Can I have a tolerated stay permit (“Duldung”)?

In principle, you have to leave Germany when your application for asylum is rejected. Same applies to you if you have entered Germany without a visa or residence permit and have not applied for asylum. Under certain circumstances, however, you may be granted a tolerated stay permit or "Duldung".

You may be issued a "Duldung", if:

Contact a counselling centre or a lawyer to learn more about your options and whether you can be issued a tolerated stay permit. You can search for a lawyer or a counselling centre here or on the ProAsyl website.

What are my rights and obligations during my tolerated stay?

There are many special regulations for people with a tolerated stay permit-  and their rights are limited. When you have a "Duldung", you:

Those with a tolerated stay permit are obliged to cooperate to make their deportation possible. For instance, you may be asked by the authorities to apply for and obtain a passport from your home country’s embassy. If you do not cooperate toward your deportation, the state benefits you receive may be reduced. To avoid being accused of not cooperating, make sure that you document your efforts for obtaining a passport with photos, a confirmation from the embassy, ​​or witness testimonies. Learn more in our chapters “Asylum Application Rejected” and “Deportation”.

Please note: If you are not sure whether you are legally obligated to fulfil the authorities' demands, consult a lawyer or a counselling centre. You can search for a lawyer or counselling centre here or on Pro Asyl’s website.

Can I be deported despite having a "Duldung"?

A "Duldung" is not a residence permit but rather the suspension of your deportation obligation. Having a "Duldung" does not eliminate your obligation to leave Germany, but only postpones it for a specific period. If your tolerated stay ("Duldung") expires or is revoked, you may be deported. A tolerated stay can be revoked when the reasons for its issuance are not valid anymore. If you, e.g. have been issued a "Duldung" because you did not have a passport and now can obtain one from your country, your "Duldung" may be revoked.

After the expiration or revocation of your "Duldung", in principle, you may be deported. Your deportation then may be carried out immediately and without any notice. Only if you have lived with a "Duldung" for more than a year, the authorities are obliged to notify you of your imminent deportation at least one month in advance. In this case, you will be sent a deportation notice.

Where and how can I apply for a "Duldung"?

You can apply for a tolerated stay permit or "Duldung" at the Immigration Office responsible for you. You need to make an appointment and bring along all the documents you need for your application. For instance, if you wish to apply for an educational tolerated stay ("Ausblidungsdudldung"), you need to bring along your vocational training contract and, if necessary, a confirmation from the Chamber of Crafts ("Handwerkskammer") or the Chamber of Commerce and Industry ("Industrie- und Handelskammer").

If your deportation is not possible due to practical or legal reasons, you will automatically be granted a tolerated stay permit, i.e. you do not need to apply for it personally.