Regulation on the employment of foreign nationals

Original Language Title: Verordnung über die Beschäftigung von Ausländerinnen und Ausländern

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Regulation on the employment of foreign nationals (Employment Regulation-Treaty of Employment)

Unofficial table of contents

BeschV

Date of completion: 06.06.2013

Full quote:

" Employment Regulation of 6 June 2013 (BGBl. 1499), as defined by Article 1 of the Regulation of 29 July 2015 (BGBl). I p. 1422).

Status: Last amended by Art. 2 sentence 2 V v. 6.11.2014 I 1683
Note: Amendment by Art. 1 V v. 29.7.2015 I 1422 (No 32) in a textual, documentary form not yet concludedly edited

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.2013 + + +) 

This V was adopted as Article 1 of the V v. 6.6.2013 I 1499 by the Federal Ministry of Labour and Social Affairs and by the Federal Ministry of the Interior with the approval of the Bundesrat. It occurs gem. Art. 4 sentence 1 in force on 1 July 2013.

Part 1
General provisions

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Section 1 Scope of the Regulation, definitions

(1) The Regulation regulates the immigration of foreign workers and determines the conditions under which they and the foreigners already living in Germany can be admitted to the labour market. It regulates the cases in which
1.
a residence permit, which allows a foreigner or a foreigner to pursue employment, can be issued without the consent of the Federal Employment Agency in accordance with Article 39 (1) sentence 1 of the Residence Act,
2.
the Federal Employment Agency may agree to a residence permit which allows a foreigner or a foreigner to pursue employment in accordance with Article 39 (1) sentence 2 of the Residence Act,
3.
A foreigner or a foreigner who does not have a residence permit for the purpose of employment, according to § 4 (2) sentence 3 of the Residence Act, allows the exercise of an employment without the consent of the Federal Employment Agency can be
4.
the Federal Employment Agency (Bundesagentur für Arbeit) for the purposes of employment of a foreign country or a foreign country which does not have a residence permit for the purpose of employment, in accordance with Article 4 (2) sentence 3 in conjunction with Section 39 of the Residence Act , and
5.
the consent of the Federal Employment Agency may be granted by way of derogation from Article 39 (2) of the Residence Act.
(2) Examination is the examination in accordance with § 39 (2) sentence 1, point 1 of the Residence Act.

Part 2
Immigration of skilled workers

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§ 2 High-skilled, blue card EU, university graduates and graduates

(1) No consent shall be granted
1.
a residence permit to highly qualified people in accordance with section 19 of the Residence Act,
2.
a blue card EU according to § 19a of the Residence Act, if the foreigner or the foreigner
a)
a salary of at least two-thirds of the annual contribution ceiling in the general pension insurance scheme; or
b)
has a national university degree and satisfies the conditions laid down in the first sentence of paragraph 2,
3.
a residence permit for the exercise of a professional qualification suitable employment for foreigners with a national university degree.
(2) Foreigners who exercise a profession, who are in groups 21, 221 or 25 according to the recommendation of the Commission of 29. October 2009 on the use of the International Standard Classification of Occupations (OJ L 196, 27.7.2009, p 31), consent may be granted to an EU Blue Card if the amount of the salary is at least 52% of the annual contribution ceiling in the general pension insurance scheme. Consent is granted without prior examination. (3) Foreigners with a recognised foreign university degree or a foreign university degree comparable to a German university degree may be granted the following: (4) The Federal Ministry of the Interior shall give the minimum salary referred to in paragraph 1 (2) (a) and (2) sentence 1 for each of the following: Calendar year up to 31 December of the previous year in the Federal Gazette known. Unofficial table of contents

§ 3 Managers

No consent is required to issue a residence permit
1.
chief executives with general powers or prokura,
2.
members of the institution of a legal person who is authorised to represent the legal entity;
3.
Shareholders of an open trading company or members of another population as far as they are appointed by law, statutes or social contract to represent the entire population or to the management of the management , or
4.
Senior employees of a company operating outside Germany for employment at the management level, management or management level, or for any other senior position in the development of the company is of crucial importance.
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§ 4 Conducting Employees and Specialists

Consent may be granted for:
1.
management staff and other persons who have special, above all company-specific expertise in the pursuit of their employment, of a domestic company for a qualified employment in that undertaking or
2.
conducting employees for employment in a German-foreign joint venture established on the basis of intergovernmental agreements.
Consent shall be given without prior examination. Unofficial table of contents

§ 5 Science, Research and Development

No consent is required to issue a residence permit
1.
Scientific staff of universities and research and development institutions,
2.
Visiting scholars at a university or in a public or public-sector-based research institution, which is financed by public funds or is a public company in private law,
3.
engineers and technicians as technical staff in the research team of a visiting scholar or a guest scientist,
4.
teaching staff of public schools or state-approved private replacement schools or recognised private supplementary schools, or
5.
Teaching staff for language teaching at universities.
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§ 6 Training occupations

(1) For foreign nationals who have acquired a qualified vocational training in a nationally recognised or comparable vocational training occupation in Germany, consent to the exercise of a professional qualification may be granted. in the case of employment. Qualified vocational training is available if the duration of the training is at least two years. (2) For foreigners who have obtained their professional qualification abroad, consent to the exercise of one of the professional qualifications is available. Qualification corresponding to employment in a state-approved or comparable vocational training occupation, if the body responsible for professional recognition according to the regulations of the federal or state Equivalence of professional qualifications with a national qualified vocational training, and
1.
the persons concerned have been mediated by the Federal Employment Agency on the basis of an agreement with the employment management of the country of origin on the procedure, the selection and the conciliation procedure, or
2.
the Federal Employment Agency for the corresponding occupation or the corresponding occupational group differentiated according to regional particularities has established that the occupation of vacancies with foreign applicants labour market and integration policy is justifiable.
The Federal Employment Agency (Bundesagentur für Arbeit) may limit the approval in the cases referred to in the first paragraph of sentence 2 to certain countries of origin and determine the number of admission requirements which are based on demand. (3) The consent of paragraphs 1 and 2 shall be approved without prior examination of the . Unofficial table of contents

§ 7 Graduates of German schools abroad

No consent is required to issue a residence permit to graduates of German schools abroad
1.
with a recognised foreign university degree or a foreign university degree comparable to a German university degree, in order to pursue a job equivalent to that of a professional qualification,
2.
on the exercise of employment in a state-recognised or comparable vocational training occupation where the competent body has established the equivalence of the professional qualification with a national qualified vocational training, or
3.
for the purpose of qualified in-company training in a state-approved or comparably regulated training occupation.
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§ 8 Operating training and further training; recognition of foreign professional qualifications

(1) The consent may be granted for the granting of a residence permit pursuant to Article 17 (1) of the Residence Act. (2) The consent may be granted for the granting of a residence permit pursuant to Article 17a (1) sentence 3, paragraphs 3 and 5 of the Residence law is granted. It shall be granted in the case of § 17a (1) sentence 3 without prior examination of the prior art. In the case of Article 17a (3), consent shall be given in respect of the employment pursued during the course of the training without prior examination. (3)
1.
the determination of the equivalence of a professional qualification acquired abroad within the meaning of Article 6 (2) or
2.
In a profession regulated in Germany, the power to exercise the profession is necessary
The residence permit may be granted for the purposes of the exercise of this temporary employment and is required for a limited period of time in the country. Consent shall be given without prior examination. Unofficial table of contents

§ 9 Employment during pre-employment periods or longer stay

(1) No agreement is required to pursue employment in foreign nationals and foreigners who have a Blue Card EU or a residence permit and
1.
have been legally employed in the Federal Republic of Germany for two years, or
2.
have been permitted, tolerated or have a residence permit in the federal territory for three years without interruption; interruption periods are taken into account in accordance with Section 51 (1) point 7 of the Residence Act.
(2) The period of employment referred to in paragraph 1 (1) shall not be taken into account
1.
of occupations which are prior to the date on which the foreigner or the foreigner was able to perform his or her habitual residence,
2.
a period of employment limited in time under the Residence Act or this Regulation; and
3.
an employment for which the foreigner or the foreigner was exempted from the obligation of consent for employment by means of an intergovernmental agreement.
(3) The period of residence referred to in paragraph 1 (2) shall be counted only in half and only up to two years after the period of stay in accordance with Article 16 of the Residence Act. Periods of employment which are limited in time under the Residence Act or this Regulation shall be counted on the residence period if the foreigner or the foreigner has a residence permit for a purpose other than that of the Employment is granted.

Part 3
Temporary employment

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§ 10 International personnel exchange, international projects

(1) The consent may be granted for the exercise of employment of up to three years
1.
Foreign nationals and foreign nationals who have a higher education or equivalent qualification, in the context of the exchange of personnel within an international company or group,
2.
for workers employed abroad by an international group or company in the domestic group or part of the company, if the activity is essential for the preparation of foreign projects, the worker is active in the implementation of the project abroad and is comparable to a qualification comparable to that of German skilled workers and, in addition, special knowledge of the company, in particular, .
Consent shall be granted without prior examination. (2) In the cases referred to in the first sentence of paragraph 1, point 2, the consent may also be given to employees of the contracting authority of the international project if they are in connection with the preparatory work is temporarily employed by the contractor, the contract contains a corresponding obligation for the contractor and the employment is necessary for the later work within the framework of the completed project. Sentence 1 shall also be applied if the contractor has neither a branch nor a holding abroad. Unofficial table of contents

§ 11 Language teachers, speciality chefs and speciality chefs

(1) The consent may be granted to teachers for the issuance of native-language teaching in schools under the supervision of the relevant professional consular post, with a period of validity of up to five years. Consent is given without prior examination. (2) The consent may be granted to speciality chefs for the exercise of full-time employment in specialty restaurants with a period of validity of up to four years. . The first-time consent shall be granted in the period up to 1 August 2015 at the latest for one year. (3) For renewed employment under paragraphs 1 and 2, consent shall not be allowed before the expiry of three years after the end of the former residence permit. shall be granted. Unofficial table of contents

§ 12 Au-pair-Jobs

The consent can be granted to persons with basic knowledge of the German language, who are under 27 years of age and who are employed as an au pair in a family in which German is spoken as a mother tongue. If the family speaks German as a family language, consent can be given if the employee or employees do not come from a home country of the host parents. Consent shall be given without prior examination. Unofficial table of contents

§ 13 Home employees of dispatchers

The consent to the exercise of an employment as a domestic worker or a domestic worker in the case of persons who
1.
in the case of their employer, or on behalf of a company established abroad, temporarily operating domestily or
2.
have ceased domestic workers or domestic workers on the basis of the Vienna Conventions on Diplomatic Relations or Consular Relations,
may be granted if these persons have been employed by domestic workers or domestic workers for at least one year in their household for the care of a child under the age of 16 or a household member in need of care before they are entered into the home. . The consent shall be granted for a maximum of five years without prior examination and for the duration of the stay of the person in which the domestic workers are employed. Unofficial table of contents

Section 14 Other activities

(1) No consent shall be required to issue a residence permit
1.
persons employed under a voluntary service governed by law or based on a programme of the European Union; or
2.
Employees mainly for charitable or religious reasons.
(2) No agreement is required to grant a residence permit to students, as well as to pupils of foreign universities and colleges for the exercise of a holiday period of up to 90 days within a period of twelve months. months that have been mediated by the Federal Employment Agency. Unofficial table of contents

§ 15 Internships for training purposes

No consent is required to issue a residence permit for an internship
1.
during a stay for the purpose of school education or study, the prescribed part of the training or demonstrably necessary for the achievement of the training target,
2.
within the framework of a programme funded by the European Union or bilateral development cooperation,
3.
With a duration of up to one year in the context of an international exchange programme of associations, public service bodies or student organisations to students or graduates of foreign universities in agreement with the Federal Employment Agency,
4.
to specialists and managers who receive a grant from public German funds, European Union funds or funds from international intergovernmental organisations, or
5.
With a duration of up to one year during a course of study at a foreign university, which is carried out after the fourth semester of study subject in agreement with the Federal Employment Agency.
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§ 15a Seasonal employment

Consent may be given to a residence permit for the exercise of employment in agriculture, forestry, hotel and catering, fruit and vegetable processing, and sawmills of at least 30 hours per week. shall be granted on average at least six hours working day up to a total of six months in the calendar year if the persons concerned are responsible for working with the employment services of the country of origin on the basis of an agreement between the Federal Employment Agency about the procedure and the selection. 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

Section 15b Schaustellergehilfen

The approval of a residence permit for the exercise of employment in the display industry may be granted up to a total of nine months in the calendar year if the persons concerned are responsible for the work of the Federal Employment Agency on the basis of an agreement between the Federal Employment Agency and the Federal Employment Agency. of the country of origin of the country of origin on the procedure and the selection. Unofficial table of contents

Section 15c Budget support

The consent to a residence permit for the exercise of full-time employment subject to insurance up to three years for domestic work and necessary care for everyday care in households with care-dependent persons in the sense of the Eleventh Book of the Social Code can be granted if the persons concerned have been mediated on the procedure and the selection on the basis of an agreement by the Federal Employment Agency with the employment administration of the country of origin. Consent to the change of employer may be granted within the three-year authorisation period. In the case of renewed employment after leaving the country, the consent of the first sentence may be granted only if, after leaving the country, the person concerned has been resident abroad for at least as long as he had previously been employed in the country.

Part 4
Seconded workers

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§ 16 Business traveler

No consent shall be given to the granting of a residence permit to persons who:
1.
be employed by an employer with domials in the commercial sector abroad,
2.
for an employer based abroad, conduct meetings or negotiations in the country, create contract offers, conclude contracts or monitor the performance of a contract, or
3.
Establish, monitor or control a domestic part of the business for an employer based abroad,
in the context of their employment, while retaining their habitual residence abroad, they shall not stay in the country for more than 90 days within a period of 180 days. Unofficial table of contents

Section 17 Operating training

No consent is required to grant a residence permit to employees of an international group or company employed abroad for the purpose of continuing in-company training in the domestic group or part of the company for up to 90 days within a period of 12 months. Unofficial table of contents

§ 18 Journalists

No consent is required to issue a residence permit to employees of an employer based abroad,
1.
whose activities are recognized by the Press and Information Office of the Federal Government, or
2.
if the duration of the activity does not exceed 90 days within a period of twelve months, while maintaining the normal residence of the country abroad.
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Section 19 Work-delivery contracts

(1) No consent shall be given to the issuing of a residence permit to persons posted abroad by their employer established abroad for up to 90 days within a period of 12 months in order to:
1.
shall establish and assemble, maintain or repair machinery, equipment and electronic data-processing programs ordered by the employer for commercial purposes, or in order to operate such machinery, to instruct installations and programmes,
2.
to take off or to be instructed in the operation of machines, equipment and other goods purchased,
3.
to dismantle used installations for the purpose of rebuilding in the host State of the employer;
4.
-to-and dismantle and supervise company-owned trade fair stands or trade fair stands for a foreign company located in the host country of the employer; or
5.
in the context of export supply and licence agreements, to complete an operating course.
In the cases set out in the first and third sentences of the first sentence, the exemption from the consent shall require that the employer of the Federal Employment Agency has indicated the occupations prior to their admission. (2) The consent may be granted to persons who are their employer, whose registered office is abroad for more than 90 days and up to a period of three years, shall be sent to the national territory in order to:
1.
shall establish and assemble, maintain or repair machinery, equipment and electronic data-processing programs ordered by the employer for commercial purposes, or in order to operate such machinery, to designate installations and programmes, or
2.
dismantled used installations for the purpose of reconstruction in the host Member State of the employer.
Consent shall be given without prior examination. Unofficial table of contents

Section 20 International road and rail transport

(1) No consent shall be given to the granting of a residence permit to the staff responsible for:
1.
in the carriage of goods by road for an employer with a seat
a)
in the territory of another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, in the case of cross-border transport referred to in Article 2 (2), or cabotage operations pursuant to Article 8 (2) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 June 2009, October 2009 on common rules for access to the international freight market (OJ C 327, 22.12.2009, p. 72), and for which a driver attestation has been issued to the employer,
b)
outside the territory of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area, in the case of international carriage of goods by a person in the State of the employer shall be carried out for a stay of no more than 90 days within a period of 12 months, or a vehicle registered in Germany shall be transferred to a country outside the territory of that territory,
2.
in the case of international passenger transport on the road for an employer established abroad, carrying out cross-border journeys with a vehicle registered in the Member State of residence of the employer. This applies in the case of international scheduled services with bus and coach services even if the vehicle is approved domestily.
(2) No agreement shall be required to issue a residence permit to the driving personnel in international rail transport if the carrier has its registered office abroad. Unofficial table of contents

Section 21 Service provision

No consent shall be required to grant a residence permit to persons established by a company established in a Member State of the European Union or a State Party to the Agreement on the European Economic Area in the State of residence of the Companies are properly employed and are temporarily posted to the federal territory for the purpose of providing a service.

Part 5
Special professional or person groups

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Section 22 Special occupational groups

No consent is required to issue a residence permit
1.
persons, including their auxiliary staff, who, while retaining their habitual residence abroad, in lectures or in performances of particular scientific or artistic value, or in the case of performances of a sporting character, shall be: If the duration of the activity does not exceed 90 days within a period of 12 months,
2.
Persons employed in the framework of festivals or music and cultural days, or in the context of guest performances or foreign film and television productions, if the duration of the activity is 90 days within a period of twelve months. months not exceeding
3.
persons who perform up to 15 days a year in the day's performances,
4.
Professional sportsmen and professional sportsmen and professional trainers, whose use is provided for in German sports clubs or comparable sports facilities taking part in competitive sports, if they are
a)
the 16. have completed their life year,
b)
the association or establishment pays a gross salary which amounts to at least 50 per cent of the contribution ceiling for statutory pension insurance, and
c)
the German top association responsible for the sport, in agreement with the German Olympic Sports Confederation, confirms the athletic qualification as a professional athlete or professional athlete or the professional qualification as a coach or trainer,
5.
Photomodels, advertising types, mannequins or dressmen,
6.
Tour guides who, while retaining their habitual residence abroad, accompany foreign tourist groups to the national territory if the period of activity does not exceed 90 days within 12 months, or
7.
Interpreters who, while retaining their habitual residence abroad, participate in meetings or negotiations within the country for a company with a registered office abroad, if the duration of the activity is 90 days within a shall not exceed twelve months.
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Section 23 International sports events

No consent is required to issue a residence permit to persons who are accredited for the preparation, participation, implementation and follow-up of international sports events by the respective organizing committee, to the extent that the The Federal Government has adopted implementing guarantees, in particular the following persons:
1.
the representatives, employees and representatives of associations or organisations, including referees and assistant referees and assistant referees,
2.
sportsmen and sportsmen and paid staff of the participating teams,
3.
the representatives of the official association partners and the official licence partners,
4.
the representatives of the media, including the technical staff, as well as the employees of the media partners.
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Section 24 Shipping and air transport

No consent is required to issue a residence permit
1.
members of the crews of sea-going vessels in international transport,
2.
persons admitted to the service of the seamen in accordance with the Law on the Seafe,
3.
the technical staff on inland waterway vessels and, in the case of international transport, the staff of the service and service required for the service of the passenger on passenger ships, or
4.
the crews of aircraft, with the exception of aircraft drivers, flight engineers and flight operators, and air navigation operators, in the case of companies based in Germany.
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Section 25 Culture and entertainment

Consent may be given to persons who:
1.
an artistic or artistic employment or employment as an auxiliary staff required for the performance of the performance; or
2.
for a period of more than 90 days of permanent employment in the context of guest performances or foreign film or television productions.
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Section 26 Employment of certain nationals

For nationals of Andorra, Australia, Israel, Japan, Canada, the Republic of Korea, Monaco, New Zealand, San Marino, and the United States of America, consent to the exercise of any employment may be independent of the seat of the Employer is granted. Unofficial table of contents

§ 27 frontier workers ' employment

In order to issue a cross-border commuter card pursuant to Section 12 (1) of the Residence Regulation, consent may be granted. Unofficial table of contents

§ 28 German People's Related

German people who have received a notice of admission under the Federal Displaced Persons Act may be granted the consent to a residence permit for the purpose of temporary employment.

Part 6
Other business

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Section 29 International agreements

(1) Assent may be given for employment in the framework of the work contract worker agreement concluded with the States of Turkey, Serbia, Bosnia-Herzegovina and Macedonia. This shall also apply to the management staff or administrative staff with a specific operational knowledge of up to four years required to carry out the work contract. The Federal Ministry of Labour and Social Affairs may grant approval by the Federal Employment Agency to employees of the construction industry within the framework of works contracts in relation to the employed commercial persons of the domestic be limited in number. It is important to ensure that small and medium-sized enterprises are also adequately taken into account in the home country. (2) The consent to the exercise of an employment of up to 18 months may be granted if the relevant Persons on the basis of an intergovernmental agreement on the employment of workers in the field of vocational and linguistic training (Gastworker Agreement) with the State of which they are nationals (3) For employment by intergovernmental Agreements in which it is determined that a person does not require a work permit or a work permit for employment, does not require approval. In the case of employment according to agreements in which it is determined that a work permit or work permit can be issued, consent can be granted. (4) For technical or international exhibitions, which will be issued after the date of 22 November 1928 in Paris , signed agreements on international exhibitions, may be granted for nationals of the issuing States if they are in favour of the issuing State for the preparation, implementation or termination of the national (5) The consent can be given to persons , which are properly employed by a company based abroad and on the basis of the Agreement establishing the World Trade Organization of 15 April 1994 (BGBl. 1438, 1441) or other free trade agreements of the European Union or of the European Union and its Member States, which are legally binding on the Federal Republic of Germany, and are sent to the Federal Republic of Germany temporarily. Unofficial table of contents

§ 30 Employment stays without residence permit

Not considered to be employment within the meaning of the Residence Act
1.
Activities in accordance with § § 3 and 16, which shall be exercised for up to 90 days within a period of 180 days,
2.
the activities referred to in Articles 5, 14, 15, 17, 18, 19 (1) and § § 20, 22 and 23, which shall be exercised for up to 90 days within a period of twelve months,
3.
Activities according to § 21, which shall be carried out by foreign nationals and foreigners who hold long-term resident status in another Member State of the European Union for up to 90 days within a period of 12 months. shall be exercised, and
4.
Activities of persons who are exempted from the requirement of a residence permit in accordance with § § 23 to 30 of the Residence Regulation.

Part 7
Employment in respect of residence for international, humanitarian or political reasons, as well as persons with Duldung and asylum seekers

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§ 31 Employment in the case of residence for international, humanitarian or political reasons

The granting of a permit for employment to foreigners with a residence permit issued in accordance with Section 5 of the Residence Act does not require the approval of the Federal Employment Agency. Unofficial table of contents

Section 32 Employment of persons with Duldung

(1) Foreigners who have a acquiescence may be given consent to pursue employment if they have been allowed, tolerated or have a residence permit in the Federal Republic for three months. § § 39 to 41 of the Residence Act apply accordingly. (2) No consent is required to issue a permit to exercise
1.
an internship in accordance with section 22 (1), second sentence, points 1 to 4 of the minimum wage law,
2.
vocational training in a state-recognised or comparable vocational training occupation,
3.
employment in accordance with § 2 (1), § 3 (1) to (3), § 5, § 14 (1), § 15 (2), § 22 (3) to (5) and § 23, or
4.
an employment of spouses, life partners, relatives, and the first degree of employment of an employer in his/her establishment if the employer lives with them in the home community.
(3) The consent of the Federal Employment Agency shall not be required by the Federal Employment Agency if it has been authorised, condoned or condoned for four years without the consent of the Federal Employment Agency (Bundesagentur für Arbeit). (4) The provisions of paragraphs 2 and 3 shall also apply to foreigners with a residence permit. (5) The consent to the exercise of employment shall be granted to foreigners with a residence permit. Condolence or residency shall be granted without prior examination if:
1.
to take up employment in accordance with § 2 (2), § 6 or § 8, or
2.
have been allowed, tolerated or have a residence permit in the Federal Republic of Germany for 15 months.
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Section 33 Say of permission to pursue a person's employment with Duldung

(1) Foreigners who have a Duldung shall not be allowed to pursue employment if:
1.
they have gone to the home country to obtain benefits under the Asylum Seekers Benefits Act, or
2.
These measures cannot be completed for reasons which they themselves have to represent.
(2) Foreigners shall be responsible for the reasons referred to in paragraph 1 (2), in particular if they are responsible for the obstacle to deportation through their own deception on their identity or nationality, or by their own false information bring about.

Part 8
Procedural rules

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Section 34 Restriction of consent

(1) The Federal Employment Agency may limit the consent to the exercise of employment in respect of:
1.
professional activity;
2.
the employer;
3.
of the region in which employment can be exercised, and
4.
the situation and distribution of working time.
(2) The consent shall be granted for the duration of the employment, for a maximum period of three years. (3) In the case of employment for initial and continuing vocational training pursuant to § 17 (1) and 17a (1) sentence 3 of the Residence Act, the consent shall be as follows: granting:
1.
in the case of training for the duration of training laid down in accordance with the training regulations,
2.
in the course of further training for the duration, which is required by the Federal Employment Agency (Bundesagentur für Arbeit) for continuing training in order to achieve the training target.
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Section 35 Scope of consent

(1) The consent to the exercise of an occupation shall be given in each case on a specific residence permit. (2) If the consent has been given to a residence permit, the consent shall also apply to each of them within the limits of their time limit. (3) The provisions of paragraphs 1 and 2 shall apply in accordance with the consent to the exercise of employment to persons who have a residency or a Duldung. (4) If consent is given to a particular person, the the employment relationship has been granted, it shall cease with the termination of this (5) The consent to the exercise of an employment may be granted without prior examination if, after expiry of the period of validity of a consent granted for at least one year, the employment of the same employer. will continue. This shall not apply to employment which is limited in time under this Regulation or by an intergovernmental agreement. Unofficial table of contents

Section 36 Granting of consent

(1) The Federal Employment Agency shall notify the competent authority of the consent to the issuing of a residence permit pursuant to § 39 of the Residence Act or a cross-border commuter card whose failure to act in accordance with Section 40 of the Residence Act, the revocation pursuant to § 41 of the Residence Act and the withdrawal of consent. (2) The consent to the exercise of employment shall be deemed to have been granted if the Federal Employment Agency fails to do so within two weeks of the date of transmission of the Consents request to inform that the information provided for the decision on (3) The Federal Employment Agency (Bundesagentur für Arbeit) is to be informed of the application of the assent to the application of the employment of the employment agency shall agree with the competent authority or consider whether the conditions relating to the labour market are available for subsequent assent, if the employer has provided the necessary information and the procedure is thereby speeded up. Unofficial table of contents

Section 37 Case of hardship

Foreign nationals may be granted the consent to pursue an employment without prior examination if their failure would result in a particular hardship.

Part 9
Recruitment and placement services from abroad

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§ 38 Advertising and mediation

Recruitment in States and employment services from States listed in the annex to this Regulation may only be carried out by the Federal Employment Agency for employment in health care and nursing professions. Unofficial table of contents

§ 39 Administrative Offences

In the sense of § 404 (2) (9) of the Third Book of the Social Code, the person who intentionally or negligently carries out an advertising or work placement against § 38 is acting. Unofficial table of contents

Annex (to § 38)

(Fundstelle: BGBl I 2013, 3903 u. 3904)
1.
Afghanistan (Islamic Republic of Afghanistan),
2.
Angola (Republic of),
3.
Equatorial Guinea (Republic of Equatorial Guinea),
4.
Ethiopia (Democratic Republic of Germany),
5.
Bangladesh (People's Republic),
6.
Benin (Republic),
7.
Bhutan (Kingdom of Bhutan),
8.
Burkina Faso,
9.
Burundi (Republic),
10.
Djibouti (Republic),
11.
El Salvador (Republic),
12.
Ivory Coast (Republic of Côte d' Ivoire),
13.
Eritrea (State of Eritrea),
14.
Gambia (Republic),
15.
Ghana (Republic),
16.
Guinea (Republic),
17.
Guinea-Bissau (Republic),
18.
Haiti (Republic of),
19.
Honduras (Republic of Honduras),
20.
India (Republic),
21.
Indonesia (Republic),
22.
Iraq (Republic of),
23.
Yemen (Republic of),
24.
Cambodia (Kingdom of Cambodia),
25.
Cameroon (Republic),
26.
Kenya (Republic of),
27.
Comoros (Union of Comoros),
28.
Congo (Democratic Republic of the Congo),
29.
Congo (Republic),
30.
Laos (Lao People's Democratic Republic),
31.
Lesotho (Kingdom of Lesotho),
32.
Liberia (Republic),
33.
Madagascar (Republic),
34.
Malawi (Republic of),
35.
Mali (Republic),
36.
Morocco (Kingdom of Morocco),
37.
Mauritania (Islamic Republic of Mauritania),
38.
Mozambique (Republic),
39.
Myanmar (Union Myanmar),
40.
Nepal (Kingdom of Nepal),
41.
Nicaragua (Republic),
42.
Niger (Republic of),
43.
Nigeria (Federal Republic of Germany),
44.
Pakistan (Islamic Republic of Pakistan),
45.
Papua New Guinea (Independent State of Papua New Guinea),
46.
Peru (Republic of),
47.
Rwanda (Republic),
48.
Zambia (Republic),
49.
Senegal (Republic),
50.
Sierra Leone (Republic of),
51.
Zimbabwe (Republic),
52.
Somalia (Democratic Republic of Somalia),
53.
Tanzania (United Republic of Tanzania),
54.
Togo (Togolese Republic),
55.
Chad (Republic),
56.
Uganda (Republic),
57.
Central African Republic.