Training an asylum seeker is legally permissible and reliable
The law firm Kleibömer Dr. Arroyave Partners specializes in immigration law. We have already helped numerous asylum seekers and migrants legally obtain training or employment in Germany through the "Futuro en Alemania" program. We also serve as a contact for companies that specifically want to employ asylum seekers. For more information, see Futuro en Alemania . "Futuro en Alemania" is part of a holistic integration concept.
We know that many employers are initially unsure whether training or employing an asylum seeker is legally permissible and reliably possible. This concern is unfounded – as we explain below, based on legal evidence.
Residence permit for vocational training (Section 16g of the Residence Act)
Since March 1, 2024, Section 16g of the Residence Act (AufenthG) offers trainees who are required to leave the country the option of a residence permit for vocational training. This new residence permit (alternative to toleration) is issued for the entire duration of the qualified vocational training. With such a residence permit, the completion of the training and employment in the company are completely legal – the holder has a full residence permit, so that deportation during the training is excluded. This residence permit also offers a secure perspective beyond the training: After completing the training, there is a legal entitlement to a two-year residence permit to pursue employment corresponding to the qualification (cf. Section 16g Paragraph 8 of the Residence Act). Subsequently, if the trainee continues to work, a permanent residence permit (settlement permit) can even be obtained. For you as an employer, this means maximum legal certainty: Investing in the training of a
The training of asylum seekers pays off in the long term, as the trainee can remain permanently in the company or on the German labor market if he or she successfully completes his or her qualifications.
Training tolerance (Section 60c Residence Act)
Section 60c of the Residence Act (AufenthG) provides that asylum seekers required to leave the country are granted a temporary suspension of deportation (so-called "Ausbildungsduldung") during qualified vocational training. This temporary suspension guarantees the legality of the training and employment in the training company – a separate work permit is not required. The trainee may work in the company without restrictions during the training and is fully protected from deportation for the entire duration of the training. At the same time, the temporary suspension of deportation offers clear prospects for residence: After successfully completing the training, the law provides for a seamless transition to a permanent residence permit for employment (three years of training plus a subsequent work permit – the "3+2 rule"). This gives the trainee a realistic prospect of staying in Germany long-term and working in the profession they have learned (see Section 16g Paragraph 8 AufenthG).
As you can see, the training and employment of an asylum seeker is not only legally permissible, but also long-term and offers a high degree of planning security.
