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:
- there is an obstacle to deportation, i.e. your deportation is not feasible due to legal or practical reasons. This is the case, for instance, when you do not have a passport, you are unable to travel due to your health conditions, or when there are no flight connections to your home country. In such situations, you must be permitted a tolerated stay, i.e. the Immigration Office is obliged to issue you a "Duldung".
- you should stay in Germany for important humanitarian or personal reasons. This is the case, for instance, when you are about to graduate from school, need to complete medical treatments, care for a sick family member in Germany, or take part in pre-vocational courses or study in a university. In such situations, the Immigration Office can grant you a "Duldung", although they are not obliged to do so.
- the public interest requires your further presence in Germany. This is the case, for instance, when you are a witness in a lawsuit.
- you have started a vocational training programme ("Ausbildung") or a dual course of study ("Duales Studium") which takes at least two years to accomplish. In such cases, you will be issued a so-called "Ausbildungsduldung" or an "Educational Tolerated Stay Permit". Unlike other forms of tolerated stay permit, the educational tolerated stay permit is valid for two years; however, you may only be issued one if your deportation is not already planned and you do not have any significant criminal convictions in Germany. If these conditions are met, in principle, you will be entitled to an educational tolerated stay. That means if you find a place in a vocational training programme, the immigration office is obliged to issue you an educational tolerated stay permit. Please note: If you drop out of the vocational training programme, your educational tolerated stay permit will be taken away. In case of a drop-out, you will be issued a "Duldung" valid for six months, during which you have to find a new vocational training position.
- the Ministry of the Interior in your federal state or the German Federal Ministry of the Interior has issued a deportation ban for people from your country. However, such a decision is made rarely and only in cases of acute disaster. It may happen if, for instance, there is a famine in your home country.
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.