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Furthermore, work opportunities shall be made available where possible at state, municipal and non-profit organisations, insofar as the work would not otherwise be performed, or would not be performed in this scope or at this time. An allowance of Euro 1. The Integration Act has led to a reduction of the allowance to Euro 0. Since the work opportunities are not considered as an employment relationship Section 5 par 5 ArbLG , asylum seekers are not be entitled to minimum wage. Beginning It is planned to create , work opportunities. Asylum seekers from safe countries of origin as well as foreign nationals who are legally obligated to leave the country, including holders of a temporary residence permit, are not allowed to participate in the program.
Any asylum seeker able to work and not employed who is at least 18 years of age and not in full-time education is obliged to accept the work opportunity made available. The person must be informed of this duty beforehand in writing Section 5a para 3 sent. Only in case of particular individual circumstances can other necessary benefits be refused. This is not applicable if the asylum seekers can present important grounds see Section 12 par. The organizations offering work opportunities shall immediately inform the authorities if asylum seekers refuse to take up or continue the work opportunities assigned to them or prevent such opportunities from being exercised owing to their behaviour.
Asylum seekers are not permitted to take up any paid employment while they are obliged to live in a reception facility see above , but at least for three months Section 61 par. For asylum seekers from a safe country of origin who applied for asylum after 31 August , this ban on employment applies for the whole period of their asylum proceedings Section 61 par. Work permits have to be applied for at the immigration office.
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The approval will only be granted if no German or other citizen of the European Union can be considered priority check. After a stay of 15 months in Germany , approval will be granted without a priority check Section 32 par. From Asylum seekers holding a temporary residence permit may also take up a job as temporary workers. Insofar as the approval to exercise an employment is still required , this is deemed granted if the Federal Employment Agency does not inform the competent authority within two months after the communication of the approval request that the information received is not sufficient take a decision or that the future employer did not send the necessary information, or failed to do so on time Section 36 paragraph 2 BeschV.
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Currently, this happens quite often. Therefore, one should always ask the immigration office for written confirmation of the submission date. Three days later one should ask the immigration office whether the approval request has been forwarded to the Federal Employment Agency, and after 14 days one should ask the immigration office whether they have received a response from the Federal Employment Agency. If not, asylum seekers may pick up their work permit at the immigration office.
The same is applicable to the following traineeships Section 32 par. The approvals will be granted under the condition that employment of the foreign national is allowed. The stay of the foreign national is permitted during the asylum procedure. This authorization expires if the asylum application is rejected by courts or withdrawn. They only receive the "necessary demand" notwendiger Bedarf , which should be satisfied by non-cash benefits. Section 3 et. When all necessary personal requirements are covered by cash payments, asylum seekers receive the payments stated in Section 3 par.
These are considerably lower than the social welfare rates of need and have been reduced again through the Law on the Introduction of Expedited Proceedings of Benefits with respect to sickness are limited to the treatment of acute illness and pain Section 4 AsylbLG. Dental restoration will only be carried out if this cannot be delayed for medical reasons in the individual case. Chronic diseases involving long-term treatment which therefore cannot be completed in Germany generally do not engender an obligation to provide service according to the official justification pursuant to Section 4 par.
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The claim pursuant to Section 4 par. The AsylbLG thus makes provisions to adequately treat individual cases and to allow access to healthcare exceeding the scope of benefits granted pursuant to Section 4 par. This standard provides for compulsory entitlement, especially for groups with a particular need for protection - by way of a reduction of the discretionary powers - insofar as this is necessary under European or constitutional law.
Before "Proof of Arrival" see above is issued, persons entitled to asylum will only receive benefits to cover their needs for food and accommodation, including heating, as well as for personal care and healthcare, granted as benefits in kind. This is not applicable if they have already undergone police identification and have been received by their assigned reception facility, and if the non-issue of the proof of arrival is due to reasons beyond their control Section 11 par.
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Asylum seekers who have been resident in Germany without major interruption for 15 month s, and who did not influence the duration of the stay in abuse of the applicable laws, will receive benefits based on SGB XII Section 2 par. In case of a relevant diagnosis, a claim can also be made for the cost of psychotherapy.. Depending on the state, the health card will be issued from the beginning or upon commencement of the analogue benefits, see the website "Health for asylum seekers".
Asylum seekers holding a temporary residence permit see above and where a legal and permanent stay is expected may already be admitted to an integration course during the asylum proceedings within the scope of available places in the course. In fact, only asylum seekers with a "good perspective to stay" will be admitted at the moment, the countries of origin: Syria, Iran, Iraq, Eritrea and Somalia.
The following additional provisions will apply from If the foreigners will refuse, despite written instructions on the legal consequences, to take up or properly participate in an integration course reasonable for them, they will not receive the "necessary requirement" anymore see above , but only benefits to cover their requirements for food and accommodation, including heating, as well as for personal and health care, which shall be granted as benefits in kind.
Only in case of the existence of particular circumstances in the individual case, also other benefits to cover their necessary requirement may be refused. An important reason may also be, in particular, if the person entitled to benefits starts or has started an employment on the general labour market, a vocational training or studies. After the formal application for asylum has been submitted see above the BAMF first checks whether or not it is the responsibility of another Dublin state to process the application. To clarify the question of responsibility, the BAMF requires the applicant to attend a personal hearing.
This is based on a questionnaire first or brief interview. Are there any states to which you do not wish to be transferred? It is also important that asylum seekers insist on receiving a complete re-translation of the minutes of the hearing before they sign it. After signing, pleas by applicants that their presentation is translated wrongly or inadequately will have no chance of success. If the BAMF concludes that another Dublin state is responsible, it submits a request for transfer to this state.
Simultaneously, it informs the asylum seeker about the request for transfer and the initiation of the Dublin procedure. The request for transfer must be submitted within two months of the Eurodac verification; or within three months in case of other proofs. The response from the requested Dublin State must be given within two months. If no response is given within this time, the requested State is responsible for the asylum procedure Art.
After the state has given consent, or if no conclusive response is given within the time allowed, the BAMF issues the Dublin notification : The application is rejected as inadmissible and an order for deportation to the respective Dublin state is issued.
The asylum seeker can file a complaint with the Administrative Court within one week. Deportation cannot be ordered before the Court has decided on the appeal, if the application was submitted within the given period of time Section 34a para 2 sentence 2 AsylG. The calculation of the deadline for transfer can usually be found on the last pages, or the asylum seeker can apply to inspect the files to access this information.
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Therefore, an emergency petition prolongs the period of time for transfer. Attempts have been made to bridge the time limit for transfer by presenting a medical certificate to the immigration office to attest that the asylum seeker is unable to travel. This is no longer possible due to the stricter requirements for proof of illness as a barrier to deportation see above. Church asylum according to the Dublin Regulation can become an option once the Dublin decision is final or the emergency petition for establishing suspensive effect of the complaint against the Dublin decision has been rejected.
This means that, following expiry of the transfer period no later than six months , Germany becomes responsible for the asylum procedure. Furthermore, the churches have reached an agreement with the BAMF that a case review will be carried out in justifiable cases between church and BAMF as early as possible and within the scope of legal possibilities. For this purpose, meaningful dossiers shall be presented by the church contacts to the BAMF, showing a substantiated humanitarian case of hardship in the individual case.
In general, after receipt of the dossier the BAMF branch offices are obliged to halt any further steps. After the review, a decision will be taken on whether the sovereignty clause pursuant to Article 17 par.
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The person will not be returned to another member country under terms of the Dublin regulation until the final decision has been taken. Furthermore, it is advisable immediately to obtain confirmation from the church parish that church asylum covers accommodation only and that all other benefits are granted only as advancements until payment of official social benefits resumes. Note: Since The asylum proceedings must be carried out in this facility within one week. If the BAMF fails to do this, the proceedings will be continued as non-expedited proceedings.
The expedited proceedings Section 30a AsylG are carried out in such cases among others : foreign nationals from safe countries of origin, see above. The countries Algeria, Morocco and Tunisia are also classified as safe countries of origin. We assume that all asylum seekers without documents will undergo expedited proceedings.
The asylum seekers are obliged to live in the special reception facility until the decision of the BAMF and also possibly until their departure or deportation. If they leave the district of the immigration office in which the special reception facility is located, their application for asylum will be regarded as withdrawn. If the asylum seekers can immediately prove in such a case that they left the district of the immigration office owing to circumstances beyond their control, the proceedings will be continued.
Failing this, the Federal Office will cease the asylum proceedings.
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The asylum seeker can apply to have the proceedings resumed. If the application of an asylum seeker is rejected as manifestly unfounded or inadmissible , he or she may file an action against this decision before the Administrative Court within one week, and may file an emergency petition with suspensive effect of the action. The emergency petition must be substantiated in detail, because the Administrative Court will only decide in a written procedure.
If the appeal is rejected, deportation may be enforced despite the pending legal action, and the asylum seeker may be deported. The airport procedure is a special form of expedited proceedings. Entry by air via certain airports". As a result, asylum seekers are detained during the entire the airport procedure in the transit area of?? In addition, due to the obligation to repatriate stated in Annex 9 to the Convention on International Civil Aviation, the airlines are obliged to return rejected asylum seekers to their country of origin or the place of departure.
These countries are themselves obliged to take the individuals back.