Employment possibilities in asylum proceedings
Employment possibilities in asylum proceedings
You are in an asylum proceeding and are tired of killing time and want to finally work?
You are receiving money from the basic goverment primary care and ask yourself if you are allowed to work?You are volunteering. Does paid work help your asylum proceeding?
In the media you ofentimes hear of asylum seekers coming to Austria to receive benefits from the government. Actually also educated people come to Austria having left behind well-paying jobs as they had to flee from their countries. After they enter Austria, they, of course, ask themselves, what possibilites of employment exist in asylum proceedings.
Several asylum seekers have to come to my office and asked me, which employment opportunites they currently have in their asylum proceeding. If you have similar questions, I hope this article will remove anything unclear.
Just because you have lodged an asylum application in Austria, does not generall mean, that the doors to the labor market are closed.
Even though you might have been to several companies and everyone gave you a rejection, as you currently only have an asylum card, there is still a chance to find work in Austria.
We are not talking about voluntary work, but about regular and paid work.
Also in asylum proceedings there are employment opportunities for you.
I am in an ongoing asylum proceeding. What employment possibilities do I have?
1. Self-employment with business license
2. Freelance work without business license as "new freelancer"
3. Self-employment with service cheques.
4. Dependent work at a company.
5. Starting a company/business
In Austria, asylum seekers, in an ongoing asylum case (white card), are allowed to pursue self-employment with a business license. Please consult a lawyer concerning the details.
How can I apply for a business license?
In Austria, asylum seekers, in an ongoing asylum case (white card), are allowed to pursue self-employment with a business license.
Example: An asylum seeker wants to deal with cars. He can apply for a business license as a car dealer.
Where can I apply for for the business license?
The business license can be applied for at the responsible Chamber of Commerce (depending on place of residence).
Which requirements do I have to meet?
The most important pre-requisites are:
1. Ongoing and approved asylum proceeding.
2. Integrity of character-no criminal convictions, criminal priors, i.e. have to be completely cleared.
Which costs will I incur for the application?
The application itself is free of charge. The social security/pension insurance amounts to about €150 per month (paid every third month, or quarter). In addition chamber fees of €200 per year are due.
Important: The income tax begins at a profit of €13.000 per year. If you accumulate less profit, you do not have to pay income tax.
Please consult a lawyer concerning the application, the requirements, and the necessary documents.
In Austria, asylum seekers are allowed to work freelance without a business license. Please contact a lawyer for details.
How can I work without a business license?
In Austria, asylum seekers, in an ongoing asylum case (white card), are allowed to pursue self-employment without a business license, as "new freelancer".
According to trade, commerce, and regulation code there are activities that do not require a business license.
Example:
An asylum seeker plans to work as a journalist or tutor. He can carry out this work as a new freelancer
At which office do I have register this line of work?
The independent work has to be registered at the responsible social security office
(according to place of residence) and the responsible tax office.
Which requirements do I have to meet?
-Ongoing asylum case documented by a white card
-Practice of independent work.
How much will the application cost?
The application itself is free of charge. The social security payments amount to about €43 per month (payable every third month, or quarter).
Important: Should you earn more than €5.361,72 per year you have to pay additional pension contributions of €150 per month.
Please consult a lawyer concerning the application, the requirements, and the necessary documents.
Since April 2017, asylum seekers, who are in an approved asylum proceeding for three months, documented by a white card, are allowed to work indepedently with service cheques. Please consult a lawyer for details.
How can I work with service cheques?
Since April 2017, asylum seekers, who are in an approved asylum proceeding for three months, documented by a white card, are allowed to work indepedently with service cheques. This activity comprises househould services in private household (i.e., garden work, child care, etc).
Example:
An asylum seeker wants to work freelance as a gardner, applies for service checks, and can work freelance after he has registered at the health insurance office.
Where can I apply for the service cheques?
The service cheques can be applied for online. The activity/employment also has to registered at the responsible health insurance office.
Which requirements do I have to meet?
The most important pre-requisite:
1. A since three month pending approved asylum case-documented by the white card.
What costs are connected to the application?
The application itself is free of charge. At the health insurance office contributions of €76,91 are due each month.
Please notice: If you earn €612,07, or more, in other words, the monthly minimum wage threshold, an Austrian Public Employment Service (AMS) permit is needed.
Please consult a lawyer concerning the application, the requirements, and the necessary documents.
In Austria asylum seekers, who are in an approved asylum proceeding for three months, documented by a white card, are allowed to work at companies/businesses, with an AMS permit. Please contact a lawyer for details.
How can I obtain an Austrian Public Work Service (AMS) permit?
In Austria asylum seekers, who are in an approved asylum proceeding for three months, documented by a white card, are allowed to work for companies/businesses, with an AMS permit. Oftentimes asylum seekers can work in agriculture als season workers with AMS permit.
Example: An asylum seeker works as a waiter a restaurant with a business license.
Where can I apply for the permit?
The AMS permit can only be applied for by the future employer. After you have found the right company, your boss has to apply for it. The permit is valid for one year and has to be renewed before it expires.
Which requirements do I have to fulfill?
The most important requirement:
1. A pending approved asylum case-documented by the white card.
Which costs will be incurred with the application?
Your employer will bear the costs, which are minimal.
Please consult a lawyer concerning the application, the requirements, and the necessary documents.
Asylum seekers are also allowed to start a company. Please contact a lawyer for details.
How can I start a company as an asylum seeker?
Asylum seekers are also allowed to set up a company and thereby pursue employment.
Important: Just because you are starting a company in Austria does not mean that you will receive asylum or a residence permit.
Since starting a company involves several steps, please contact a lawyer who can help you with the establishment (for details, requirements, documents, forms).
If you are in primary government care (Grundversorgung) and want to work please notice:
If you are in primary government care, you have to first consult and report your future employment to your supervisor.
Should you fail to do this and receive a steady income while you are in primary government care, it can happen you that have to pay back money (a considerable amount of money).
Paid work, i.e., employment, is rated positively by the authorities. Tip from the lawyer: as soon as you are entitled to work in your proceeding, you should seek an employment opportunity.
What kind of an impact does employment have on my proceeding? Can I get a positive decision, i.e. residence permit?
Paid work, i.e., employment, is rated positively by the authorities, and is seen as an integration step. However, a positive decision in your case, is dependent on several factors (which proceeding, duration of residence in Austria, country of origin), which, in your case, means that work alone, does not translate to a residene permit.
Tipp from the lawyer: As soon as you are entitled to work in your proceeding, you should seek an employment opportunity.
Our recommendation: Schedule a consultation.
I want to work. What are my next steps?
1. Contact the lawyer and schedule an appointment.
2. Receive counsel to find out which employment possibility (freelance or dependent) is best fit for you.
a.) In case of freelance work-
i. Hire the lawyer to register you at the responsible authorities.
b.) In case of dependent work-
ii. Hire the lawyer to contact the future employer, in order for a registration to take place.
Schedule an appointment right away
Just because you do not have a decision and are waiting for asylum or a residence permit, does not mean, you are not allowed to work.
In short, a lawyer can help you find employment possibilities, and most of the time, carry out the registration.
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
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