Duldung; application for issuance and extension

Foreigners who have to leave Germany but whose deportation is impossible, particularly for legal or factual reasons, and for whom the obstacle to departure is not expected to be removed in the foreseeable future, receive a tolerated stay permit. It does not constitute a residence permit and therefore does not constitute legal residence.

The tolerated stay is extended if deportation is still impossible for factual or legal reasons. If the obstacles to deportation no longer apply, the foreigners authority will revoke the tolerated stay or refuse to extend the tolerated stay.

In addition to cases in which deportation is impossible for legal or factual reasons, there are other constellations in which tolerated stay may be considered in individual cases. For example, a foreigner can also be granted tolerated stay if urgent humanitarian or personal reasons or significant public interests require their temporary continued presence in the federal territory.

A tolerated stay permit in accordance with Section 60c of the Residence Act for urgent personal reasons is to be granted if the foreigner is taking up or has taken up qualified vocational training in a state-recognized or comparably regulated training occupation in Germany, there is no absolute ban on gainful employment and concrete measures to end the stay are not imminent (so-called tolerated stay permit for training).

A tolerated stay permit in accordance with Section 60d of the Residence Act can still be issued for urgent personal reasons if the foreigner has already been in possession of a tolerated stay permit for twelve months, has been in permitted employment subject to social insurance contributions for twelve months, has clarified their identity within certain deadlines, can secure their livelihood and has not committed any criminal offenses (so-called tolerated stay permit for employment).

In addition, the Residence Act also provides for the possibility of issuing a general toleration regulation for certain groups of foreigners by order of the highest state authority for a maximum period of three months (so-called deportation stop). The foreigner must be issued with a certificate of suspension of deportation.

The tolerated stay does not affect the existing enforceable obligation to leave the country. However, the tolerated stay does not result in criminal liability for "illegal" residence in accordance with Section 95 (1) No. 2 of the Residence Act. The tolerated stay expires when the foreigner leaves the country and does not entitle them to return to the Federal Republic of Germany.

If the suspension of deportation is based, among other things, on reasons for which the foreigner himself is responsible, because he causes the obstacle to deportation by deceiving himself about his identity or nationality or by making false statements himself, or because he does not take reasonable steps to fulfill the special obligation to obtain a passport, the tolerated stay will be issued with the addition "for persons with an unclear identity".

Conditions

As a rule, holders of a tolerated stay permit may initially only stay in their federal state (Section 61 of the Residence Act). However, this spatial restriction ("residence obligation") does not apply by law if the foreigner has been permitted, tolerated or allowed to stay in Germany for three months. In the case of criminals, suspects of a narcotics offense and tolerated persons for whom concrete measures to terminate their stay are imminent, it can be ordered again.

A tolerated foreigner whose livelihood is not secured is obliged to take up habitual residence in a certain place (so-called residence requirement). This residence requirement arises by law. Unless the foreigners authority has ordered otherwise, this is the place of residence where the foreigner was living at the time of the decision on the temporary suspension of deportation.

Holders of a tolerated stay permit for persons with an unknown identity are also subject to a residence requirement.

Employment

A tolerated foreigner is prohibited by law from taking up gainful employment as long as they do not have express permission to do so under immigration law. If the tolerated stay was issued with the addition "for persons with an unclear identity", they may not be permitted to take up gainful employment. In addition, there are other cases in which there is an absolute employment ban by law or employment is excluded. Otherwise, employment may be permitted under certain conditions (e.g. if the person has been legally resident for three months and has the approval of the Federal Employment Agency) and subject to a discretionary decision by the immigration authority.

Responsibilities

Depending on the country of origin of the foreigner who is obliged to leave the country, responsibility for issuing and extending tolerated stay permits lies with the foreigners authority of the district administrative authorities or the central foreigners authority of the government. Please first contact the foreigners authority responsible for you.

Suspension of deportation can be considered for various factual or legal reasons. In particular, a tolerated stay is granted to anyone who has to leave Germany but cannot (yet) be deported, for example because they do not have a passport, because they are ill or because there is no way to fly to a region.

It will be extended if deportation is still impossible.

• Suspension of deportation according to § 60a Residence Act ( AufenthG) - Application for grant/extension

Issue of a certificate of toleration:

• as adhesive label only: 58 Euro
• with carrier preprint: 62 Euro

Renewal of a certificate of toleration:

• as adhesive label only: 33 Euro
• with carrier preprint: 37 Euro

• § Section 32 Ordinance on the Employment of Foreign Nationals (Employment Ordinance - BeschV)

  Employment of persons with tolerated status

• § Section 47 (1) nos. 5 and 6 Residence Ordinance (AufenthV)

  Fees for other official acts under residence law

• § Section 60 b Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG)
• § Section 60 c Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG)
• § Section 60 d Act on the Residence, Gainful Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG)
• § Section 60a Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG)

  Temporary suspension of deportation (tolerated stay)

• § Section 61 Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act - AufenthG)

  Spatial restriction; exit facilities

• Employment permit; application