Regulation on the work permit for foreign workers (Working-approval Regulation-ArGV)

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ArGV

Date of completion: 17.09.1998

Full quote:

" Regulation of 17 September 1998 (Federal Law Gazette) (BGBl. 2899), as last amended by Article 10 of the Law of 17 June 2013 (BGBl. I p. 1555).

Status:

Last amended by Art. 10 G v. 17.6.2013 I 1555

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 25.9.1998 + + +) 

  

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Input formula

On the basis of § 288 (1) (1) and (2) and (2) and (4) to (8) of the Third Book of Social Law-Employment Promotion-(Article 1 of the Law of 24 March 1997, BGBl. 594) in conjunction with Article 81 (1) of the Labour Promotion Reform Act of 24 March 1997 (BGBl. 594), the Federal Ministry of Labour and Social Affairs is responsible for: Unofficial table of contents

§ 1 Work permit

(1) The work permit can be granted according to the situation and development of the labour market (§ 285 (1) sentence 1 (1) and (2) of the Third Book of Social Law)

1.

for a specific professional activity in a particular establishment, or

2.

without limitation to a specific professional activity and without limitation to a specific operation.

(2) By way of derogation from § 285 (1), first sentence, no. 1 and 2 of the Third Book of the Social Code, the work permit may also be issued if:

1.

the failure, taking into account the particular circumstances of the individual case, would constitute a particular hardship; or

2.

the foreigner continues to work with the same employer after one year of legal employment.

The maximum limits for the period of validity of work permits according to the Anwerbestopausyers Ordinance of 17 September 1998 (BGBl. 2893), or on the basis of an intergovernmental agreement, shall remain unaffected. Unofficial table of contents

§ 2 Work entitlement

(1) By way of derogation from § 286 (1) sentence 1 No. 1 of the Third Book of the Social Code, the right to work shall be granted even if the foreigner

1.

with a German family member or as a life partner with a foreigner who is to be granted freedom of movement in accordance with the legislation of the European Communities or under the Agreement on the European Economic Area, in a family-friendly way Living and having a residence permit issued in accordance with Section 23 (1) of the Foreigners Act,

2.

has a valid travel document issued by a German authority for refugees, or

3.

has been taken over in accordance with § 33 of the Foreigners Act and has a residence permit.

(2) The right to work under paragraph 1 shall be granted to the spouse or partner of a German or a foreign person if the conditions for the extension of the residence permit pursuant to Article 19 (1) (1) or (3) and (4) of the residence permit are met. Foreign law. (3) A foreigner who has a residence permit or a right of residence shall be granted the right to work if he/she has a residence permit or a residence permit. before the completion of the 18. Year of life traveled to the home country and here

1.

has acquired a school leaving certificate of a general school or a qualification in a state-approved or comparable vocational training course,

2.

has taken part in a full-time vocational school year or in a full-time non-vocational training course lasting at least ten months on a regular basis and with appropriate cooperation, or

3.

-a training contract for vocational training in a state-approved or comparable training occupation.

(4) A foreigner who has a residence permit or a residence permit is up to the completion of the 18. to grant entitlement to work if, in the last five years before the beginning of the period of validity of the right of employment, it has been legally resident in the territory of the country. Are at the completion of the 18. As long as the conditions set out in the first sentence are fulfilled, the right to a right to work shall remain in force as long as the foreigner continues to reside legally in the country without interruption. (5) A foreigner who is subject to the provisions of § 16 of the German Federal Republic of Germany. 1 or 2 of the Foreigners Act has been granted a residence permit. (6) Through periods of a stay abroad up to six months in each case, the time limits pursuant to § 286 (1) sentence 1 no. 1 shall be granted. Point (b) of the Third Book of the Social Code and not interrupted in accordance with paragraph 4. Sentence 1 shall apply in the case of periods of stay abroad due to the performance of compulsory military service if the foreigner reenters the service within three months of dismissal from the military service. Periods of time spent abroad in accordance with the first sentence up to the period of three months and periods of military service in accordance with the second sentence shall be counted up to a period of six months in the period of six months. Unofficial table of contents

§ 3 Time to wait

The issue of a work permit for the first-time employment shall be granted to foreigners who

1.

have a residency or a Duldung,

2.

have a temporary residence permit or a residence permit as spouses, life partners or children of a foreign country,

be subject to the fact that the applicant has been admitted or tolerated in the country immediately prior to the application for one year (waiting time). The waiting period shall not apply to spouses, life partners and children of a foreign country who has an indefinite residence permit or a residence permit. Unofficial table of contents

§ 4 Spatial scope and duration of work permit

(1) The work permit shall apply to the District of the Agency for Work which it has granted. It can be extended or restricted regionally. The work permit will be limited to the duration of employment, at the latest for three years. (2) The work permit according to § 2 para. 3 no. 3 will be limited to the duration of the training. Unofficial table of contents

§ 5 Relationship with the status of residence

By way of derogation from Section 284 (5) of the Third Book of the Social Code, the work permit may also be granted to foreigners,

1.

which are exempt from the requirement of residence permit if the exemption is not restricted to stays of up to three months or stays without the inclusion of an employment subject to a permit,

2.

who have a residence permit (§ 55 of the Asylum Procedure Act) and are not obliged to reside in a reception facility (§ § 47 to 50 of the Asylum Procedure Act),

3.

the residence of which is deemed to be permitted under Section 69 (3) of the Foreigners Act,

4.

that are subject to travel obligations, as long as the expiring obligation is not enforceable or a suspended travel obligation has not yet expired,

5.

have a Duldung (§ 55 of the Aliens Act), unless these foreigners have gone to the country to obtain benefits under the Asylum Seekers Benefits Act, or in these aliens, for reasons which they have to represent the measures are not completed (Article 1a of the Asylum Seekers Benefits Act), or

6.

the deportation of which is suspended by a judicial order.

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§ 6 Reasons for the Say

(1) The work permit shall be refused if:

1.

the employment relationship has been established as a result of illicit work placement or recruitment,

2.

the employee wants to be employed as a temporary agency worker (Section 1 (1) of the Employees ' Redundancy Act).

(2) The permit to work may be denied if:

1.

the foreigner against § 404 (1) or (2) (2) (1) or (3) to (13) of the Third Book of the Social Code, against § § 10, 10a or § 11 of the Schwarzarbeitscombat Act or against § § 15, 15a or 16 (1) no. 2 of the Employees ' Admission Act in a culpable way,

2.

the worker does not return to the Agency for work a revocable or erratic work permit, in spite of an invitation to work; or

3.

are important reasons in the person of the worker.

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Section 7 Revocation

(1) The work permit may be revoked if the foreigner is employed in less favourable working conditions than comparable German employees (Section 285 (1) sentence 1 No. 3 of the Third Book of the Social Code) or the facts of § 6 Paragraph 1 or Section 6 (2) no. 1 or 3 is fulfilled. The revocation shall be admissible only within one month from the date on which the authority becomes aware of the facts justifying the revocation and a hearing has taken place in accordance with Article 24 of the Tenth Book of Social Law. (2) The following Article 4 (1), third sentence, for a work permit granted for a longer period of time than one year may, independently of paragraph 1, be revoked on the grounds of the labour market situation at the end of the first or second year of its period of validity. The revocation shall be admissible only if it has been reserved for the granting of a work permit and if the worker is entitled to work no later than one month before the end of the first or second year of validity. (3) , it may be reclaimed by the Authority. Unofficial table of contents

§ 8 Erdeleting

(1) The work permit shall be issued if:

1.

the foreigner does not fulfil any of the conditions laid down in § 5,

2.

the foreigner will leave and his/her residence permit (§ 5 of the Aliens Act) will be issued as a result of the departure or during his/her stay abroad; or

3.

the training contract is terminated prematurely in accordance with § 2 para. 3 no. 3.

(2) In the cases referred to in paragraph 1 (1), the work permit shall not be deemed to be granted if, during its intended period of validity, the conditions set out in § 5 are resumed. (3) In the cases referred to in paragraph 1 (2), the work permit shall not be deemed to have been granted. , if:

1.

the foreigner stays abroad on behalf of his or her client, with the continuation of his/her employment relationship or for the performance of military service abroad; or

2.

the foreigners are not staying abroad for more than 12 months on the occasion of the birth of a child

and the foreigner or the foreigner is granted a residence permit again. If the period of validity of a permit to work ends during the stay abroad in accordance with the first sentence, the foreigner shall be granted a permit to work after returning to the territory of the country which corresponds to the permit he had prior to departure. (4) If the work permit is issued, it may be reclaimed by the Authority. Unofficial table of contents

§ 9 Employment permit-free employment

Do not require a work permit

1.

the persons referred to in § 5 (2) of the German Works Constitution Act and executive employees who have been granted general authority or prokura;

2.

senior employees of an international group or company for employment in the domestic group or company part at the management, management and management level, or for an activity in other senior management The position which is of crucial importance for the development of the Group or company, if the employment is carried out within the framework of the exchange of staff for the internationalisation of the management circle and the duration of the employment in Germany for five years;

3.

Travelling personnel in international passenger and freight transport by employers with head offices abroad, if:

a)

the vehicle is registered in the host State of the employer; or

b)

the vehicle is registered in the territory of the country for the activity of the employees on scheduled services with bus and coach services;

4.

the crews of seagoing vessels, inland waterway vessels and aircraft, with the exception of aircraft drivers, flight engineers and flight navigators, in respect of an activity in the case of domestic undertakings;

5.

Persons who, while retaining their habitual residence abroad, are posted abroad by their employer, with their head office abroad, in order to:

a)

carry out assembly and maintenance work or repair of delivered, ready-to-use equipment or machinery used for commercial purposes;

b)

orders equipment, machines and other things to be taken off or to be instructed in its operation,

c)

to complete an operating course in the context of export-supply or licence agreements,

d)

Establish, dismantle and supervise company-owned trade fair stands or trade fair stands for a foreign company established in the host State of the employer or to provide comparable services which are not intended for business partners in the Domestic services shall be subject to the same rights as those resident in the country concerned in the country concerned,

if the duration of the employment does not exceed three months;

6.

persons who, while retaining their habitual residence abroad, are engaged in lectures or performances of a particular scientific or artistic value or in the case of performances of a sporting character in the territory of the country, provided that the duration of the Activity not exceeding three months;

7.

Persons who only occasionally appear with the daily performances;

8.

Teaching staff, scientific staff and assistants to universities or scientific staff to public-law research institutions or to research institutions whose financial needs are exclusively or mainly from the Public authorities or private research institutions, where the employment of the broadcaster is also in the public interest due to its specific professional knowledge, as well as teachers in public schools and in state-approved private replacement schools;

9.

Students and pupils at universities and colleges in Germany for temporary employment, students and pupils of foreign universities and technical schools for a holiday in the context of an international exchange programme student or comparable institutions in agreement with the Central Agency for Employment Services of the Federal Employment Agency, as well as students and students for one of a service provided by the Federal Employment Agency Holiday employment, if the total employment does not exceed three months a year;

10.

Persons for an activity in a diplomatic or consular post or at an international organisation, as well as private domestic workers of members of diplomatic and professional consular representations, if they are in favour of the stay do not require a residence permit to carry out this activity;

11.

journalists, correspondents and rapporteurs, who are active in their home country for their employer and are recognised by the Press and Information Office of the Federal Government for the purpose of carrying out this activity;

12.

Professional sportsmen and coaches whose use in sports clubs or comparable sports clubs, as far as they participate in competitive sports, is provided for when the competent sports federation has its athletic qualification or its certifies professional competence as a coach and the club or establishment pays a salary sufficient for the livelihood;

13.

Persons subject to the provisions of Article 6 (1) of the Supplemental Agreement to the NATO Staff Regulations (BGBl). 1183, 1218) are exempt from the requirement of a residence permit as members of a force, a civil service or as members of a military force;

14.

Persons employed by an employer established in the territory of Germany as an employee in the commercial sector abroad and who, while retaining their habitual residence abroad, temporarily work in the territory of the country in the context of their employment if the activity does not exceed three months;

15.

Students of foreign universities and universities of applied sciences for an internship of up to six months, if the employment is directly related to the degree programme of the intern and within the framework of an international Exchange programme for student or comparable institutions in agreement with the Central Agency for Employment Services of the Federal Employment Agency;

16.

Foreigners, the 16. and not yet the 27. In accordance with the Law on the Promotion of a Voluntary Social Year, in accordance with the Law on the Promotion of a Voluntary Ecological Year, or in the context of a voluntary year of voluntary social year, comparable programme of the European Community;

17.

Persons during a temporary traineeship within the framework of a programme funded by the European Union, if the employment is in agreement with the central office of employment agency of the Federal Employment Agency.

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§ 10 Work permit rate

The work permit shall be replaced by the registration certificates for guest workers who, in the framework of an exchange of guest workers agreed with other countries, shall be replaced for the purpose of continuing vocational and linguistic training of a host worker The Federal Employment Agency's office is issued. Unofficial table of contents

§ 11 Jurisdiction

(1) The work permit shall be applied for by the foreigner in writing to the Agency for work in whose district the place of employment of the worker is situated. The place of employment shall be the place where the seat of the establishment or establishment is located. In the case of employment with changing workplaces, the place of employment of the place responsible for the payroll shall be deemed to be the place of employment. (2) The application shall be made before the start of the employment or before the expiry of the period of validity of an already granted employment. (3) In special cases, the work permit may be granted ex office. (4) The work agency responsible for work referred to in paragraph 1 shall decide on the issue and revocation, withdrawal and cancellation of the work permit. Work permit. (5) The Bundesagentur für Arbeit (Federal Employment Agency) may have jurisdiction over the application, which , by way of derogation from paragraphs 1 and 4, the granting and revocation of the withdrawal and the withdrawal shall be transferred to other departments. Unofficial table of contents

§ 12 Form

(1) The work permit must be given in writing to the employee. (2) The work permit for frontier workers shall be identified as such. (3) The revocation, withdrawal and cancellation of the permit to work shall be the worker's right to work. in writing. Unofficial table of contents

Section 12a Enlargement of the European Union

(1) A right of work shall be granted to nationals of the Republic of Croatia, provided that they have been admitted to the labour market for an uninterrupted period of at least 12 months in the Federal Republic of Germany. This does not apply to such nationals as set out in the first sentence, who are posted to the Federal territory by an employer established abroad. (2) If the nationals referred to in paragraph 1 have family members, they shall be entitled to work if they: with the employee have a common place of residence in the federal territory. Family members are the spouse, the life partner, as well as the relatives in the descending line, which is not yet the 21. (3) A right of employment granted under paragraphs 1 and 2 shall be issued if the foreigner is to leave one of its nature for non-temporary reasons, or a granted residence permit-EC shall be cancelled or revoked. (4) (omitted) Unofficial table of contents

Section 12b Experts from the new EU Member States and their family members

(1) No work permit-EU requires skilled workers who have a higher education or equivalent qualification, employment equivalent to a professional qualification, and their right to free movement Members of the family. (2) The work permit-EU shall be granted to persons for occupations which require qualified vocational training and to members of the family who are entitled to freedom of movement without examination in accordance with Article 39 (2), first sentence, point 1 of the Residence Act. Unofficial table of contents

§ 12c apprentices from the new EU Member States

No working permit-EU requires trainees for a qualified company training in a state-approved or comparably regulated training occupation. Unofficial table of contents

§ 12d Household aid

In accordance with § 284 (1) of the Third Book of the Social Code, the EU's work permit can be used for an insurance-subject full-time employment for domestic work and necessary care-based everyday assistance in households with Persons in need of care as defined in the Eleventh Book of Social Code shall be issued if the persons concerned are responsible for the procedure, the selection and the Mediation has been imparted. Within the first year after the start of employment, the work permit-EU can be granted for the exchange of the employer. Unofficial table of contents

§ 12e Seasonwork

No working permit-EU requires persons for employment in agriculture, forestry, hotel and catering, fruit and vegetable processing, and sawmills of at least 30 hours per week on average at least six hours working day, up to a total of six months in the calendar year. The period for the employment of workers as set out in the first sentence shall be limited to eight months in the calendar year for an establishment. The second sentence shall not apply to fruit, vegetable, wine, hops and tobacco farms. Unofficial table of contents

§ 12f Schaustellergehilfen

In the case of employment in the display sector, nationals may be granted a work permit-EU for up to a total of nine months in the calendar year if the persons concerned are to be covered by the provisions of Section 284 (1) of the Third Book of Social Code. The Federal Employment Agency (Bundesagentur für Arbeit) agreed with the employment administration of the country of origin on the procedure, the selection and the conciliation procedure. Unofficial table of contents

§ 12g Fertighauser

The work permit-EU can be granted without examination in accordance with Article 39 (2), first sentence, point 1 of the Residence Act, persons established by a prefabricated house manufacturer established in a Member State in accordance with Section 284 (1) of the Third Book of the Social Code for , up to a total of nine months in the calendar year, to be sent to the country in order to set up and assemble finished and built-up houses, as well as finished and outbuilding halls, manufactured by their employer abroad. The first sentence shall also apply to the installation work required in connection with the installation. Unofficial table of contents

§ 12h Work contracts

The work permit-EU can be granted for employment in the framework of the work contract worker agreements with the Republic of Bulgaria, with the Republic of Romania and the Republic of Croatia, to the extent that the EU Accession Treaty provides for transitional arrangements for the freedom to provide services. The Federal Ministry of Labour and Social Affairs can grant the work permit-EU through the Federal Employment Agency to employees of the construction industry in the context of work contracts in relation to the employed commercial persons of the Limit the number of companies resident in Germany. Care must be taken to ensure that small and medium-sized enterprises are also adequately taken into account in the national territory. Unofficial table of contents

§ 13 EEC-Turkey Association Agreement

More favourable provisions of Decision No 1/80 of the EEC-Turkey Association Council (Official News of the Federal Labour Office No 1/1981, p. 2) on access by Turkish workers and their family members to the labour market remain unaffected. Unofficial table of contents

Section 14 Transitional provisions

(1) A work permit issued in the period from 1 January 1998 until the entry into force of this Regulation shall retain its validity until the expiry of its period of validity. (2) § § 7 and 8 shall apply mutatily to work permits which, due to the transitional arrangements provided for in Article 432 of the Third Book of the Social Code, continue to apply from 1 January 1998, or which have been granted in the period from 1 January 1998 to the entry into force of this Regulation. Flight engineers and flight navigators of air carriers whose employment relationship is prior to 1 January By way of derogation, by way of derogation, in 1973, and by helicopter guides to air carriers and aircraft operators, flight engineers and flight navigators to other undertakings whose employment relationship has been established before 1 August 1976, § 284 (1) sentence 1 of the Third Book of the Social Code, in conjunction with § 9 No. 4, no permit to work. Unofficial table of contents

Section 15 Entry into force

This Regulation shall enter into force on the day after the date of delivery.