German parliament decides on earlier access to the labor market for asylum seekers
The Bundestag recently passed a law that makes it easier for asylum seekers to access the labor market. In the future, many asylum seekers will be allowed to take up employment after just three months in Germany, regardless of whether their asylum application has already been decided or is still pending.
Previously, there was often a longer waiting period, especially for people living in an initial reception center. The new regulation is intended to enable faster entry into the labor market.
However, it is important to note that even under the new law, employment has no influence on the asylum procedure. This means that employment neither increases the chances of being granted asylum nor automatically leads to a right of residence.
SPD calls for right of residence for working asylum seekers
The SPD now wants to go one step further. The party is calling for asylum seekers who have a job and are integrating into society to be granted a residence permit.
From the SPD's point of view, the current rules create a problem for many companies: companies invest time and money in training employees. However, they often do not know whether these employees will be allowed to stay in Germany in the long term. If the asylum application is later rejected, there is a risk of deportation – even if the person concerned is already working.
The SPD sees this as a burden for both employers and asylum seekers. It is therefore calling for a regulation that would give working and integrated asylum seekers long-term prospects in Germany.
CDU/CSU rejects proposal
However, the CDU/CSU, which forms the government together with the SPD, rejects the proposal. In their view, the asylum system must remain clearly separate from the labor market.
The spokesperson for domestic policy, Alexander Throm (CDU), emphasizes that employment should not offer protection from deportation. Anyone who is not entitled to asylum must leave Germany again—regardless of whether they are employed or not.
In the opinion of the CDU/CSU, linking work and the right of residence could create false incentives to use the asylum system as a means of accessing the labor market.
Dispute also over integration courses
In addition to the debate surrounding asylum seekers' right to remain in Germany, there has been criticism regarding access to free integration courses. Since the end of last year, the Federal Office for Migration and Refugees (BAMF) has significantly restricted access to these courses.
According to the new guidelines issued by the Ministry of the Interior, integration courses can now only be attended free of charge by persons who are legally entitled to do so or who are required to participate by the authorities. This includes, above all, persons who have been granted protection, such as recognized refugees or persons who have been granted subsidiary protection.
For other groups, access has changed significantly. Many people—including numerous asylum seekers and refugees from Ukraine —often no longer have free access to integration courses. This makes it more difficult for them to participate in language courses and integration programs.
The SPD criticizes this development. In their view, language and integration courses are an important prerequisite for migrants to find successful and long-term employment.
Skills shortage intensifies the debate
The debate over the right of asylum seekers who are employed to remain in the country is also influenced by the shortage of skilled workers in Germany. Many industries are urgently seeking employees.
Business associations have therefore been pointing out for some time that, from an economic perspective, it can be problematic to deport people who are well integrated and working.
At the same time, a survey of migrants shows that language skills continue to be a major barrier to accessing the labor market. Many people do not apply for jobs if they believe their German is not good enough—even if they already have a language certificate at B1 or B2 level.
What does this mean for asylum seekers in Germany?
For asylum seekers, one thing in particular has changed: access to the labor market is now possible much earlier. Many can start working after just three months of residence.
However, having a job does not automatically lead to a right of residence. The asylum procedure will continue to be decided independently of whether someone is working or not.
Whether working asylum seekers will be able to obtain a residence permit in the future remains unclear. This is currently being debated politically, but there is no agreement between the parties as yet.
