Since January 1, 2020, there is a new type of "Duldung" or tolerated stay permit: the so-called "Beschäftigungsduldung", which is regulated in §60d Residence Act. "Beschäftigungsduldung" is issued for those with a "Duldung" who already have a job and meet other requirements. Tolerated Stay for Working Professionals or "Beschäftigungsduldung" has two significant advantages over regular "Duldung":
- As long as you have a "Beschäftigungsduldung", you cannot be deported.
- As a holder of a "Beschäftigungsduldung", you can obtain a residence permit more quickly.
Important note: The "Beschäftigungsduldung" scheme was limited until in January 2024–when the regulation was introduced, it was due to expire on December 31, 2023. But the deadline is now lifted, which means you can still apply for a "Beschäftigungsduldung" if you meet the requirements.
To obtain a "Beschäftigungsduldung", you (and sometimes your family) have to meet several requirements:
- You must have come to Germany before 31.12.2022.
- You must have been having a "Duldung" for at least 12 months. Please note: The new so-called "Duldung mit ungeklärter Identität" (§60b Residence Act) does not count here.
- You must have been working in a job which includes social security contributions at least 20 hours per week for at least 12 months.
- You have not been financially supported by the Social Welfare Office or Jobcentre for at least 12 months.
- You must prove a German language skill of level A2.
- You must have come to Germany before 08/01/2018.
- You (and your spouse) must have identification documents (e.g. passport, driver's license, birth certificate, etc.) from your country or prove that, despite all efforts, you cannot obtain any papers. There are important deadlines you need to observe. You can read more in section “When is my deadline for identity verification?”.
- If you (and your spouse) had to take part in an integration course, you must have successfully completed it.
- If you have school-age children, they must go to school.
- You (and your spouse and children) must not have been convicted of a crime. You can find out more in the section "What happens if a family member has committed a crime?".
- You (and your spouse) must have no connection with any terrorist or extremist organisation.
In principle, your identity must have been verified for you to apply for "Beschäftigungsduldung”. If, despite all your efforts, you have not been able to prove your identity, you may still be able to obtain a "Beschäftigungsduldung” but you are not legally entitled to it- which means Immigration Office' decide whether to issue you the permission.
Important: You have to document your efforts to verify your identity. So if you, e.g. go to your embassy to ask for an ID, you can ask them to confirm in writing that you were there. You can also take photos, etc. The more evidence you have, the better. If you are concerned you may get deported, seek advice from a counselling centre or a lawyer in advance. You can find a counselling centre nearby, e.g. on proasyl.de. To search for a lawyer, check rechtberaterkonferenz.de.
If you have a "Beschäftigungsduldung", your spouse and minor children will also be issued a "Duldung" which will be valid as long as your "Beschäftigungsduldung" is.
If you or your spouse have committed a criminal offence, in principle, you will not be issued a "Beschäftigungsduldung" -regardless of the seriousness of the crime. The only exception is a crime which is a violation of the Residence Act or the Asylum Act: for these types of crimes, only if you have been sentenced to more than 90 days of fine (calculated from your daily rate of income) the "Beschäftigungsdudludng" does not apply to you.
The laws are somewhat milder for children. In principle, you will not be able to obtain a "Beschäftigungsduldung" if your child has been sentenced to more than a year in prison or has been convicted of certain - serious - criminal offences such as drug offences, violence, etc.
The "Beschäftigungsduldung" is valid for 30 months. As long as you continue to meet the above requirements, you cannot be deported during this time. You can then apply for a residence permit or extend your "Beschäftigungsduldung".
Yes. After 30 months, you can apply for a residence permit for well-integrated adults (Section 25b Residence Act). You can also try to get a residence permit for humanitarian reasons (Section 25, Paragraph 5 of the Residence Act). If you have young children, a residence permit for well-integrated young people and adolescents (§25a Residence Act) and their relatives would also be an option. You can find out more about these options in our chapter "Residence Permits for Individuals with 'Duldung'".
Yes. You may lose your "Beschäftigungsduldung" if the conditions mentioned above are no longer met, e.g. if you lose your job and don't immediately find a new one.
Yes. But you cannot be unemployed at any point in time, i.e. the transition from one job to the next must take place without interruption. Please also note that you often have to apply for a new work permit as well. You can learn more in our chapter "Work permit".
If you drop out of your dual vocational training after 18 months (at the earliest) and start working instead, you may obtain a "Beschäftigungsduldung". However, that is only possible if the Immigration Office responsible for you regards your previous training as "work". Currently, there is no precise regulation in this regard.
You can apply for a "Beschäftigungsduldung" in writing at the Immigration Office responsible for you - you can find the responsible office at bamf.de. To apply, submit the application and all relevant documents to the Immigration Office.
There is no official application form available- but the Refugee Council of Thuringia has created an application template for "Beschäftigungsduldung" which you can use. You can find the template on the website of Refugee Council Thüringen, section "Beschäftigungsduldung".
It can be beneficial to seek advice from a counselling centre or a lawyer in advance. You can find lawyers and counselling centres in your area on our Local Information page. You can enter the name of the city where you live and search for asylum, right of residence or legal counseling.
Please find the answer in our chapter Tolerated Stay (“Duldung”).
No. Individuals who have a "Duldung" are not allowed to travel abroad, including those with a "Beschäftigungsduldung". When you later manage to obtain a residence permit, of course, you can travel abroad.
Even if you meet all the requirements, the Immigration Office may reject your application, as there is no legal entitlement to "Beschäftigungsduldung". If your application is denied, however, you can seek advice from a counselling centre or a lawyer. A lawyer can have the decision of the Immigration Office reviewed and possibly reversed.
You can find lawyers and counselling centres in your area on our Local Information page. You can enter the name of the city where you live and search for asylum, right of residence or legal counseling.
Even if you cannot obtain a "Beschäftigungsduldung", you still have a few options left. You can find out more in our chapter "Asylum Application Rejected".
If you have any questions regarding your rights and opportunities, you can contact a counselling centre nearby - you can find one, e.g. on the Pro Asyl website or the website of your Refugee Council. You can also find support at the Youth Migration Services (JMD) or the Migration Centres for adults.
You can find lawyers who specialise in refugees' and asylum seekers' issues on our Local Information page. You can enter the name of your city and search for asylum, residence or legal advice services in your area.
"Beschäftigungsduldung" is meant to protect working people with "Duldung" from deportation. However, the requirements are very high and quite challenging to meet.
Tolerated Stay for Vocational Training ("Ausbildungsduldung")
An "Ausbildungsduldung" (according to § 60c Residence Act) is an option for people whose asylum application has been rejected. With an “Ausbildungsduldung”, the person can, despite the rejection of their asylum application, stay in Germany and undergo vocational training. The “Ausbildungsduldung” is a form of tolerated stay or “Duldung” for the purpose of vocational training for individuals who cannot secure a livelihood in Germany– it allows one to stay in Germany for the duration of the training programme.
Good to know: Since 1 March 2024, persons who are required to leave the country (“Ausreisepflichtige Personen”) can also apply for an "Ausbildungsduldung" (according to Section 16g Residence Act) for which they must be able to secure their livelihood. Those who receive a vocational training grant (according to the 3rd Book of the Social Code or SGB III) can also obtain an “Ausbildungsduldun” in accordance with Section 16g Residence Act, regardless of whether they can secure a livelihood. You can find more details in our chapter on "Residence permit for vocational training (§16g Residence Act)".
If you find a job in your learned profession after completing your training, you will be granted a residence permit for 2 years. This is called "3 + 2" regulation ("3+2" Regelung).
So it pays to learn German as soon as possible after you arrive in Germany and start vocational training. Then, you can apply for a Tolerated Stay for the Purpose of Vocational Training ("Ausbildungsduldung") in case your asylum application is rejected. If your application for asylum has already been denied, or you have never applied for asylum, and you currently hold a "Duldung", it may be worth your while to apply for vocational training.
Labour rights
Labour law in Germany is very complicated as there are numerous regulations in several bodies of law regarding the subject. However, it is crucial to know your rights and obligations as an employee. You can only demand your rights if you are aware of them.
Residence Permits for Individuals with "Duldung"
Many live in Germany with "Duldung" for years. But those with "Duldung" who meet specific requirements can also obtain a residence permit. If you do not meet all the conditions, you can seek advice from a counselling centre. You will find counselling centres nearby on our Local Information page. You can enter the name of your city and search for asylum, residence or legal counselling centres.
Please note: The months or years during which you have a "Duldung für Personen mit ungeklärter Identität" or "Duldung Light" (according to §60b of the Residence Act) are not counted as your pre-“Duldung” period. That means they don't count when you are required to be in Germany for a certain number of years to qualify for a certain type of residence permit. You can learn more in our chapter ""Duldung" for people with "Unclear Identities""
NEW: A new law known as “Chancen-Aufenthaltsrecht” has been recently introduced: It is intended to enable people with a “Duldung” to obtain a permanent right to stay. According to the law, the time you stayed in Germany with a "Duldung light" is also counted as your pre-“Duldung” period. You can read more about it in the section “Residence permit according to ‘Chancen-Aufenthaltsrecht’ (§104c Residence Act)” below.
Job Hunting and Application
The job market in Germany has numerous rules and regulations. In addition, you must meet some requirements to get a job. Many employers choose their employees mainly based on their certificates or degrees in the desired field. But even without the relevant certificates, you still have a chance to find a job.
Here you will learn about the steps you need to take to start your first job in Germany and the ways you can increase your chances of finding your dream job.
Here are two essential points you need to consider in advance:
- German is spoken in most companies in Germany. In some cases, English will do; but for most jobs, you need to be able to communicate in German. There are many ways to learn German or to improve your proficiency. Find out more in our chapters on "Language".
- You need a work permit before you can start to work in Germany. For migrants, the work permit is directly linked to the residence permit. You can find out more about this in our chapter "Migration to Germany". If you have fled to Germany, whether you can work or not depends on your current residence status. You can find out more in our chapter "Work Permit for Refugees".
Works Council and Union
Works councils and unions are designed to protect the rights and interests of employees. Works councils are active in individual - larger - companies- and unions represent the interests of workers in specific industries. Here you can find out what the works council and union do and how you can become a member.
German for Work
If you would like to continue learning German after the integration course (or any other German course), you may be able to participate in and benefit from an occupational language course. These courses are known as "Deutsch für den Beruf" or "berufsbezogene Deutschsprachförderung". A work-related German course can provide you with the opportunity to gain a foothold in the German job market and improve your qualifications.
Discrimination
Discrimination is prohibited in Germany –nevertheless, many are affected by it. Whether when looking for accommodation, dealing with authorities, at work, schools, doctors' surgeries, during leisure time or with the police. Discrimination can occur in all areas of life. Am I not allowed into the club because I have a disability? Did I not get the job because I wear a headscarf? Are my children treated worse at school because they speak little German? Does the police pick me to check on the long-distance bus because I have a different skin colour? Does the cab driver refuse to take me because I am trans*? Experiences like these lead to feelings of anger, powerlessness and helplessness. Such discrimination also harms social coexistence.
However, you do not need to simply accept discrimination: you have the legal right to defend yourself against it – everyone in Germany does; regardless of their origin or residence status. This right is enshrined in the German Basic Law as one of the human rights. It is also regulated in the General Equal Treatment Act ("Allgemeinen Gleichbehandlungsgesetz" or AGG). You can take legal action against discrimination - and in certain cases, it is worthwhile to do so.
Call Pro Asyl's Hotline at 069-242 314 20 and benefit from their legal advice
Here you will find a counselling centre nearby which can advise you on employee rights and working conditions.