Method of accommodationProvision and care (Asylbewerberleistungsgesetz, Asylum Seekers Benefits Act)
Work permits for asylum seekers
During the initial three months asylum seekers must live in so-called 'initial reception camps' (e.g., old barrack blocks). The distribution of asylum seekers amongst the various German states follows a fixed distribution rule. Accommodation therefore often does not take place in that federal state in which the refugee has submitted his/her petition for asylum. Often, by the allocation of accommodation, the authorities do not take note of particular groups of individuals, such as single mothers or persons with diverging political or religious beliefs.
Compulsory registration exists in the camps, as well as entry and exit controls, restrictive granting of permission for visits and in some cases a ban on visits.
After these initial three months a 'transfer' to an allotted rural district, town or city, where they are allotted 'communal accommodation' (Gemeinschaftsunterkünften), which are often containers, former hotels etc. These are mostly very cramped spaces. In some situations six persons share about 36 sq. yards (30 m²). Right of residence of the refugees extends only to within the rural district/town/city, and in order to leave this area, for whatever reason, approval must be granted by the aliens authority. A right to this approval does not exist.
Provision and care of the refugees is controlled by the Asylum Seekers Benefits Act, with which are entailed drastic restrictions since the refugees are excepted from the Federal Social Benefits Act (Bundessozialhilfegesetz). In the first year following submission of the petition for asylum, the act reduces the social benefits for asylum seekers to about 80 % of the social benefits for Germans. Apart from a sum of money for 'personal requirements' (pocket money between forty and eighty German marks per month) in cash form, the act provides goods, or credit notes for goods and/or services. Exceptions to this ruling are provided for, so that not in all of the German states the provision of goods occurs in the form of credit notes. This is however the general rule in the new federal states (that is to say; the former East Germany); Brandenburg, Mecklenburg-West Pomerania, Saxony, Saxony-Anhalt and Thuringia, and in the Western German states of Baden-Wurttemberg and Bavaria.
These services are only then available to asylum seekers when their entire income and capital assets have been used up. Those who are employed or own capital must pay for the services received, that is; food and lodging. The head of each household must pay 300 German marks per month for lodging, plus 150 marks for each further member of the household. A family of four persons for example would therefore have to pay 750 marks for a small room of less than 15 sq. yards.
Further restrictions by the Asylum Seekers Benefits Act are;
In July 1998 the Asylum Seekers Benefits Act was once again altered.
On the 6 February 1998, a further restriction to the Asylum Seekers Benefits Act for refugees was passed by the Bundesrat (the upper house of the German federal parliament), according to which the entitlement to social assistance (welfare, rent, medical care) for aliens who have 'toleration' status, and who do not intend to depart voluntarily, (although no legal or actual obstacles oppose their repatriation), should be completely withdrawn. This is deemed to affect aliens who make no declaration of their identity or country of origin. Whether this affects also the Bosnian war refugees is a moot point. This law is not yet in force, since it must first pass through the lower house, the Bundestag.
During the time in which they are having to live in initial reception camps (usually the first three months), asylum seekers are not permitted to work. Asylum seekers who entered Germany before 15.05.1997, may apply for a work permit. The issuance of a work permit must be reported to the nearest employment office (Arbeitsamt). The placement of a person in employment occurs in the following order of predisposition:
Even if the asylum seeker has found employment him/herself, the employment centre will examine if another unemployed person has priority for this job (see above). After one year the job must be advertised once again (for six weeks) to see if anyone else has priority. The chances for asylum seekers of finding a job are presently so small that this ruling virtually represents an employment ban.
An employment ban of unlimited duration exists for asylum seekers who entered Germany after 15.05.1997 (see 'migratory work'). This may at some time be altered to a temporary ban of one to two years duration.
© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/