Regulation On The Employment Of Foreign Nationals

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

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Employment Regulation Regulation (Employment Regulation)

Non-official table of contents

BeschV

Date of expend: 06.06.2013

Full quote:

" Employment Regulation of 6. June 2013 (BGBl. 1499), as defined by Article 1 of the Regulation of 29 June 1999. July 2015 (BGBl. I p. 1422) "

:Last modified by Art. 2 sentence 2 V v. 6.11.2014 I 1683
Note:Modification by Art. 1 V v. 29.7.2015 I 1422 (No 32) in a textual, documentary yet non-exhaustive

See the menu under Notes
for details on the standstill.

Footnote

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

This V has been added to the V v article. 6.6.2013 I 1499 decided by the Federal Ministry of Labour and Social Affairs and the Federal Ministry of the Interior with the approval of the Bundesrat. It occurs gem. Art. 4 set 1 on 1.7.2013 in force.

Part 1
General provisions

Non-official Table of contents

§ 1 Scope of the regulation, definitions

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

Part 2
Specials immigration

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§ 2 High-skilled, Blue Card EU, University graduates

(1) No agreement is required Grant
1.
of a settlement permit to highly qualified employees according to § 19 of the Residence Act,
2.
a blue card EU according to § 19a of the Residence Act, if the foreigner or foreigner
a)
content of at least two-thirds of the annual contribution ceiling in the general pension insurance scheme, or
b)
a domestic University degree and satisfies the conditions laid down in the first sentence of paragraph
,
3.
a residence permit for the exercise of one of the professional qualifications (
)who pursue 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 shall be given without prior examination.(3) Foreigners with a recognised foreign university degree or a foreign university degree comparable to a German university degree may agree to a residence permit for the purpose of exercising a university degree. to be given employment equivalent to professional qualifications.(4) The Federal Ministry of the Interior shall have the minimum salary referred to in the first subparagraph of paragraph 1 (2) (a) and the first sentence of paragraph 2 for each calendar year up to the 31. December of the previous year in the Federal Gazette. Unofficial table of contents

§ 3 executives

No consent is required to issue a residence title to
1.
senior executives with attorney general or prokura,
2.
members of the body of a legal entity Person authorized to represent the legal entity
3.
Shareholders of an open trading company, or members of another Persons as a whole, insofar as they are appointed by law, statutes or social contract for the representation of the entire population or the management, or
4.
senior employees of a company also active outside Germany for employment at the management level, management or management level, or for an activity in other senior position, which is essential for the development of the company.
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§ 4 Leiends Employees and Specialists

The consent may be granted for
1.
senior employees and other persons who are special, primarily have specific company-specific knowledge, a domestic company for qualified employment in this company, or
2.
senior employees for employment in a German-foreign joint venture established on the basis of intergovernmental agreements.
The Approval is given without prior examination. Non-official table of contents

§ 5 Science, research and development

No consent is required to issue a residence permit
1.
Scientific staff from universities and research and development facilities,
2.
Guest researchers at a university or in public or predominantly public funds, or as public funds Companies in private legal form of research facility,
3.
Engineers and technicians as technical staff members and technicians Employees in the research team of a visiting scholar or a guest researcher,
4.
Teachers of public schools or state-approved private Replacement schools or recognized private supplementary schools or
5.
Teacher for language teaching at universities.
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§ 6 Training occupations

(1) For foreigners who are domestically qualified in a state-approved or comparable country , the agreement may be granted for the pursuit of a job equivalent to that of a professional qualification. Qualified vocational training is available if the training period is at least two years.(2) For foreigners who have obtained their professional qualification abroad, consent to the exercise of a job corresponding to the professional qualification may be employed in a state-approved or comparable Training occupations shall be issued if the body responsible for professional recognition in accordance with the regulations of the Federal Republic of Germany or the Länder has established the equivalence of the professional qualification with a qualified vocational training in Germany and
1.
the persons concerned 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 mediation has been mediated or
2.
the Federal Employment Agency for the corresponding occupation or the corresponding professional group differentiated according to The
Employment Agency (Bundesagentur für Arbeit
(Bundesagentur für Arbeit) (Federal Employment Agency) is able to give its consent in the cases of the first sentence of the first sentence of the first sentence of the first sentence of the first sentence. Point 2 to certain countries of origin and specify the number of admissions which are based on demand.(3) The assent referred to in paragraphs 1 and 2 shall be given without prior examination of the prior authorisation. Non-official table of contents

§ 7 Graduates of German schools abroad

No agreement is required to grant a Residence permits for graduates of German schools abroad
1.
with a recognised foreign university degree or a foreign university University degree comparable to a German university degree, in order to pursue a job equivalent to a professional qualification,
2.
for exercise 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 vocational training system, or
3.
for the purpose of qualified in-company training in a state-approved or comparably regulated training occupation.
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§ 8 Operational Training and Further Education; Recognition of Foreign Professional Qualifications

(1) The consent may be given to the Grant of a residence permit in accordance with § 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 Act. 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 education measure without prior examination of the prior examination.(3) Is for a qualified employment
1.
the determination of equivalence of a foreign country professional qualifications acquired within the meaning of Article 6 (2) or
2
in a profession regulated in the territory of the country, the power to practise the profession is necessary
and is therefore The residence permit may be granted for the purposes of the exercise of this temporary employment. Consent shall be given without prior examination. Non-official table of contents

§ 9 Employment in pre-employment or longer periods of stay

(1) No consent is required to exercise a Employment among foreigners who own a Blue Card EU or a residence permit and
1.
legally an insured person for two years. have been in employment in the Federal Republic of Germany or
2.
have been permitted, tolerated or resident in the territory of the Federal Republic for three years; Interruption periods shall be taken into account in accordance with Section 51 (1) (7) of the Residence Act.
(2) The period of employment referred to in paragraph 1 (1) shall not be counted as periods
1.
of occupations that were before the time when the foreigner or the foreigner came under the task of her or his habitual residence,
2.
a temporary employment according to the Residence Act or this Regulation, and
3.
(3) The period of residence referred to in paragraph 1 (2) shall be the time of the period of residence of the Member State.
(3) The period of residence referred to in paragraph 1 (2) shall be: Stay in accordance with § 16 of the Residence Act only half and only up to two years. 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

Part 3
Temporary Employment

Non-official employment Table of Contents

§ 10 International Personnel Exchange, Foreign Projects

(1) The consent can be granted for the exercise of an employment of up to three years
1.
Foreigners who have a higher education or a comparable qualification, in the context of the exchange of personnel within an international Company or group,
2.
for employees of an international group or company active abroad in the domestic Part of the group or part of the company, if the activity is indispensable for the preparation of foreign projects, the employee becomes active in the execution of the project abroad and is required to do so by means of a German Skilled workers comparable qualifications and, in addition, special, especially company-specific, special knowledge.
Approval is granted without prior examination.(2) In the cases referred to in the first sentence of paragraph 1, point 2, the consent may also be granted to employees of the contracting authority of the international project if, in connection with the preparatory work, they are temporarily informed of the Contractors are employed, 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. Non-official table of contents

§ 11 Language teachers, speciality chefs and speciality chefs

(1) The consent can be Teachers are granted to teach in schools under the supervision of the relevant professional consular post, with a period of validity of up to five years. Consent shall be 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 will be given in the period up to 1. August 2015 at the latest for one year.(3) A renewed employment pursuant to paragraphs 1 and 2 shall not be granted prior to the expiry of three years from the end of the former residence permit. Non-official table of contents

§ 12 Au-pair jobs

The consent can be granted to people 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. Non-official table of contents

§ 13 Domestic Workers of Dispatched

The consent to the exercise of an employment as a domestic worker or Domestic worker for persons who are temporarily active in the home country
1.
for their employer or on behalf of a company domicated abroad or
2.
the domestic workers or the domestic workers on the basis of the Vienna Convention on Diplomatic Relations or Consular Relations ,
may be granted if these persons have been in their household for at least one year prior to their entry in their household for the care of a child under the age of 16 years or of a dependent person Member of the Budget. 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

§ 14 Other employments

(1) No consent is required to grant a residence permit to
1.
People who are part of a legally regulated or a program of the European Union voluntary service, or
2.
mainly for charitable or religious reasons employees.
(2) No agreement is required Granting of a residence permit to students as well as pupils of foreign universities and technical schools for the exercise of a holiday occupation of up to 90 days within a period of twelve months, which is provided by the Federal Agency has been mediated for work. Non-official table of contents

§ 15 Internships for continuing education purposes

No agreement is required to grant 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 to achieve the Training target is demonstrably necessary,
2.
within the framework of a financial support from the European Union or bilateral development cooperation Program,
3.
with a duration of up to one year as part of an international exchange program of associations, public service organizations, or student organizations to students or graduates of foreign universities in agreement with the Federal Employment Agency,
4.
to specialists and managers, which receive a grant from public German funds, European Union funds or funds from international intergovernmental organizations, or
5.
with a period of up to one year during a course of study at a foreign university, which is carried out in agreement with the Federal Employment Agency after the fourth semester.
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§ 15a Seasontime activities

The consent can be given to a residence permit for the exercise of employment in the country and Forestry, in the hotel and catering sector, in the processing of fruit and vegetables and in sawmills of at least 30 hours per week, with an average of at least six hours working daily up to a total of six months in the calendar year if the persons concerned have been informed of the procedure and the selection on the basis of an agreement by the Federal Employment Agency with the employment services of the country of origin. 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. Non-official table of contents

§ 15b Schaustellergehilfen

The consent to a residence permit for the exercise of employment in the Foamers can be granted up to a total of nine months in the calendar year if the persons concerned are responsible for the procedure and the selection on the basis of an agreement by the Federal Employment Agency with the employment management of the country of origin have been imparted. Non-official table of contents

§ 15c Household aid

The consent to a residence permit for the exercise of an insurance subject Full-time employment up to three years for domestic work and necessary care for everyday care in households with those in need of care within the meaning of the Eleventh Book of the Social Code can be granted if the persons concerned are The Bundesagentur für Arbeit (Federal Employment Agency) has been informed about the procedure and the selection process by the Federal Employment Agency (Bundesagentur für Arbeit). 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 provided for in the first sentence may be granted only if, after leaving the country, the person concerned has been resident abroad for at least the length of time he has been employed in the country. name="BJNR149910013BJNG000400000 " />

Part 4
Posted Workers

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§ 16 Business traveler

No consent is required to issue a residence permit to people who
1.
employed by an employer domiciled in Germany in the commercial sector abroad,
2.
for An employer based abroad, holding meetings or negotiations at home, creating contract offers, concluding contracts or monitoring the performance of a contract, or
3.
for an employer based abroad to set up, monitor or control a domestic part of the company,
and which, in the context of their employment, is kept under of their habitual residence abroad as a whole no longer than 90 days within a period of 180 days. Non-official table of contents

§ 17 Continuing training

No consent is required to issue a residence permit to a foreign country. Employees of an international group or company for the purpose of continuing in-company continuing training in the domestic group or part of the company for up to 90 days within a period of twelve months. Non-official table of contents

§ 18 Journalists

No consent is required to issue a residence permit to employees of a Employer with head office abroad,
1.
Activity from the Press and Information Office of the Federal Government or
2.
which, while retaining their habitual residence abroad, will work in a journalistic place in Germany if the duration of the activity is 90 days within a period of twelve months.
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§ 19 Work delivery contracts

(1) No approval requires the granting 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: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Industrial machines, systems and programs of electronic data processing that are used for have been appointed, assembled, servied or repaired by the employer, or in order to be used in the operation of such machines, installations and programmes,
2.
To remove machines, attachments, and other things purchased or to be used in their operation,
3.
dismantled, used assets for rebuilding in the host state of the employer,
4.
company-owned trade fair stands or trade fair stands for a foreign company located in the host state of the employer, to-and to dismantle and supervise the company or
5.
in the context of export delivery and license agreements to complete an operating course.
In the cases of the first sentence of sentence 1, point 1 and 3, the exemption require the employer of the Federal Employment Agency to display the jobs prior to their admission.(2) The consent may be granted to persons who are posted abroad by their employer based abroad for more than 90 days and up to a period of three years in the territory of the country concerned, in order to: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Industrial machines, systems and programs of electronic data processing that are used for have been appointed, assembled, servied or repaired by the employer or in order to be used in the operation of such machines, installations and programmes, or
2.
dismantled, used attachments for the purpose of rebuilding in the host state of the employer.
Approval is given without prior examination. Non-official table of contents

§ 20 International road and rail transport

(1) No consent is required to issue a residence permit the driving personnel, the
1.
in the carriage of goods by road for an employer with seat
a)
in the territory of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area in the case of cross-border transport referred to in Article 2 (2) or cabotage operations referred to in Article 8 (2) of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21. 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 international carriage of goods by means of a vehicle registered in the Member State of State of the employer, for a Stay of no more than 90 days within a period of 12 months, or a vehicle registered in Germany transferred to a country outside this territory
2.
in international passenger transport on the street for an employer based abroad, cross-border journeys with a registered employer in the country of residence of the employer The vehicle is carried out. This applies in the case of international scheduled services with bus and coach services even if the vehicle is registered in Germany.
(2) No agreement is required to issue a residence permit to the staff in the cross-border area. Rail transport, if the carrier has its registered office abroad. Non-official table of contents

§ 21 Service provision

No consent is required to grant a residence permit to persons who are Undertakings established in a Member State of the European Union or of a State Party to the Agreement on the European Economic Area in the Member State of residence of the undertaking, and for the purpose of providing a service be temporarily dispatched to the federal territory.

Part 5
Special professional or person groups

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§ 22 Special professional groups

No consent is required to issue a residence permit to
1.
People, including their help person, who maintain their habitual residence in the Work abroad in lectures or in performances of special scientific or artistic value or in performances of sporting character in the country, if the duration of the activity is 90 days within a period of twelve months
2.
Persons engaged in festival or music and cultural days, or in the context of guest performances or foreign film and Television productions shall be dispatched if the duration of the activity does not exceed 90 days within a period of twelve months,
3.
persons in Daily performances up to 15 days per year occur,
4.
Professional sportsmen and professional sportsmen and professional trainers, whose use in German Sports clubs or comparable sports facilities participating in competitive sports, if they are
a)
the 16.
b)
the association or the institution shall pay a gross salary equal to or greater than 50% of the contribution rate limit for the statutory Pension insurance is, and
c)
the German top association responsible for the sport, in agreement with the German Olympic Sports Confederation, the sportsmen and women Qualification as a professional athlete or professional athlete or professional qualification as trainer or trainer confirmed
5.
photomodals, advertising types, mannequins or Dressmen,
6.
Travel guides who, while retaining their habitual residence abroad, foreign tourist groups to the home country if the duration of the activity does not exceed 90 days within 12 months, or
7.
Interpreters, who shall maintain their habitual residence abroad for a company based abroad in meetings or negotiations in Germany, if the duration of the activity does not exceed 90 days within a period of twelve months.
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§ 23 International Sports Events

No consent is required to issue a residence permit to persons who are Preparation, participation, implementation and follow-up of international sports events will be accredited by the respective organizing committee, provided that the Federal Government has taken over implementing guarantees; these are in particular the following People:
1.
the representatives, employees and agents of associations or organizations, including Referees and assistant referees and assistant referees,
2.
The sportsmen and sportsmen as well as the paid staff of the participating teams,
3.
the representatives of the official association partners and the official license partners,
4.
the representatives of the media, including the technical staff and the employees of the media partners.
Unofficial Table of Contents

§ 24 Shipping and Air Transport

No consent is required to issue a residence title to
1.
the members of the crews of seagoing ships in international traffic,
2.
according to the law of the Seafarers persons authorised for the service of seafarers,
3.
the technical staff on inland waterway vessels and in international transport the staff required for the purpose of providing the services Personnel and service personnel on passenger ships or
4.
the crews of aircraft, with the exception of the drivers of aircraft, Flight engineers as well as flight navigators in the case of domestic companies.
Non-official Table of Contents

§ 25 Culture and Entertainment

consent can be given to people who
1.
performing arts or artistic employment or employment as auxiliary staff required for performance, or
2.
posted for more than 90 days in guest performances or foreign film or television productions.
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§ 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 may be granted consent to the exercise of any employment irrespective of the place of residence of the employer. Non-official table of contents

§ 27 frontier workers ' employment

To issue a cross-border commuter card pursuant to Section 12 (1) of the Residence Regulation, the Consent shall be given. Non-official table of contents

§ 28 German People's Associated

(German People's Associated States), which is subject to a notice of admission in accordance with the German Federal Displaced Persons Act , consent to a residence permit for temporary employment may be granted.

Part 6
Other

unofficial table of contents

§ 29 international agreements

(1) For jobs within the framework of the existing states of Turkey, Serbia, Bosnia-Herzegovina and Macedonia Contract workers ' agreements may be given consent. 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. Care must be taken to ensure that small and medium-sized enterprises are also adequately taken into account in the national territory.(2) The consent to the exercise of an employment of up to 18 months may be granted if the persons concerned are responsible for the employment of workers on the basis of an intergovernmental agreement on the employment of workers professional and linguistic training (Gastworker Agreement) with the State of which they are nationals.(3) There is no need for consent for employment by intergovernmental agreements in which it is determined that a person is not required to work or work on a work permit. In the case of employment according to agreements in which it is determined that a work permit or work permit can be issued, consent may be granted.(4) For technical or international exhibitions, which follow on from the 22. The Agreement on International Exhibitions, signed in Paris in November 1928, may be approved for nationals of the issuing States if they are responsible for preparing, carrying out or implementing the Agreement for the issuing State, or Termination of the national exhibition contribution.(5) The consent may be granted to persons who are properly employed by a company established abroad and on the basis of the Agreement establishing the World Trade Organization of 15 June 1990 on the establishment of the World Trade Organisation. 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. Non-official table of contents

§ 30 Employment stays without residence permit

Not applicable as an employment within the meaning of the Residence Act
1.
Activities under § § 3 and 16, which have been exercised for up to 90 days within a 180-day period
2.
Activities in accordance with § § 5, 14, 15, 17, 18, 19 (1) and § § 20, 22 and 23, which have been exercised for up to 90 days within a period of twelve months ,
3.
Activities in accordance with § 21, which are the legal status of a long-term person in another Member State of the European Union Persons entitled to stay, shall be exercised for up to 90 days within a period of twelve months, and
4.
Activities of persons subject to the provisions of § § 23 to 30 the residence regulation is exempt from the requirement of a residence permit.

Part 7
Employment when staying for international, humanitarian or political reasons, as well as persons with a residence permit. Toleration and Asylum seekers

Non-official table of contents

§ 31 Employment in the case of a stay in international, humanitarian, or international law The

Agency for Foreign Affairs of the Federal Republic of Germany (Bundesagentur für Ausländerinnen) does not require the consent of the Federal Agency for Foreign Affairs of the Federal Republic of Germany to grant a residence permit issued in accordance with Section 5 of the Residence Act. Work. Non-official table of contents

§ 32 Employment of Persons with Duldung

(1) Foreigners who have a Duldung can have a Consent to the exercise of employment shall be granted if it has been allowed, tolerated or resident in the territory of the Federal Republic of Germany for three months. § § 39 to 41 of the Residence Act shall apply accordingly.(2) No consent is required to grant permission to exercise
1.
of an internship in accordance with § 22 (1), second sentence, points 1 to 4 of the minimum wage law,
2.
vocational training in a state-approved or comparable Training occupation,
3.
Employment in accordance with § 2 (1), § 3 number 1 to 3, § 5, § 14 paragraph 1, § 15 number 2, § 22 number 3 to 5 and § 23 or
4.
an employment of spouses, life partners, relatives and disappeared first degree of an employer in the company's establishment, if the employer with these in domestic Community living.
(3) The consent of the Federal Employment Agency, if it has been allowed for four years without interruption, is not required by the Federal Employment Agency (Bundesagentur für Arbeit) to grant a permit for employment to foreigners who have a condoning. may be tolerated or have a residence permit in the Federal Republic of Germany.(4) Paragraphs 2 and 3 shall also apply to foreign nationals with a residence permit.(5) The consent to the exercise of employment shall be granted to foreigners with a Duldung or residency without prior examination, if they are
1.
take up employment according to § 2 Paragraph 2, § 6 or § 8 or
2.
has been uninterrupted for 15 months shall be allowed, tolerated or held in the territory of the Federal Republic of Germany.
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§ 33 Refusal of permission to: Employment of Persons with Duldung

(1) Foreigners who have a Duldung may not be allowed to pursue employment if
1.
they have gone to the home to gain benefits under the Asylum Seekers Benefits Act, or
2.
Residents are not allowed to complete their stay in order for reasons that they themselves have to represent.
(2) Foreigners have to be represented by the Reasons referred to in paragraph 1 (2), in particular, if they cause the obstacle to deportation through their own deception on their identity or nationality or on their own false information.

Part 8
Rules of Procedure

Non-official table of contents

§ 34 Restriction of consent

(1) The Federal Employment Agency (Bundesagentur für Arbeit) can Consent to the exercise of a job with regard to
1.
the professional Activity,
2.
employer,
3.
the region in which employment is exercised , and
4.
the location and distribution of working time.
(2) The consent is given for the duration of 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 Article 17a (1) sentence 3 of the Residence Act, consent shall be given as follows:
1.
in training for the training period stipulated by the training regulations and
2.
in the course of further training for the duration, which is intended by the Federal Employment Agency (Bundesagentur für Arbeit) to achieve the goal of further training
unofficial table of contents

§ 35 reach of consent

(1) consent to the exercise of employment will be in each case to a specific residence permit.(2) If the consent has been given to a residence permit, the consent shall continue to apply for any other residence permit within the limits of its time limit.(3) 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) Where an agreement has been given for a specific employment relationship, it shall cease to apply this employment relationship.(5) The consent to the exercise of employment may be granted without prior examination if, after the expiry of the period of validity of a consent granted for at least one year, the employment continues with the same employer. This shall not apply to employment which is limited in time under this Regulation or by an intergovernmental agreement. Non-official table of contents

§ 36 Grant of consent

(1) The Federal Employment Agency shall notify the competent authority of its consent to issue. A residence permit according to § 39 of the Residence Act or a cross-border commuter card, the failure of which pursuant to Section 40 of the Residence Act, the revocation pursuant to Section 41 of the Residence Act and the withdrawal of consent.(2) The consent to the exercise of an employment shall be deemed to have been granted if the Federal Employment Agency does not inform the competent authority within two weeks of the transmission of the consent request that the information provided for the The decision on the consent shall not be sufficient or that the employer has not provided the necessary information or has not issued the necessary information in good time.(3) The Bundesagentur für Arbeit (Federal Employment Agency) is to agree to the competent authority before the transmission of the consent request for the exercise of employment, or whether the conditions relating to the labour market for a later approval of the employment market are met. where the employer has provided the necessary information and the procedure is speeded up. Unofficial Table Of Contents

§ 37 Hardship Case Rule

Foreigners may consent to pursue an employment without Priority examination will be given if their failure would result in a particular hardship.

Part 9
Recruitment and placement abroad

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§ 38 recruitment and placement

The recruitment in states and the placement of workers from states listed in the annex to this regulation may apply to: Employment in health care and nursing professions is only carried out by the Federal Employment Agency. Non-official table of contents

§ 39 Administrative Offences

is an administrative offence within the meaning of Section 404 (2) (9) of the Third Book of the Social Code, Anyone who intentionally or negligently carries out an recruitment or placement in employment contrary to § 38. unofficial table of contents

asset (to § 38)

(found: BGBl I 2013, 3903 and others). 3904)
1.
Afghanistan (Islamic Republic of Afghanistan),
2.
Angola (Republic),
3.
Equatorial Guinea (Republic),
4.
Ethiopia (Democratic Republic of Germany),
5.
Bangladesh (People's Republic),
6.
Benin (Republic),
7.
Bhutan (Kingdom 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),
19.
Honduras (Republic),
20.
India (Republic),
21.
Indonesia (Republic),
22.
Iraq (Republic),
23.
Yemen (Republic),
24.
Cambodia (Kingdom of Cambodia),
25.
Cameroon (Republic),
26.
Kenya (Republic),
27.
Comoros (Union of Comoros),
28.
Congo (Democratic Republic),
29.
Congo (Republic),
30.
Laos (Lao People's Democratic Republic),
31.
Lesotho (Kingdom of Lesotho),
32.
Liberia (Republic),
33.
Madagascar (Republic),
34.
Malawi (Republic),
35.
Mali (Republic),
36.
Morocco (Kingdom of Morocco),
37.
Mauritania (Islamic Republic of Mauritania),
38.
Mozambik (Republic),
39.
Myanmar (Union Myanmar),
40.
Nepal (Kingdom of Nepal),
41.
Nicaragua (Republic),
42.
Niger (Republic),
43.
Nigeria (Federal Republic),
44.
Pakistan (Islamic Republic of Pakistan),
45.
Papua New Guinea (Independent State) Papua New Guinea),
46.
Peru (Republic),
47.
Rwanda (Republic),
48.
Zambia (Republic),
49.
Senegal (Republic),
50.
Sierra Leone (Republic),
51.
Zimbabwe (Republic),
52.
Somalia (Democratic Republic of Somalia),
53.
Tanzania (United Republic of Germany) Tansania),
54.
Togo (Togolese Republic),
55.
Chad (Republic),
56.
Uganda (Republic),
57.
Central African Republic.