Department of Home Affairs and Sport

Applying for a work permit for persons with a temporary residence permit

Here you will find information on how to apply for a work permit if your asylum procedure is still ongoing or you have a temporary residence permit.

Detailed description

If you are currently in asylum proceedings or have been granted temporary leave to remain in Germany, you can apply for a work permit. This also applies if you wish to undertake vocational training or an internship.



If you are in an ongoing asylum procedure, employment is permitted if this is explicitly stated in your residence permit.



If you are temporarily staying in Germany, you are only allowed to work if this is explicitly stated in your temporary residence permit (certificate of suspension of your deportation).



To process your application, the responsible authority usually involves the Federal Employment Agency, which checks the working conditions. If you have already resided continuously in Germany for more than four years, the Federal Employment Agency no longer needs to be involved.



If you are currently in an asylum procedure:


Your work permit will be granted to you for a limited period, the duration of the approval by the Federal Employment Agency. The work permit will be granted to you for a maximum period until your residence permit expires.



If you have a temporary residence permit:


Your work permit will be granted for a maximum of the duration of your current tolerated stay. If your tolerated stay is extended, your work permit may also be extended under certain conditions.

 

Information

Prerequisites

General requirements:

  • You have received a concrete job offer. For this to apply, the form "Declaration of Employment Relationship" must be fully completed (to be completed by the employer).
  • The salary is equivalent to the salary of comparable German employees.
  • The application must be submitted before an employment contract is concluded.
  • The stay in Germany has already lasted at least 3 months.
  • They do not come from a safe country of origin and submitted their asylum application after August 31, 2015.

Additionally, if you are in the asylum process:

  • Employment is not excluded in your residence permit.
  • A work permit cannot be granted if the asylum procedure was obviously unfounded or inadmissibly rejected and there is no suspensive effect of an appeal.

Additionally, if you are temporarily residing in Germany:

  • A valid certificate of suspension of deportation (tolerated stay) is available.
  • The stay lasts at least three months, or at least six months if there is an obligation to stay in a reception facility.
  • You will not receive a work permit if you
    • They have violated their duty to cooperate (for example, failing to obtain a passport, deception regarding identity or nationality),
    • Their temporary residence permit includes the note "Temporary residence permit for persons with unclear identity".

Documents required

  • Valid residence permit or certificate of suspension of deportation (tolerated stay)
  • Identity document (e.g., passport or passport substitute), if available
  • Form “Declaration of Employment Relationship” (to be completed in full by the employer)

In individual cases, the immigration authorities may request further evidence.

Please note

A temporary suspension of deportation is not a residence permit. You receive it if you are required to leave the country, but your deportation is temporarily not possible – for example, for legal, humanitarian, or personal reasons.


Their stay is therefore illegal, but deportation is suspended for the time being.


Your work permit can be revoked if you work under worse conditions than comparable German employees.

Deadlines

You must apply for permission to work before concluding an employment contract.

Procedure

  • They check whether the relevant immigration authority allows online applications or provides a form.
  • Submit the "Declaration of Employment Relationship" form to your employer.
  • When applying in person, you arrange an appointment with the immigration office.
  • The authority will verify your identity and documents.
  • The Federal Employment Agency is usually involved.
  • The work permit is noted in the residence permit or the tolerated stay permit (no separate document).
  • If the tolerated stay is extended, the work permit can also be extended.

Processing time

Processing can take 6-8 weeks, depending on the individual case.

Fees

No

Legal remedies

Contradiction


suit

Legal basis

Section 61 of the Asylum Act (AsylG)


www.gesetze-im-internet.de/asylvfg_1992/__61.html


Section 32 of the Employment Ordinance (BeschV)


www.gesetze-im-internet.de/beschv_2013/__32.html


Section 4a paragraph 4 of the Residence Act (AufenthG)


www.gesetze-im-internet.de/aufenthg_2004/__4a.html


Section 60a paragraph 6 of the Residence Act (AufenthG)


www.gesetze-im-internet.de/aufenthg_2004/__60a.html


Section 42 paragraph 2 no. 4 of the Residence Act (AufenthG)


www.gesetze-im-internet.de/aufenthg_2004/__42.html

Related services

Links on hamburg.de

Address and contact information

Department of Home Affairs and Sport

Mon-Tue 8 a.m.-1 p.m., Thu-Fri 8 a.m.-1 p.m. and by appointment - closed on Wednesdays

Due to the pandemic spread of the disease COVID-19 caused by the pathogen SARS-CoV-2 ("Corona virus"), personal visits in the service building in Hammer Straße are not required and should only take place in emergencies or by appointment.



The following procedures therefore apply until further notice:

  • Holders of residence permits, residence permits, tolerations or other documents relating to residence law (e.g. fiction certificates) whose validity is about to expire will receive a certificate confirming the continuation of legality. At the same time, with this certificate, you will be given a preliminary appointment in a few weeks.
  • The certificate is currently sent by letter
  • If the residents' central office is visited due to the expiry of the validity of the previously valid document, the certificate will be issued in the entrance area
  • The previous document on the right of residence in the federal territory is only valid in connection with the certificate until the preliminary interview.
  • This also applies to all ancillary provisions to your document (e.g. type and scope of permitted employment).
  • Travel abroad and re-entry into the federal territory are only possible with a still valid residence permit.

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Last updated: 08.02.2026