Whether or not refugees are allowed to start an internship, depends on the refugee’s residence permit:
Recognized Asylum Applicants
Recognized asylum applicants (anerkannte Asybewerber) who have already received a positive notice from the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge) may, as a matter of principle, work without restrictions in Germany. The described exceptions from the Minimum Wage Act’s scope are, therefore, fully applicable for recognized asylum applicants doing obligatory or voluntary internships in the meaning of Sec. 22 para. 1 no. 1 – 4 MiLoG.
Refugees with Permission to Reside or Duldung Status
Under certain conditions also refugees with permission to reside (Aufenthaltsgestattung) and persons with temporary suspension of deportation status (Duldung) can be employed as interns:
- Refugees with permission to reside (Aufenthaltsgestattung): Asylum applicants from third-party nations (i.e. states which are not member of the European Union (EU), the European Economic Area (EFA) or Switzerland) who are still in the asylum proceedings usually receive a permission to reside (Aufenthaltsgestattung) from the Federal Office for Migration and Refugees. The permission to reside entitles the refugees to live in Germany until the asylum proceedings have been completed (i.e. until the decision has been taken on the asylum application). Before persons with permission to reside can take up work (either on the basis of an employment contract or an internship-contract), they must obtain permission to take up employment from their Immigration Authority (Ausländerbehörde). The permission to take up employment can now be granted after only 3 months instead of 9 or 12 months as was previously the case. The three-months period starts on the day on which the asylum request is lodged and permission to reside is issued. An additional authorisation of the local Employment Agency (Arbeitsagentur) is not necessary in case of internships in the meaning of Sec. 22 para. 1 no. 1 – 4 MiLoG (a minimum wage will not have to be paid).
- Refugees with Duldung status: Persons who are not or are no longer in the asylum proceedings, or whose applications were rejected but deportation has been suspended, usually receive from the Immigration Authority a “certificate of suspension of deportation”, the so called Duldung. Persons with a Duldung can take up work (either on the basis of an employment contract or an internship-contract), under the same conditions as refugees with permission to reside with the exception that the three-months period does not apply. They may, therefore, commence an internship in the meaning of Sec. 22 para. 1 no. 1 – 4 MiLoG immediately after arrival in Germany once the Immigration Authority gave their permission to take up employment.
PLEASE NOTE: This publication provides information and comments on legal issues and developments. It is not a comprehensive treatment of the subject matter covered and should not be used as a substitute for taking legal advice in individual cases.
(25 January 2016)