Tolerated Stay (“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:

• 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 ("Ermessensduldung").
• the public interest requires your further presence in Germany. This is the case, for instance, when you are a witness in a lawsuit.
• you start a qualified school-based vocational training programme or a dual degree course. In such cases, you will be granted a so-called educational tolerated stay or "Ausbildungsduldung" if you meet certain preconditions. In contrast to other forms of tolerated stay, the educational tolerated stay is valid for the entire duration of your training/education, i.e. usually two to three years. For more on "Duldung", see the section "educational tolerated stay or Ausbildungsduldung (3 + 2 regulation)” below.
• you have been holding a "Duldung" for at least 12 months, you have an ID issued by your country, you have been working for at least 35 hours a week for at least 18 months, you are not receiving aids from the Social Welfare Office, you have an A2 (or higher) language certificate, and you have come to Germany before 01.08.2018. If you meet all of these requirements, you will be issued a so-called "Beschäftigungsduldung" valid for 30 months.
• 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, namely on the ProAsyl website.

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

• may only work if the Immigration Office issues you a work permit. But you can take part in vocational training programmes and study.
• are not entitled to participation in an integration course. However, you can search for a free spot in an integration course and submit the corresponding application to the BAMF.
• receive asylum seeker benefits rather than benefits from the Jobcentre.
• are not, in principle, entitled to any parental benefits ("Elterngeld") or child support ("Kindergeld").
• are not allowed to move to another city or federal state as long as you receive state benefits.
• are not permitted, in principle, to travel abroad. Traveling out of Germany may lead to the revocation or termination of your "Duldung".

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, namely on Pro Asyl’s website.

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.

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 aso-called "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.

You may be able to obtain a residence permit for humanitarian reasons (according to § 25 par. 5 Asylum Act), when it is not possible for you to return to your country for an extended period, for instance, due to your incapacity to travel or as a result of your country's refusal to issue you a passport.

However, you must meet the following requirements:

• You must have lived in Germany with a "Duldung" for at least 18 months. If you have been here for less than 18 months, the Immigration Office can still consider issuing you a residence permit- the duration of your stay in Germany and the extent to which you have managed to integrate yourself into the German job market play a determining role in their decision.
• You cannot return to your home country because you are incapable of travelling or unable to acquire a passport from your home country's embassy.
• You must be able to speak German at level A2. You can prove your proficiency, for instance, by presenting a language certificate or a school diploma, vocational training certificate or university degree you have obtained in Germany.
• Your livelihood must be predominantly secured by your own income, which means, in principle, you cannot receive asylum seeker benefits. However, the Immigration Office can refrain from this condition if they assume that you can personally secure your livelihood in the future.
• If you have children, they must attend school.
• You must be committed to Germany's free democratic constitution and have basic knowledge regarding the laws and regulations which are usually discussed in the Orientation Course. The orientation course is, in fact, a part of the Integration Course.
• You must not have prevented your deportation by withholding information or lack of cooperation.
• You must not have been convicted of any crimes.
• You must have a passport, passport substitute or a foreigner's travel document ("Reiseausweis für Ausländer") or prove that you have tried to acquire a passport or passport substitute but you did not manage to obtain one.

To learn more about §25 paragraph 5 Residence Act (residence permit for humanitarian reasons) read the information sheet provided by the Saxony-Anhalt's Refugee Council.

When it comes to extending your residence permit, the Immigration Office checks whether it is possible for you to leave Germany or be deported. If your departure or deportation is feasible, your residence permit may not be renewed and you may be asked to leave Germany. If this is the case, contact a counselling centre or a lawyer immediately. You can search for a lawyer or counselling centre, namely on Pro Asyl’s website.

You can obtain a residence permit for sustainable integration (§25b Residence Act) if you have been in Germany for a long time and are well integrated here.

To do so, you must meet the following requirements:

• You must have been in Germany for at least eight years without interruption and have had a form of legal residence permit, such as a temporary residence document ("Aufethaltsgestattung"), a tolerated residence permit ("Duldung"), etc. during the period. If you have underage children, six years of residence in Germany will suffice.
• You have to be able to speak German at A2 level. You can prove your proficiency by introducing a certificate or a document which shows you have successfully finished school, vocational training or university in Germany.
• If you have children, they must attend school regularly.
• Your livelihood must be secured primarily by your income, i.e. in principle, you are not allowed to receive asylum seekers benefits from the state. However, the Immigration Office can refrain from this requirement if it is assumed that your livelihood will be secured through your gainful occupation in the future.
• You must acknowledge the liberal democratic constitutional structure and have a basic knowledge of it. The newcomers usually learn about this topic in the orientation course, which is a part of the integration course.
• You must not have prevented your deportation by deception or lack of cooperation.
• You must not have been convicted of any crimes
• You must have a passport, passport substitute or a foreigner's travel document ("Reiseausweis für Ausländer") or prove that you have tried to acquire a passport or passport substitute but you have not been issued one.
• To learn more about §25b Residence Act (residence permit for sustainable integration) read the information sheet provided by the Saxony-Anhalt's Refugee Council.

Adolescents up to the age of 21 can apply for and obtain a residence permit for well-integrated youth and adolescents (§25a Residence Act) if they have been in Germany long enough and are well-integrated into the German society. The requirements for applying for this type of residence permit are briefly explained in this info-video published by the Refugee Council in Saxony-Anhalt.

In principle, the following requirements must be fulfilled:

• The young individual must be in Germany for at least four years without interruptions.
• The young individual must attend school regularly and be able to successfully finish each educational year to attend the next grade the year after. Alternatively, he or she must already have a school-leaving certificate or vocational training diploma.
• There should not exist any evidence which indicate the young individual does not acknowledge the liberal democratic constitution. For instance, the person must not be active in any extremist or terrorist organisation.
• The Immigration Office should believe that the young individual will continue to integrate further into the German society, e.g. he or she will start a vocational training programme or study in a university or start to work after graduating from the school.
• The young individual must apply for the residence permit before he or she reaches the age of 21.
• You must not have been convicted of any crimes
• You must have a passport, passport substitute or a foreigner's travel document ("Reiseausweis für Ausländer") or prove that you have tried to acquire a passport or passport substitute but you did not manage to obtain one.
• You must have applied for a residence permit (according to §25a of the Residence Act) before you reach 21 years old.

To learn more about §25a Residence Act (residence permit for well-integrated youngsters and adolescents) read the information sheet provided by the Saxony-Anhalt's Refugee Council.

According to 25a Residence Act, the parents or spouse of a young person who receives this type of residence permit may also apply for a residence permit if the young individual has not prevented his/her deportation by deception or lack of cooperation, has not committed any offences and is not dependent on state benefits for a living.

You can apply for a residence permit for qualified individuals for the purpose of employment (§18a Residence Act) if one of the following scenarios apply to you and you can fulfil the additional requirements listed below:

• You have had an educational tolerated stay ("Ausbildungsduldung"), completed your training and then found a job.
• You have a job offer which requires vocational training or university education.
• You have completed your vocational training or university education in Germany.
• You have a foreign university degree which is recognised here and have been practising qualified work in Germany for at least two years.
• You have been working as a skilled worker ("Fachkraft") in Germany for at least three years and have been earning a living mainly through your income for at least one year.

In addition, you must fulfil the following conditions in all five cases mentioned above:

• The Federal Employment Agency must approve your application. In such cases, however, there will not carry out a priority check ("Vorrangprüfung").
• You must have enough living space.
• You must be able to speak German at B1 level.
• You must not have any ties to terrorist or extremist organisations.
• You must not have committed any major crimes.
• Your livelihood must be secured mainly through your income.
• You must not have prevented your deportation by deception or lack of cooperation.

Since July 2016, you can obtain a tolerated stay permit if you start (or are going through) vocational training in Germany. You can learn more about "Ausbldungsduldung" in our chapter "Tolerated Stay for the Purpose of Vocational Training".

You must apply for a residence permit at the Immigration Office responsible for you. You can ask them about the appropriate forms you need to fill and inquire if you should make the application in writing or you need an appointment. In principle, you should be able to submit the application in writing. Send the completed form and copies of your documents (language certificates, employment contract, vocational training contract, etc.) to your immigration office. In case you need an appointment: make an appointment and bring along all your documents and the completed form.