Labor Market Participation for Rejected Asylum Seekers: Navigating Differential Inclusion in Germany

This paper explores the complex realm of labour market participation for individuals with "Duldung" status in Germany, highlighting the paradoxical dynamics of differential inclusion. “Tolerated” persons, mainly rejected asylum seekers who cannot leave the country, find themselves in a precarious legal limbo. With a “non-status” that only temporarily suspends their deportation, they are positioned at a lower level within the civic hierarchy and face significant barriers to accessing the labour market and social services. This paper critically examines how the ambivalent legal framework and institutional barriers underpin a paradoxical state of simultaneous inclusion and exclusion, particularly in the labour market.

The research highlights the critical interplay between labour market and migration policies, which create a dual landscape of economic utilization and migration deterrence strategies that affect the participation pathways of tolerated migrants. It highlights the regulatory environment characterised by restrictive work permit policies and the limited reach of support programmes, which together impede access to stable and skilled employment opportunities. The prevalence of temporary work permissions, although facilitating immediate employment, often culminates in precarious work conditions, undermining long-term job security and career progression.

This paper is based on a three-year study in which 131 experts and tolerated persons in six municipalities in Germany were interviewed. Employing the concept of differential inclusion, alongside the framework of multiple precarity, this study articulates the policy pathways and their implementation in facilitating labour market participation of tolerated individuals in different local contexts. It argues that a comprehensive shift towards inclusive labour market integration requires a holistic reappraisal of not only the legal frameworks governing access to work but also the structural and institutional barriers that perpetuate the precarious existence of these individuals.