How can I apply for the so-called „Beschäftigungsduldung“ and what are the requirements?

Question

Hi wefugees,

I just wanted to ask about new law that will be implemented from 1.1.2020.  As it mentioned in this law that it will be benefiting only those who have duldung and working for 12 months. But some are also saying that it be also for those with "Aufenthaltsgestattung".

My Situation is I am asylum seeker, living in germany with family. I am working in a Seniorenheim as pflegekraft for more then 2 years on full time, bearing all our expenses, paying taxes, also have flat, paying rent, B1 certificate, not involvement in crime. But I don't have duldung as my appeal is still in process. (Rejected asylum). So my question is "am I still eligible for the "Beschaftigung Duldung"?

If I can get some useful links or answers, will be highly appreciated. Thanks

Answer 1

Nothing like that,

https://***.bmi.bund.de/SharedDocs/kurzmeldungen/DE/2019/07/duldungsgesetz-verkuendet.html

As you are working as a geriatric nurse, you should have an ausbildungduldung. Then there is hope.

Answer 2

Dear @Refusegee, 

thank you for sharing your question with the Wefugee Community! I will first share some general information about the "Beschäftigungsduldung" with you and then respond to your specific situation and if the new Duldung might apply to your case:

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The new "Beschäftigungsduldung" will help those who are already in Germany for some time with a "Duldung" and have been working for a relatively long time. I will list the prerequisites as they are stated in the law (§ 60d AufenthG) for you:

1. The person must have entered Germany before the 1st of August 2019,
2. his/her identity is clarified (note: here the law lays down deadlines until when the identity has to be clarified depending on the date of the entry into Germany),
3. he/she holds a "Duldung" for at least 12 months,
4. he/she has a job for at least 18 months (that pays taxes and social security contributions) with a regular working time of 35 hours/week; for single parents a working time of 20 hours/week is enough,
5. he/she earned enough money to make a living within the last 12 months before applying for the "Beschäftigungsduldung" (that basically means: no social benefits - but: some payments such as child benefits are no problem), 
6. he/she earns enough money to make a living now (again, that basically means: no social benefits now),
7. basic verbal German language skills (i think A2 is enough),
8. neither the person who applies nor her/his spouse has been prosecuted for a criminal offence (left out criminal offences that can only be committed by immigrants such as illegal entry or residence in Germany),
9. neither the person who applies not her/his spouse have connections to extremist or terrorist organizations, 
10. there exists no expulsion order against the person applying or her/his husband,
11. if there is a family, it must be proven that underage children are going to school and were never prosecuted for a drug related crime,
12. the person applying and the spouse did take part in a integration course if they were obligated to do so.

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As you can see, there are a lot of prerequisites for this kind of Duldung, so for a lot of people it´s nearly impossible to get it. The big advantage of the "Beschäftigungsduldung" is that it is issued for 30 month and not only for the person applying but also for the family members such as spouse and children. 

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Back to your case: As you can see, the "Beschäftigungsduldung" only applies for people who have been in Germany for a long time already with a Duldung. As you still have an "Aufenthaltsgestattung" this doesn´t apply for you - at least not right now. 

You will probably have to wait until your asylum procedure before court is finished. If you are scared of a negative outcome you should maybe check out with your lawyer or if you don´t have one with a counselling center if there are other options for you to stay in Germany. As you are already able to secure your living expenses, have a steady job, speak German on a high level I think you have good chances. 

I will link you a website where you can find free an trustworthy counselling centres close to you:

https://adressen.asyl.net/language/en/welcome-to-informationnetwork-asylum-and-migration/

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I hope this answer was helpful for you. Please don´t hesitate getting back to the Wefugee Community if you have more questions!

All the best

Melina

Note: Please keep in mind that we can´t provide qualified legal advice via the internet and that any information given can´t replace such legal advice.

Comments

Dear @infoverbund, Thanks for your prompt n detailed reply. I really appreciate that. As I am from safe country origin. So the outcome of my appeal in the court will probably be negative. I talked to my lawyer she said the only way to stay in germany with Aufenthaltsgestattung is Ausbildung or someone with family living in germany minimum 6 years. Then ones can apply for the Aufenthalerlaubnis. As far as ausbildung is concern I will start that next year. Otherwise I am able to secure permanent job with unlimited contract. So what's your opinion on that? Regardless of negetive decision from BAMF if someone have permanent job with unlimited contract n bearing all his expenses without social benefits, with B1 certificate, no criminal record. Will I be able to secure my living in germany? (In case I doesn't start ausbildung).