work after three months of residence in Germany —regardless of whether their asylum application has already been decided.
Another new feature would be that it should also be possible to start work while the person concerned is still living in an initial reception center. Until now, this has often been an obstacle.
According to the ministry, however, the work should not influence the course or outcome of the asylum procedure. The procedure continues regardless of whether someone is working or not. Nor does taking up work automatically confer a right of residence. A spokeswoman explained that anyone who does not receive protection status must still leave the country—even if they have been working in the meantime.
The following are excluded from the planned regulation:
- Persons whose asylum application has already been rejected
- People who do not cooperate in the asylum process, for example by providing false information or concealing their identity
There should be no obligation to work. The reform would merely create an opportunity for work—not an obligation.
Working despite asylum proceedings? This is the current legal situation
Currently, the deadlines and requirements for when asylum seekers are permitted to take up employment are regulated in Section 61 of the Asylum Act.
Currently, the following applies:
- There is a work ban in the first three months after applying for asylum.
- As long as asylum seekers are required to live in a reception center, they are generally not allowed to work.
- This residence requirement can last up to six months, or longer in certain cases.
- If the asylum procedure has not been completed after six months, employment may generally be permitted.
The rules are particularly strict for people from so-called safe countries of origin. Anyone who comes from such a country and submitted their asylum application after August 31, 2015, is generally not allowed to work during the entire asylum procedure.
The planned reform would significantly reduce these hurdles. In future, it should generally be possible to take up employment after three months – even if proceedings are ongoing, if the asylum seeker is required to live in a reception center, or if they come from a safe country of origin.
Aim of the reform: Faster integration
Interior Minister Dobrindt justifies the plan with integration. Speaking to Bild am Sonntag, the CSU politician said: "Anyone who comes here should be able to work—and quickly." The best integration is into the world of work. "The goal is participation through activity." Those who work become independent more quickly and can participate better in social life.
Asylum seekers should generally be allowed to keep their earnings. However, if they receive benefits under the Asylum Seekers Benefits Act, their income should be taken into account, for example, in the costs of accommodation and meals.
According to the Department of the Interior, the reform also aims to reduce dependence on government benefits. Those who earn their own income should contribute more to their own living expenses.
Plan meets with approval and criticism
The plan has been well received within the federal government. Representatives of the SPD welcome the idea of giving asylum seekers faster access to the labor market. SPD deputy parliamentary party leader Sonja Eichwede told Reuters that her party has long been calling for asylum seekers to be allowed to work after just three months.
However, asylum experts consider the plan to be contradictory. They point out that although asylum seekers will be allowed to work earlier, they will still have to leave the country if their application is rejected. Employers would have to expect that an employment relationship would end if no protection status was granted.
Critics also see a contradiction with the interior minister's previous migration policy. In recent months, Alexander Dobrindt has spoken out in favor of a stricter asylum policy. He has advocated for a so-called migration turnaround, more deportations, and a reduction in so-called "pull factors"—i.e., incentives that make Germany particularly attractive to migrants.
However, the Ministry of the Interior emphasizes that there is no contradiction. This is because the work has no influence on the asylum procedure. Those who do not receive protection must still leave the country—even if they have previously worked.
Conclusion: What happens now?
A change in the law is necessary in order for the new rules to be implemented. According to the Ministry of the Interior, the legal basis for this will be created as part of the reform of the Common European Asylum System (CEAS).
The Bundestag is currently debating this reform. Whether and when the planned changes will actually come into force depends on the further legislative process.
One thing is certain: if the "Immediate Work Plan" is implemented, access to the labor market would become much easier for many asylum seekers—but without changing the requirements for protection status.
