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asked Nov 16, 2019 in Legal advice by wani

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Hallo,

no, unfortunately the Ausbildungsduldung is issued only for the person who applies for it, under the condition that the person fulfils the requirements. The other family members can only have Ermessensduldung (Duldung in discretionary power of Ausländerbehörde, which can be given on urgent personal or humanitarian reasons - in this case a relation to a family member who will stay for long in Germany with Ausbildungsduldung). The problem is that in many cases the Ausländerbehörden don't want to issue this Ermessensduldung to family members but insist on leaving Germany ("Ausreiseaufforderung"). They argue, for example, that the decision to make an Ausbildung is a personal free choice and the trainee can choose to leave Germany with the family if it is more important for him/her (I saw such letters myself a couple of times).

If you don't have a reliable promise from your Ausländerbehörde to give Duldungen for the whole family, I would recommend the family members to make an official written application for Ermessensduldungen und in case of rejection to make Widerspruch an, if necessary, an urgent application (Eilantrag) in the Administrative Court.

You can be in need to take a good lawyer whe specialises in migration problems. Anyway make contact to a good consulting place.
answered Nov 17, 2019 by Alla_fka
Good morning Wefugees,
I really appreciate your kind assistance.
My case is almost the same but my wife and son Asylum case has been postponeded  till 2021, but I got a Duldung since September of this year 2019.
My Chef  signed me an Ausbildungvertrag for Maler and Lackieren.  For 3 Jahren.
I have submitted it to the foreign office and now the Präsidium in Darmstadt is demanding for my passport before I can the ausbildungduldung.
The problem is that I dont have it...
And if i apply to my embassy in Berlin it will take me at least 6months to get it.
Please what are my chances here ?
Hallo Akanadorwisdom,

first of all it is important that you apply for the passport in Berlin and have a confirmation from the embassy. It would be helpful also to have a confirmation how long it takes to issue a passport for you. If you had already provided other reliable identity documents for German authorities before, the Ausländerbehörde normally ought to give you an Ausbildungsduldung because you made everything in your power for providing documents and your identity is cleared. Moreover, very important: you don't prevent your deportation through not bringing a passport because you have another reason against deportation (unfinisched procedure of your family members). If they refuse to give you Ausbildungsduldung, ask for a written decision with reasons (Begründung), then you can make a Widerspruch (Protest). If the start of the Ausbildung is dangered, you can also make an urgent application to the administrative court.
It is better to have a lawyer if the Ausländerbehörde continues to make problems. Anyway you must look for a good councelling center in your place, the online consulting can't check every detail of your individual situation.
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