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Table of contents

Where the residence title pursuant to subsection 1 is issued for study purposes or for other educational purposes, Sections 16 and 17 shall apply accordingly. In the cases covered by Section 17, the residence title shall be issued without the approval of the Federal Employment Agency. If the temporary residence permit is issued pursuant to subsection 1, the period referred to in sentence 1 shall begin when the holder is permitted to take up employment for the first time.


After this period has elapsed, the temporary residence permit shall entitle the holder to pursue an economic activity. Such approval may be granted if laid down in intergovernmental agreements, an act or a statutory instrument. German workers and foreigners of equal status shall also be deemed to be available if they can only be placed with assistance from the Federal Employment Agency. The future or present employer of a foreigner who requires or has obtained approval for such employment must furnish the Federal Employment Agency with information on pay, working hours and other terms and conditions of employment.

As for the rest, the legal provisions governing the approval by the Federal Employment Agency shall be applied to the work permit in the absence of any law or statutory instrument to the contrary. The Federal Employment Agency may determine demand-oriented admission figures with regard to approving the granting of a residence title for seasonal work and a seasonal work permit.

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The approval may be revoked and the seasonal work permit withdrawn if the foreigner is employed on less favourable terms than comparable German workers or the conditions stipulated in Section 40 are met. The aim of the integration course shall be to successfully impart the German language, legal system, culture and history to foreigners. In this way, foreigners are supposed to become acquainted with the way of life in the federal territory to such an extent as to enable them to act independently in all aspects of daily life, without the assistance or mediation of third parties.

The integration course shall be coordinated and carried out by the Federal Office for Migration and Refugees, which may enlist the services of private or public organisations to this end. Reasonable fees should be charged for attending the integration course, according due consideration to the ability to pay. This shall not include the examination and certification requirements of the final integration course tests, which shall be defined by statutory instruments issued by the Federal Ministry of the Interior without Bundesrat approval.

Permanent residence shall generally be assumed if the foreigner is issued a temporary residence permit valid for at least one year or has held a temporary residence permit for more than 18 months, unless the stay is of a temporary nature. This shall not apply if the foreigner was unable to register for an integration course within that period for reasons beyond his control. In cases covered by sentence 1, no. This provision shall apply accordingly to German nationals who do not have a sufficient command of the German language and have special integration needs, as well as to foreigners.

It shall be assumed that asylum applicants from a safe country of origin pursuant to Section 29a of the Asylum Act will not be permitted to remain lawfully and permanently. In the cases covered by sentence 1, no.


In the cases covered by sentence 1, nos. Where, in individual cases, the institution providing basic security for job seekers decides otherwise, it must notify the foreigners authority accordingly, which shall then revoke the obligation.

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The obligation shall be revoked where it is unreasonable to expect a foreigner to attend a part-time course in addition to pursuing an economic activity. Further, when issuing a residence title pursuant to Section 25 1 or 2 , the foreigners authorities may oblige a foreigner to take an integration course if he only has a basic command of the German language.

The foreigners authority may take administrative enforcement measures in order to enjoin the foreigner to meet his obligation to take an integration course. In case of non-compliance with the obligation to take an integration course, the prospective charge to cover costs may also be levied in advance in a single sum by issuing an official notice of fees.

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As a rule these courses shall build on the general language training provided in the integration courses. Job-related language training shall be coordinated and conducted by the Federal Office for Migration and Refugees. The Federal Office for Migration and Refugees shall commission private or public institutions to run the job-related language training courses. Labour market integration benefits pursuant to Book Two of the Social Code and active job promotion benefits pursuant to Book Three of the Social Code shall remain unaffected.

Participation in job-related language training shall not be open to foreigners who have permission to remain pending the asylum decision pursuant to the Asylum Act and who are not expected to be given permission to remain lawfully and permanently. A foreigner may otherwise be prohibited from leaving the federal territory only if he intends to enter another state without possessing the necessary documents and permits.

Denial of Natural Justice

The departure ban shall be lifted as soon as the reason for its imposition ceases to apply. If the foreigner fails to meet his obligation and if there is reason to believe that he is in possession of such documents or data carriers, he and the objects on his person may be searched. The foreigner shall be required to tolerate this measure.

Where there is reason to believe that analysing data carriers would provide only insights into the core area of private life, the measure shall not be permissible. The foreigner must provide the access data required for the permissible analysis of data carriers. The data carriers may be analysed only by employees who are qualified to hold judicial office.

Insights into the core area of private life which are acquired in the course of analysing data carriers may not be utilised. Records thereof shall be deleted immediately. A written record shall be made of the fact of their acquisition and deletion. Where personal data acquired in the course of analysing data carriers are no longer necessary for the purposes set out in sentence 1, they shall be deleted immediately. Subsection 3 shall remain unaffected. Section 23 1 of the Judicial Remuneration and Compensation Act shall apply accordingly to compensation paid to service providers.

Biometric data within the meaning of sentence 1 shall comprise only the fingerprints and the photograph. The measures shall be permissible on foreigners aged 14 or over; any doubts as to whether the foreigner has reached 14 years of age shall be to the detriment of the foreigner. Such recordings may only be made if the foreigner is informed beforehand. In accordance with sentence 1, only photographs and prints of all ten fingers may be taken. The identity of a foreigner below the age of 14 shall be documented under the conditions of sentence 1 only by taking a photograph. If this is the case, the foreigner who is obliged to leave the federal territory must be required to proceed to the territory of such state without delay.

A foreigner subject to a ban on entry and residence pursuant to Section 11 may be reported for the purposes of refusal of entry and, in the event of his being found in the federal territory, for the purposes of his apprehension. Section 66 of the Asylum Act shall apply accordingly to foreigners who have been allocated in accordance with Section 15a. The permanent settlement permit of a foreigner cohabiting with a German as his spouse shall not expire pursuant to subsection 1, nos. By derogation from subsection 1, nos.

The foreigner shall have no entitlement to the renewed issuance of a residence title on the basis of his recognition as a person entitled to asylum or by virtue of having been incontestably granted refugee status by the Federal Office for Migration and Refugees if he has left the federal territory and the competence for issuing a travel document has passed to another state. The opinion shall be considered by the competent authority if it is received from the other member state in sufficient time. The same shall apply to the permanent settlement permit of a foreigner who has resided lawfully in the federal territory for at least 15 years and to the permanent settlement permit of a spouse cohabiting with the foreigner if he is 60 years of age or older.

In the case of sentence 1, a national visa or a temporary residence permit which have not been granted for the purpose of employment must be revoked to the extent to which they permit employment. If the ICT Card or the Mobile ICT card is revoked, the residence title granted to the dependant must be revoked at the same time, unless the dependent has an independent entitlement to a residence title.

A temporary residence permit pursuant to Section 25 4a , sentence 1 should also be revoked if the foreigner has voluntarily re-established contact with the persons pursuant to Section 25 4a , sentence 2, no. The condition shall be waived if. An obligation to report to the police authorities in line with sentence 1 may be imposed if the foreigner. An order pursuant to subsections 3 and 4 shall be immediately enforceable. It may be extended by three-month periods at most, provided the requirements continue to be met. If the prerequisites for the order cease to exist, the measure is to be stopped immediately.

The authorisation stipulated in sentence 3 may be transferred, by a statutory instrument, from the Land governments to the supreme Land authorities responsible for enforcing this Act. The data stored pursuant to subsection 3, sentence 1 must be deleted no later than two months after their collection, insofar as they are not used for the purposes stated in subsection 4.

Any retrieval of data must be logged. The log data must be deleted after twelve months.