Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for a tolerated stay for training

Description

A training toleration is a special form of toleration that you can obtain if

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

In order to obtain a training toleration, the vocational training must meet certain requirements (see Requirements).

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

With the training toleration, you are allowed to stay and work in Germany for the entire duration of your training. During this time, you cannot be deported.

Prerequisites

You started your training during your asylum procedure and would like to continue it after the rejection of your asylum application or you have been in possession of a toleration for at least three months and would like to start an apprenticeship.
You already have the prospect of an apprenticeship or one that meets the following criteria:
- It is a qualified, at least two-year, in-company or school-based vocational training in a state-recognized or comparably regulated training occupation or
- It is a state-recognized or comparably regulated assistant or helper training, which is followed by qualified vocational training.

Please note:

In the case of assistant or helper training, you also need an apprenticeship confirmation for the subsequent qualified vocational training. In addition, it must be a so-called "shortage occupation" (for example, profession in geriatric and nursing care).

For pre-vocational qualification measures or school-based measures (e.g. language courses) that are intended to introduce you to vocational training, the training toleration cannot be granted. A list of recognised training occupations can be found under "Further information".

Her identity has been clarified.

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

Persons who came to Germany between 1 January 2017 and 1 January 2020 and would like to apply for a training toleration now or later had to have their identity clarified by 30 June 2020. The deadline shall be deemed to have been met if all reasonable measures to clarify the identity have been demonstrably taken by then. Even if the identity is clarified later.

Persons who came to Germany on or after 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 agree to your stay in Germany.
They have no links to extremist or terrorist organisations and do not support them. They have not yet been convicted of a crime. There is no interest in expulsion against you.

Your deportation has not yet been prepared by the Foreigners' Registration Office (preparation can be assumed if, for example, a medical examination to determine your ability to travel has already been arranged, state funding for your voluntary departure with state funds has been approved before the training toleration is granted, a passport document has been applied for for you, a deportation date has been set or a Dublin procedure is underway).

Required documents

Recognized identity document (e.g. passport, passport substitute, official ID with photo, official documents from the country of origin such as military passport, driver's license, consular card, laissezpasser, service card or civil status certificate with photo)
Up-to-date biometric photo in the passport (45 x 35 mm)
Negative asylum decision or toleration
In the case of in-company vocational training:
- Vocational training contract
- Proof of the entry of the training contract in the register of vocational training relationships (e.g. confirmation from the competent Chamber of Crafts about the registration or the application for registration)
- For assistant or helper training, a training place commitment 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 the designation of the training occupation
In the case of minors: Consent of the custodians to the planned stay (declaration of consent)

The documents and information must always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or more evidence.

Fees (costs)

Cost amount (fixed):

58.00 for the training toleration as an adhesive label
62.00 for the training toleration as a carrier form

Remark:

The Foreigners' Registration Office may charge a fee for the issuance of a training toleration. The timing and form of fee collection and payment vary depending on the authority.

In certain cases, fee reductions or exemptions may be considered (for example, if the livelihood cannot be secured without using public services).

Section 47 (1) Nos. 5 and 6 of the Residence Ordinance (AufenthV)
Remark: URL for fee formation:
Section 50 (1) Residence Ordinance (AufenthV)
Section 53 (1) No. 2 Residence Ordinance (AufenthV)

Deadlines

Rejected asylum seekers should submit the application for the granting of the training toleration as soon as possible after receipt of the rejection notice.

The application should be received by the Foreigners' Registration Office in good time before the start of the training, but at the earliest seven months before the start of the vocational training.

Note (for more information on the deadline):

The validity of the training toleration 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 has not yet begun, the training toleration will be granted at the earliest six months before the start of the vocational training.

Processing time

The processing time may vary depending on the workload of the Foreigners' Registration Office. Since the training toleration is established at the Foreigners' Registration Office, it is in principle possible to hand it over during the interview.

Legal remedy

Objection to the decision of the Foreigners' Registration Office within one month of notification
Bringing an action before the court named in the notice of opposition if the objection is not upheld

Responsible body

Foreigners' Registration Office

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

Find out whether your Foreigners' Registration Office allows you to apply online or has a special application form.
If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receipt of your application to make an appointment.
During the appointment, your identity and documents will be checked (please bring your documents, if possible in the original, with you to the appointment).
If your application is granted, the training toleration may be handed over to you at the appointment. If your application is rejected, you will receive a rejection notice. In this case, the training may not be started.

Further information

During the asylum procedure, no training toleration can be granted. During this time, it is sufficient to have a residence permit, which can also be used to start school or company training.
The training toleration is not a prerequisite for the start of an apprenticeship. This can already be taken up if the gainful employment has been permitted - i.e. an employment permit has been issued. However, a "normal" toleration provided with an employment permit does not provide long-term protection against termination of residence during the period of training, nor does it have the special rights associated with the training toleration.
After successful completion of vocational training, a residence permit for a further two years may be considered ("3+2" rule). If the training company does not take them on, a temporary suspension of deportation for work is initially granted for six months.
If the apprenticeship is terminated prematurely or terminated, the training toleration expires. For the search for a new training place, a one-time toleration for six months can be granted. Training companies and educational institutions are obliged to inform the Foreigners' Registration Office within two weeks of the discontinuation of the training.
With the training toleration, no travel abroad is possible.
The training toleration expires in the event of a conviction, expulsion and the issuance of a deportation order to avert a special, in particular a terrorist threat.
The procedure is usually carried out in German. If you have insufficient knowledge of German, it is advisable to speak with a person who can act as a translator.
All information provided to the Foreigners' Registration Office should be correct and complete to the best of our knowledge and belief so that the request can be processed without major delays.
Incorrect or incomplete information can slow down the procedure and be detrimental to the persons concerned. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.
Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.