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.
• 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.

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 here or 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 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.

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.

In such cases, the Immigration Office decides whether you should be issued a residence permit or not. The duration of your stay in Germany and your degree of integration into the job market play a decisive role in their decision. If you have been issued a "Duldung" for 18 months, you will usually receive a residence permit even if you do not have a job.

Please note: Individuals who have prevented their deportation by deception or lack of cooperation with the authorities cannot obtain such a residence permit.

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 a counselling centre, for instance, here or on ProAsyl'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.

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.

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.

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.

You can apply for a residence permit in the Immigration Office responsible for you. Just make an appointment and bring along all the documents you need for the application, i.e. your employment contract, your school-, university- or vocational training certificates, your rental agreement, etc.