Regulation On The Work Permit For Foreign Workers

Original Language Title: Verordnung über die Arbeitsgenehmigung für ausländische Arbeitnehmer

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Regulation on the work permit for foreign workers (work permit regulation - ArGV) ArGV Ausfertigung date: 17.09.1998 full quotation: "work permit Decree of 17 September 1998 (BGBl. I S. 2899), most recently by article 10 of the law of 17 June 2013 (BGBl. I p. 1555) is has been modified" stand: amended by art. 10 G v. 17.6.2013 I in 1555 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 25.9.1998 +++) input formula on the basis of § 288 1 No. 1 and 2, as well as no. 4 to 8 of the third book the social law - employment promotion - (article 1 of the law of 24 March 1997, BGBl. I p. 594) in conjunction with article 81 sentence 1 of the Arbeitsförderungs reform law of 24 March 1997 (BGBl. I p. 594) directed the Federal Ministry of labour and Social Affairs: section 1 work permit (1) the work permit can on situation and development of the labour market (section 285, paragraph 1, sentence 1 Nos. 1 and 2 of the) Third book the social law) granted are 1 for an occupational activity in a particular operation or 2. without limitation on a particular professional activity and not limited to a specific operation.
(2) the work permit may be granted notwithstanding even Nos. 1 and 2 of the third book of the social code by section 285, paragraph 1, sentence 1, if 1 a special hardness would mean the refusal, taking into account the particular circumstances of the individual case, or 2. the foreigners after a year of legal employment is continuing employment with the same employer.
The upper limits for the duration of work permits after the recruitment exception regulation of 17 September 1998 (Federal Law Gazette I p. 2893) or on the basis of an intergovernmental agreement remain unaffected.

§ 2 work (1) which will work authorization by way of derogation from section 286, subsection 1, sentence 1 No. 1 of the third book of the social code even granted permission, if the alien 1 with a German family member or as a life partner with a foreigner, freedom of movement is the under the legislation of the European communities or by the agreement on the European economic area, lives in a family life community and has granted residence permit according to § 23 paragraph 1 of the law on foreigners , 2. a by a German public authority has issued valid travel document for refugees or 3rd according to § 33 of the Aliens Act has been adopted and has the power of a stay.
(2) the working permission is the spouse or partner of a German or a foreign national referred to in paragraph 1 granted if the conditions for the extension of the residence permit are no. 1 or 3 and 4 of the Aliens Act pursuant to section 19 para 1. Sentence 1 shall apply accordingly if the marital life-partnership or life partnership community.
(3) a foreigner, a residence permit or stay power has, is the working permission granted if prior to completion of the 18th year of life in the country went and here 1 has acquired a school of a secondary school or a degree in a State-approved or comparable regulated vocational training, 2 on a professional full-time school or extracurricular pre-vocational full-time measure at least a permanent regular and reasonable cooperation has participated or 3. a training contract for a vocational training in a State-recognized or comparable regulated vocational training concludes.
(4) an alien who holds a residence permit or residence authorization, is to give working permission if he continuously legally has been in the last five years prior to the period of validity of the work permission in Germany until the age of 18. The prerequisites of sentence 1 are met, at age of 18 remains the right to the grant of a work permission, as long as is the foreigners continued continuously legally resident in Germany.
(5) work permission to grant is a foreigner, which on the basis of section 16, paragraph 1 or 2 of the Aliens Act, a residence permit has been granted.
(6) by times of abroad up to the duration of each six months the periods according to § 286, subsection 1, sentence 1, point (b) of the third book of the social code are no. 1 and not interrupted pursuant to paragraph 4. Sentence 1 applies accordingly to times of abroad due to compliance with statutory compulsory military service, when again enters the foreigners three months after discharge from military service. On the periods times of the stay of abroad are counted pursuant to sentence 1 up to the period of three months and periods of military service pursuant to sentence 2 to the period of six months.

§ 3 waiting time is the granting of a work permit for a first-time employment for foreigners, the 1st have a residence permit or a submission, 2. as spouse, life partner or children of a foreigner have a temporary residence permit or residence permit, depending on of them made that to the applicant immediately prior to applying for a year allowed or tolerated at home stopped (latency). The waiting period does not apply to spouses, partners and children of a foreign national who holds a permanent residence permit or a residence permit.

Article 4 territorial scope and duration of the work permit (1) the work permit applies to the district the employment agency, which has given them. She can be regional expanded or limited. The work permit is limited to the duration of employment, at the latest three years.
(2) that article 2 par. 3 is no. 3 on the duration of the training work permission after temporary.

Article 5 relationship to the immigration status the work permit can by way of derogation from § 284 paragraph 5 of the third book of the social code also foreigners be granted, 1 by the requirement of residence permit are exempt, if the liberation not on stays of up to three months or stays without requiring approval employment is limited, 2. have a stay permit (§ 55 of the asylum procedure Act) and are not required , in a recording facility to live (articles 47 to 50 of the asylum procedure Act) 3 whose stay according to section 69, paragraph 3, of the Aliens Act is considered to be allowed, 4 which are subject to a departure, as long as the exit duty not executable or compulsory applied leave has not yet expired, 5 have a tolerance (article 55 of the Immigration Act), it is because, these foreigners have gone inland, to obtain services after the asylum seekers power law , or when these foreigners residence-terminating measures can not of them due to reasons are (§ 1a of the asylum Service Act), or whose deportation through a warrant is subject to 6.

§ 6 the work permit grounds (1) is to fail, if 1 the employment relationship on the basis of an illicit employment or recruitment is established, 2. of employees as temporary workers (section 1 para 1 of the employees transfer Act) will act.
(2) the work permit can be refused if 1 the alien culpably violated no 1 or 3 to 13 of the third book of social code, § § 10, 10a or section 11 of the undeclared work against law or the sections 15, 15a or 16 para 1 No. 2 of the employees transfer Act Section 404, paragraph 1 or paragraph 2, 2. the workers will return a revoked or deleted work permit despite the request not the employment agency or 3 there are important reasons in the person of the employee.

§ 7 withdrawal (1) the work permit may be revoked if the foreigners to less favourable working conditions than comparable German workers is employed (article 285, paragraph 1, sentence 1 No. 3 of the third book of the social code) or the offence of section 6, paragraph 1, or article 6, par. 2 No. 1 or 3 is met. The revocation is permitted only within one month after the time in which has the authority of the facts justifying the revocation, learns and a hearing held under section 24 of the tenth book of the social code.
(2) she may be revoked according to § 4 para 1 sentence 3 for a longer period than one year granted work permit independently of paragraph 1 for reasons of labour market situation to the expiry of the first or second year of their period of validity. The revocation is permitted only if he is been reserved in issuing work permits and at the latest one month before the expiry of the first or second year of their period of validity goes to the workers.
(3) if the work permit is revoked, so she can be recovered by the authority.

§ 8 expiry (1) the work permit expires if meets none of the conditions referred to in article 5 1 of the aliens, 2. the foreigners leaving and his residence permit (§ 5 of the Aliens Act) as a result of the departure or during his stay abroad is void or 3. the training contract according to § 2 para 3 prematurely resolves to no. 3.
(2) in the cases of paragraph 1 No. 1 is considered the work permit not extinguished, if re-enter during their validity period provided the requirements of section 5.

(3) in the cases of paragraph 1 the work permit is considered no. 2 not extinguished, if 1 the alien resides on behalf of his customer's continuation of his employment or to the performance of military service in a foreign country or 2 not more than twelve months in the foreign country is the foreigner on the occasion of the birth of a child and again the foreigners or the foreigner is granted a residence permit. Ends the validity of a work permit during the time abroad pursuant to sentence 1, a work permit is returning to the domestic the foreigners after grant, which corresponds to the permit he had before leaving the country.
(4) the work permit expires so she can be recovered by the authority.

§ 9 work permit free employment any work permit require 1 listed persons, as well as executives, which granted a general power of attorney or power of Attorney is in section 5, paragraph 2, of the works Constitution Act.
2. senior executives an internationally active group or company for employment in the domestic corporate or Division on the Board, management and executive level or for an activity in any other senior position, which is when the employment within the framework of the exchange of personnel to the internationalization of the leadership circle for the development of the Group's or company's crucial and not reached five years the duration of employment in the domestic;
3. the driving staff in international passenger and freight services for employers established abroad, if a) the vehicle in the country of domicile of the employer is admitted, or b) the vehicle in Germany is approved for an activity of employees in regular service with buses.
4. the crews of sea-going vessels, barges and aircraft with the exception of pilots, flight engineers and flight navigators for working for companies domiciled in Germany;
5. persons who are sent while retaining their usual stay abroad by their employers established abroad in the domestic, a) Assembly and maintenance work or repairs to delivered, ready to use equipment or machines run that serve commercial purposes, b) ordered equipment, machines and other things to lose weight or to be instructed in its operation, c) to complete a course of operating in the context of Exportlieferungs - or license agreements , d) company's own exhibition stands or booths for a foreign enterprise that is established, to rebuild, to reduce and to supervise or to provide comparable services, in the country of domicile of the employer for a business partner in Germany are services rendered against payment, if domestic equal rights be given undertakings established in the respective country, if the duration of the employment does not exceed three months;
6 persons who act while maintaining their ordinary stay abroad in lectures or presentations of particular scientific or artistic value or performances sporting character at home, if the duration of the work does not exceed three months;
7 persons who only occasionally occur with daily performances;
8 teaching staff, research associates and assistants at universities or scientific staff at public research institutions or research institutions, their financial needs exclusively or mainly by the public sector is worn or if on the employment of the foreigner because of his special professional knowledge is also a public interest to private research institutions, as well as teachers in public schools and State-approved private substitute schools;
9 students and students at universities and colleges in Germany for a temporary employment, students and students of foreign universities and colleges for a holiday job in the context of an international exchange programme, student or comparable institutions in consultation with the Central Office for job placement of the Federal Agency for work as well as students and pupils for a holiday employment mediated by a Department of the federal employment agency, employment a total of three months does not exceed a year;
10 people for an activity a diplomatic or consular mission or an international organisation, as well as private servants of members of diplomatic and professional consular representatives, if they require for residence for the exercise of this activity of any residence permit;
11 journalists, correspondents and Rapporteur, who are working for their employers based abroad in Germany and are recognized by the press and information Office of the Federal Government for the exercise of this activity;
12 professional athletes and coach, whose used in domestic sports associations or comparable athletic facilities, insofar as they participate in the martial arts, is provided, if the competent Federation confirmed their sporting skills or their professional ability as a coach and the club or the institution pays a salary sufficient for living expenses;
13 persons, on the basis of article 6 paragraph 1 of the supplementary agreement to the NATO status (BGBl. 1961 II p. 1183, 1218) are exempt from the requirement of residency as a force, a civilian Entourage members or members;
14 people who are employed by an employer based domestically as workers in the commercial sector from abroad and temporarily domestically are active while retaining their habitual residence abroad in the course of their employment, if the activity does not exceed three months;
15 students of universities of applied sciences for an internship and high-foreign - is up to six months, when employment in an immediate objective related to the degree of the interns and student in an international exchange programme or comparable institutions in consultation with the Central Office for job placement of the federal employment agency;
16 foreigners who have completed the 16th and still not the 27th year of life to take part in a voluntary year in accordance with the law for the promotion of a voluntary of social year, within the meaning of the Act for the promotion of a voluntary of ecological year or in a comparable programme of the European Community;
17 people during a temporary placement in a programme financially supported by the European Union, if the employment agreement with the Central Office for job placement of the federal employment agency.

§ 10 replacement of work permit work permit is replaced by the registration certificates for guest workers, which are exhibited in an exchange of guest workers agreed with other States for the purpose of the professional and linguistic training of an Office of the federal employment agency.

§ 11 jurisdiction (1) the work permit is writing by the foreigner at the employment agency to apply for, in whose district the place of employment of the employee is located. Place of employment is considered to be the place where the seat of the establishment or the establishment is located. For jobs with changing workplaces, the seat of the body responsible for the payroll considered place of employment.
(2) the application must be before taking up employment or before expiry of a work permit already granted.
(3) in special cases, the work permit can be granted by virtue.
(4) the agency competent under paragraph 1 decides the granting and revocation, redemption and the suspension of the work permit for work.
(5) the German Federal employment agency can transfer the responsibility for the application, granting and revocation, notwithstanding the withdrawal and the lifting of paragraphs 1 and 4 on other services.

§ 12 the work permit form (1) is to grant the employee in writing.
(2) the work permit for cross-border workers is as such.
(3) the revocation, redemption and the suspension of the work permit are to inform the employee in writing.

§ 12a enlargement of the European Union (1) the citizens of the Republic of Croatia a work permission granted, as long as they were cleared for a continuous period of at least twelve months in the Federal territory to the labour market. This does not apply to such nationals pursuant to sentence 1, which are sent by an employer domiciled abroad in the Federal territory.
(2) nationals are family members, referred to in paragraph 1 a work is granted these, if they have a common residence in the Federal territory with the workers. Family members include the spouse, the spouse and the relatives in the descending line, which still have older not 21st or the nationals support granted under paragraph 1.
(3) a work permission granted under paragraphs 1 and 2 is void if leaving the foreigner for a temporary nature not reason or a residence permit granted EC expires or is canceled.
(4) (lapsed)

§ 12 b skilled workers from the new EU Member States and their families (1) any work permit EU require skilled workers, a higher education or a comparable qualification have to exercise one of the professional qualifications appropriate employment and free movement of legitimate members of their families.
(2) the work permit EU is people for jobs that require a qualified vocational training, as well as according to § 39, paragraph 2, sentence 1 issue number 1 of the residence Act entitled to the free movement of members of their families without checking.

§ 12c trainees from the new EU Member States of any work permit EU require trainees for a qualified occupational training in a State-approved or comparable regulated training occupation.

Section 12d domestic helpers who can work permit-EU nationals according to § 284 paragraph 1 of the third book the social law must full time employment for domestic work and necessary nursing care daily living AIDS in households with dependent persons within the meaning of the eleventh book of the social code be granted when the persons concerned on the basis of a request of the Federal Agency for work with the employment services of the country of origin about the procedure, the selection and the mediation have been conveyed. The work permit-EU to the change of employer may be granted within the first year of employment.

§ 12e season jobs of any work permit EU require people for employment in the agriculture and forestry, in the hotel and catering industry, fruit and vegetable processing and sawmills of at least 30 hours a week on average at least six hours working day up to a total six months in a calendar year. The period for the employment of workers and workers pursuant to sentence 1 is limited to operate on eight months in the calendar year. Sentence 2 shall not apply for plants of fruit, vegetables, wine, hops and tobacco cultivation.

§ 12f of showmans for employment in the fairground may be granted a work permit-EU for up to nine months in the calendar year nationals according to § 284 paragraph 1 of the third book of the social code, if the persons concerned on the basis of a request of the Federal Agency for work with the employment services of the country of origin about the procedure, the selection and the mediation have been mediated.

§ 12 g prefab installers the work permit EU can without examination according to § 39, paragraph 2, sentence 1 number 1 of the residence law be granted people, who are sent to ordered, manufactured by their employer abroad finished and development houses as well as finished and construction halls to set up and install a prefabricated house manufacturer based in a Member State under article 284, paragraph 1 of the third book the social law for up to nine months in the calendar year in the domestic. Sentence 1 also applies in connection with the mounting necessary installation work.

§ 12 h contracts that can permit EU activities within the framework of which the Republic of Bulgaria, the Republic of Romania and the Republic Croatia of existing contract workers agreement granted are, as far as under the EU accession agreement transitional arrangements to the freedom to provide services are applicable. The Federal Ministry of labour and Social Affairs may restrict issuing the work permit-EU by the Federal Agency for work to workers in the construction industry within the framework of contracts for work in relation to the commercial people of domestically-based company employed numerically. This is to ensure that small and medium-sized domestic companies are appropriately taken into account.

Article 13 Association Agreement EEC - Turkey more favorable provisions of decision No 1 / 80 of the Association Council EEC - Turkey (official news of the federal employment agency no. 1/1981 p. 2) on access to Turkish workers and members of their families to the labour market remain unaffected.

Article 14 transitional provisions (1) a work permit, which is granted in the period from January 1, 1998, until the entry into force of this regulation remains valid until the expiry of its validity.
(2) paragraphs 7 and 8 corresponding application on work permits, which on the basis of the transitional article 432 of the third book of the social code find from 1 January 1998 next apply or which are granted this regulation during the period from 1 January 1998 up to the entry into force.
(3) aircraft pilots, flight engineers and flight navigators at air carriers, whose employment relationship was founded before 1 January 1973, as well as helicopter Guide for air carriers and pilots, flight engineers and flight navigators for other companies, whose employment relationship was founded prior to August 1, 1976, require notwithstanding any work permit no. 4 of § 284 paragraph 1 sentence 1 of the third book social code in conjunction with article 9.

Article 15 entry into force this regulation enters into force on the day after the announcement.