What is a Tolerated Stay for the Purpose of Vocational Training ("Ausbildungsduldung")?

The "Ausbildungsduldung" is regulated in §60a paragraph 2, sentence 4 Residence Act. It is a special kind of tolerated stay (“Duldung“) that you can obtain if you complete at least two years of vocational training.

You do not need to have a vocational tolerated stay to start vocational training. Rather, the opposite is the case: If you are going through vocational training or begin one now, under certain conditions, you may be entitled to a vocational tolerated stay permit. You cannot be deported after you are issued such a stay permit.

Can I obtain a Tolerated Stay for the Purpose of Vocational Training?

To obtain an „Ausbildungsduldung“, you must meet the following requirements:

If the following points apply to you, you will not be issued a Tolerated Stay for the Purpose of Vocational Training:

 

If you meet all the requirements and the two above mentioned reasons for exclusion do not apply to you, you are entitled to receive a Tolerated Stay for the Purpose of Vocational Training for the entire duration of your training. If, nevertheless, the Immigration Office rejects your application, contact a counselling centre or a lawyer. Read the section "Where can I seek advice and support?" to learn about the counselling/support opportunities available.

Please note: If you come from a safe country of origin and the Federal Office for Migration and Refugees (BAMF) has not yet decided on your asylum application, and you are able to find a spot in a training programme, it may make sense to withdraw your asylum application. Because if your application for asylum is rejected -which is very likely for people from safe countries of origin- you are not permitted to work and therefore cannot apply for a Tolerated Stay for the Purpose of Vocational Training. Make sure you seek advice from a counselling centre or a lawyer in advance.

What is a qualified vocational training ("qualifizierte Berufsausbildung")?

Qualified vocational training refers to vocational training in a state-recognised or similarly regulated skilled occupation ("Ausbildungsberuf") which lasts at least two years. You will find a list of all the skilled occupations which require vocational training ("qualifizierte Ausbildungsberufe") at bibb.de.

Preparatory measures or other introductory classes ("Vorbereitungskurse") do not count as vocational training. Even enrolling in vocational training programmes which last one year will not entitle you to a Tolerated Stay for the Purpose of Vocational Training. In these cases, however, you can try to apply for a so-called "Ermessensduldung" following §60a (2), third sentence, Residence Act, and then start a qualified vocational training. Only with a qualified vocational training can you use the "3 + 2" regulation.

Where can I find a training place?

Read our chapters "Dual Vocational Training" and "School-based Vocational Training" to find the answer. You can find out more about the initiatives which can assist you in your search in our chapter "Vocational Training: Orientation for Refugees".

How long does the issuance of a Tolerated Stay for the Purpose of Vocational Training take?

You cannot obtain a Tolerated Stay for the Purpose of Vocational Training unless you have already started the training or are going to do so in a few weeks or months. The permitted length of the intervening time between the application for Tolerated Stay for the Purpose of Vocational Training and the start of a training programme varies from state to state. If your training programme takes longer (than permitted) to start, you can try to obtain a so-called "Ermessungsduldung" from the Immigration Office for the interval period.

Where and how can I apply for a Tolerated Stay for the Purpose of Vocational Training?

You can apply for an „Ausbildungsduldung“ from the Immigration Office responsible for you. To do so, you do not require any official form. You can, however, use this template application form to request a Tolerated Stay for the Purpose of Vocational Training. In addition to the application, you must submit the following documents:

What happens if I drop out of vocational training?

If you drop out, the company or school in which the training programme is taking place must notify the Immigration Office within a week. You then will be issued a non-renewable tolerated stay permit ("Dudlung") valid for six months. If you find a new vocational training programme during this time, you can apply for a Tolerated Stay for the Purpose of Vocational Training again. Otherwise, you will lose your tolerated stay permit and may be deported.

What happens if I fail the final exam?

If you fail the final exam, you can retake it. In that case, your training will be extended until the next exam. When you inform the Immigration Office about the extension of your training, your „Ausbildungsduldung“ will be extended accordingly.

What happens after I finish my training?

After you have finished your training successfully, you can apply for a residence permit for two years, if:

If you do not find a job immediately after completing your training, you will receive a non-renewable tolerated stay permit or "Duldung" valid for six months. In this period, you can search for a suitable job. Once you have found a job, you can apply for a residence permit by presenting the employment contract, your rental agreement and your German certificate to the Immigration Office.

If you continue to work, you will be able to extend your residence permit after two years.

My application for a Tolerated Stay for the Purpose of Vocational Training was rejected - what can I do?

If your application is rejected, the Immigration Office will send you written notice. You can appeal this decision at the Administrative Court. If you file a lawsuit, you must also submit a so-called "urgent request for suspensive effect" ("Eilantrag auf aufschiebende Wirkung"). Only if this request is accepted, you may stay in Germany during the legal action. Make sure to seek advice from a counselling centre or lawyer immediately upon receipt of the rejection notice. Please read the section "Where can I seek advice and support?"

What rights do I have with an „Ausbildungsduldung“?

Please read our chapter "Tolerated stay (Duldung)".

Can my family here also obtain a tolerated stay permit?

If you have a Tolerated Stay for the Purpose of Vocational Training, your immediate family (i.e. your spouse and your minor children or, in case you are a minor, your parents and your under-age siblings) can apply for a so-called "Ermessensduldung". In most federal states, however, such an application is rejected. Make sure you seek advice from a counselling centre or a lawyer in this regard. Please read the section "Where can I seek advice and support?"

Where can I seek advice and support?

If you are not sure about your rights and possibilities, contact a counselling centre in your area. You can find one online, for instance, on the website of Pro Asyl or the Refugee Council. You can also contact a branch office of Youth Migration Office or the Migration Counselling Center for adults.

At www.rechtsberaterkonferenz.de, you can find lawyers who specialize in advising refugees and asylum seekers.

Can I also obtain a tolerated stay permit ("Duldung") through a job?

No. You can only obtain such a tolerated stay if you do qualified vocational training. Currently, a new law is being discussed, according to which people with a job can also obtain a tolerated stay ("Duldung") but only under specific (difficult-to-fulfil) conditions. The law mentioned is expected to come into force in January 2020.

I do not meet the requirements for a tolerated stay permit ("Duldung") - what can I do?

If your application for asylum has been denied and you cannot obtain a Tolerated Stay for the Purpose of Vocational Training, you still have some options. You can read more about this topic in our chapter "Rejected Asylum".