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Hello  everyone,

My asylum has been rejected (both BAMF & Court) and now the solicitor is going to apply for Ausbildung Duldung by the Ausländerbehorde.

Before my asylum was rejected I was already studying and attending the school. I have been enrol for 3 years Ausbildung by the Berufshule. Now, I am confused regarding the Ausbildung Duldung that if I get the Duldung, will i be deported while studying? Also, if the Ausländerbehorde asked my passport must I give it to them? And what if I give them some sort of identity document will they use this to deport me?

I need some serious help regarding the above mention issues. I would greatly appreciate if someone could guide me through this difficult time.
asked Oct 10 in Legal advice by Roger123

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1 Answer

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Dear @Roger123

the law does not allow you to have a duldung while the Ausbildung takes place but after succefully comletion of the Ausbildung you might be granted a Aufenthaltserlaubnis in order to get a job. 

§ 60a Abs. 2 S. 4 ff. AufenthG: 

During such this type of training programme, you will receive a tolerated residence permit or so-called "Duldung" for the duration of your training. If you stay in the company or institute after completing your training there or manage to find another job immediately, you will be issued a residence permit, valid for 2 years. If not, you will have 6 months time to search and find a new job in Germany.

Important: In principle, you are entitled to vocational training toleration or "Ausbildungsduldung".

Legally you are not allowed to be deported while being in your Ausbildung. 

In order to obtain the "Ausbildungsduldung" you either need a Passport from your home country or a substitute (Passersatz).

Whether they might use your Identity Documents to deport is something that cannot be answered by me but should be discussed with your lawyer, as he/she knows the case best and the people in charge of your case at the Ausländerhörde. 

I hope we could assist you, if you have further question please do not hesitate to contact us in the community. 

Best regards, 

Nilab

answered Oct 11 by Nilab
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