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asked Jun 25, 2019 in Asylum proceedings by hafiz123 | 1,299 views

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Dear @Hafiz123,

Thank you for being such an active member of the Wefugee Community!

As far as I remember from your last contributions, you applied for asylum, right?

If so, the BAMF is responsible for granting you the deportation ban as a result of the asylum procedure. I am not aware of any possibilities to apply for the deportation ban §60 Abs. 5 or 7 apart from the asylum application or in the aftermath. But I am also not a lawyer.

Regarding the "Ausbildungsduldung" you might want to check this discussion in an earlier thread on this platform (though it is in German) https://***.wefugees.de/804871/bleiberecht-mit-ausbildungsduldung?show=804871#q804871.

Here you find a very useful brochure on the "Ausbildungsduldung" in English: https://fluechtlingsrat-bw.de/files/Aktiv-Dateien/Dokumente/Materialien%2012%20Duldung%20&%20Bleiberecht/2019-01%20Zielgruppenflyer%20Ausbildungsduldung%20NIFA_englisch.pdf

The brochure for example states that:

  • An Ausbildungsduldung can only be granted if you are obliged to leave the country under an enforceable decision. You are obliged to leave the country if your application for asylum was declined, if you have not appealed against the decision, or your appeal was already rejected, and the rejection has become legally binding.
  • To be granted an Ausbildungsduldung, you are required to have a training position in an apprenticed profession that is recognised by the state or is comparably regulated. According to the regulations given in § 6 para. 1(2) BeschV (Beschäftigungsverordnung [Employment Directive]), the training must be of at least two years duration.
  • You have to provide documents that prove your identity or conclusively demonstrate why you could not organise such documents. Ideally, you would prove your identity with your passport or a replacement document. Otherwise your birth certificate, ID card, driver’s licence or similar documents can be used to verify your identity. If you do not have a passport, you have to make efforts to acquire one, even if you are using other documents to establish your identity
  • Moreover, you can only be granted an Ausbildungsduldung if no specific measures for the termination of your stay have been initiated. 

Please check the brochure for more requirements and details. I hope you will find it useful!

All the best,

Meike

answered Jun 28, 2019 by Meike
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