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Procedure descriptions

Apply for a tolerated stay permit

If you are a person obliged to leave the country and are undergoing qualified training in a recognised profession, you are entitled to a tolerated stay for the duration of your training under certain conditions. A tolerated stay for training is a special form of tolerated stay that you can receive if

Your asylum application has been rejected, you have started vocational training during the asylum procedure and wish to continue it, or
You are in possession of a tolerated stay permit (i.e. you are obliged to leave the country) and would like to start training.

You cannot be deported during the period of validity of the "Ausbildungsduldung". If you successfully complete the training programme, you will subsequently receive a residence permit for qualified tolerated persons for the purpose of employment under certain conditions.

The Ausbildungsduldung is issued for a specific training company. A (seamless) change of training company is possible. In these cases, an application to "transfer" the training authorisation to the new company is required before the change of company.

The training toleration can be applied for seven months before the start of training. If the requirements are met, the Regierungspräsidium Karlsruhe will issue the Ausbildungsduldung at the earliest six months before the start of training.

Responsible authority

You should submit your application for a tolerated stay permit to the foreigners authority in whose district you usually reside. The foreigners authority is, if you

live in an urban district or a large district town: the municipal administration
if you live in a town or municipality belonging to a district: the district office

This authority will forward your application to the Karlsruhe Regional Council, which is responsible for issuing the Ausbildungsduldung.

Landratsamt Göppingen

Details

Prerequisite

You started your apprenticeship during your asylum procedure and would like to continue it after your asylum application has been rejected or you have been in possession of a tolerated stay for at least three months and would like to start an apprenticeship.
You already have a training place or have the prospect of one that fulfils the following criteria:
- It is a qualified, company-based or school-based vocational training course lasting at least two years in a state-recognised or comparably regulated training occupation or
- It is a state-recognised or comparably regulated assistant or helper training course, which is followed by qualified vocational training.

Please note:

For assistant or helper training programmes, you also need a training place confirmation for the subsequent qualified vocational training. It must also be a so-called "shortage occupation" (e.g. occupation in geriatric and nursing care).

Training toleration cannot be granted for pre-vocational qualification measures or school-based measures (e.g. language courses) that are intended to introduce you to vocational training. You can find a list of recognised training occupations under "Further information".

Your identity has been verified.

Please note: People who came to Germany before 31 December 2016 must clarify their identity when applying for a tolerated stay for training.

Persons who came to Germany between 1 January 2017 and before 1 January 2020 and wish to apply for a tolerated stay for training now or later must have clarified their identity by 30 June 2020 at the latest. The deadline is met if all reasonable measures to clarify the identity have been demonstrably taken by then. Even if the identity is not clarified until later.

Persons who have come to Germany since 1 January 2020 must clarify their identity within the first six months in Germany.

Reasonableness is assessed according to the circumstances of the individual case, whereby you should cooperate in all actions that the authorities require of you.

If you have not yet reached the age of 18, your legal guardians must consent to your stay in Germany.
You have no links to extremist or terrorist organisations and do not support them. You have not yet been convicted of a criminal offence. There are no grounds for deportation against you.

If you are only starting your training with tolerated status, no specific measures to terminate your stay must have been initiated against you, such as booking transport or a medical examination to determine your ability to travel. The granting of a tolerated stay for training is also excluded if you have submitted an application for voluntary departure or during an ongoing Dublin procedure.

Procedure

Find out whether your foreigners authority allows you to apply online or has a special application form.
If the application can only be made in person, make an appointment at the Foreigners' Registration Office. Please bring your documents with you to the appointment, preferably in the original. If you apply online, the foreigners authority will contact you after receiving your application to arrange an appointment.
The Karlsruhe Regional Council will then check whether you can be granted a tolerated stay for training purposes.
If your application is approved, you will be issued with the Ausbildungsduldung at a further appointment via the Foreigners' Registration Office. If your application is rejected, you will receive a notice of rejection. In this case, you may only start your training if you have a work permit.

Deadlines

Rejected asylum seekers should apply for a tolerated stay for training as soon as possible after receiving the rejection notice.

Tolerated persons should submit their application to the Foreigners' Registration Office in good time before the start of the training programme, but no earlier than seven months before the start of the vocational training programme.

Note (for further information on the deadline):

The validity of the Ausbildungsduldung depends on the duration of the training specified in the training contract and is usually granted for the entire period of the training.

If the training programme has not yet begun, the tolerated stay permit will be issued at the earliest six months before the start of the vocational training programme.

Required documents

Recognised identity document (e.g. passport, passport substitute, official ID card with photograph, official documents from the country of origin such as military ID, driving licence, consular card, laissez-passer, service card or civil status certificate with photograph)
Current biometric photo in passport format (45 x 35 mm)
Rejection notice for asylum or tolerated stay permit
For vocational training programmes:
- Vocational training contract
- Proof that the training contract has been entered in the register of vocational training relationships (e.g. confirmation of registration or application for registration from the relevant Chamber of Crafts)
- For assistant or helper training, a training place confirmation from the training company or educational institution for subsequent qualified vocational training
In the case of school-based training: contract or acceptance letter from the educational institution with a description of the training occupation
In the case of minors: consent of the legal guardian to the planned stay (declaration of consent)

The documents and information must always be submitted in German. In individual cases, the foreigners authority may require fewer or additional documents.

Costs

eUR 62.00 for the exhibition with carrier form

Processing time

The processing time may vary depending on the capacity utilisation of the foreigners authority.

Miscellaneous

During the asylum procedure, you cannot apply for a tolerated stay permit for training. During this time, it is sufficient to have a residence permit, which can also be used to start school or company-based training.
The Ausbildungsduldung is not a prerequisite for starting an apprenticeship. You can already start training if you have been authorised to take up gainful employment, i.e. if you have been granted an employment permit. If you have a "normal" tolerated stay permit in accordance with Section 60a of the Residence Act (AufenthG) with permission to work, this does not grant you long-term protection against termination of residence during the period of training or the special rights associated with a tolerated stay permit for training.
If you successfully complete your vocational training, you may be eligible for a residence permit for a further two years ("3+2" regulation). If you are not taken on by the training company, you will initially be granted a tolerated stay for six months to look for work.
If you break off your training contract or terminate it prematurely, your tolerated stay expires. You can receive a one-off tolerated stay for six months to look for a new training place. Training companies and educational institutions are obliged to inform the Immigration Office within two weeks of the termination of your training.
You are not allowed to travel abroad with the tolerated stay permit.
The "Ausbildungsduldung" expires if you are convicted, deported or a deportation order is issued against you to prevent a particular danger, especially a terrorist threat.
The procedure is usually conducted in German. If you have insufficient knowledge of German, you are advised to speak to a person who can act as a translator.
To the best of your knowledge and belief, you must provide the immigration authorities with correct and complete information so that your application can be processed without major delays.
If you provide incorrect or incomplete information, this can slow down the procedure and be to your disadvantage. In an emergency, incorrect or incomplete information that you have provided and not completed or corrected in good time to the immigration authority may result in the withdrawal of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
Due to the complexity of residence law, this description is for information purposes only and is not legally binding.

Legal basis

Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet (Aufenthaltsgesetz -AufenthG):

§ 19d Aufenthaltserlaubnis für qualifizierte Geduldete zum Zweck der Beschäftigung,
§ 60a Vorübergehende Aussetzung der Abschiebung (Duldung)
§ 60c Ausbildungsduldung