The legislation, which is to be adopted by the Cabinet on Wednesday, is to improve the legal status of asylum-seekers and foreigners with tolerated residence status.

The changes are part of an agreement that has been reached between federal and state governments. On 19 September 2014, the second chamber of the German parliament, the Bundesrat, passed the Law on the Classification of Additional States as Safe Countries of Origin and on Facilitating Access to the Labour Market for Asylum-Seekers and Tolerated Foreign Citizens. In this context, the German government promised to ease certain provisions of laws governing asylum and residence.

Residency obligation eased

Asylum-seekers and tolerated foreign citizens are to be allowed to move more freely within the Federal Republic of Germany. To this end the residency obligation has been eased. It is to be lifted entirely after three months residence in the Federal Republic of Germany. At the same time it is to be ensured that the social burden is still equally spread across all federal states. It is to ensure this, that asylum-seekers and tolerated foreign citizens are assigned a place of residence where they receive social benefits, if they have no means of securing their own livelihood.

Principle of benefits in kind reworked for asylum-seekers

Amendments have also been made to the Asylum Seeker Benefit Law, and the primacy of giving benefits in kind has been revoked in some cases.

The benefits in kind as they stand will only be retained during the stay in an initial reception facility. After this period benefits are to be awarded primarily in monetary form rather than in kind to strengthen the self-determination of the recipients of benefits. Benefits in kind can, however, be awarded, in order to prevent bottlenecks in supplies, for instance, in the face of the rapidly rising number of asylum-seekers at present.

Priority check loosened

In certain cases the so-called "priority check" is to be abolished, making it easier for asylum-seekers and tolerated foreign citizens to enter the labour market.

The "priority check" means that the Federal Employment Agency has hitherto only been able to issue work permits under certain circumstances. Firstly, the employer is required to prove that for the vacancy in question no suitable German, EU citizen or foreigner with the same legal status is available. Secondly, the fact of employing the foreigner must not entail any negative impact on the labour market.

This priority check will no longer be required in future

• If the candidate is a university graduate in a profession suffering shortages of trained individuals, and would thus meet the criteria for the EU blue card, or

• If the candidate has completed recognised training in an occupation suffering manpower shortages and listed by the Federal Employment Agency on its positive list, or if he or she is taking part in a measure leading to the recognition of vocational and occupational qualifications, or

• If the candidate has been resident in Germany for an uninterrupted period of 15 months with authorisation, with tolerated residence status or permission to remain.