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I am a National from Honduras and have been in Germany since 8/2018. my application for subsidiary protection along with the appeal was rejected. After this rejection I have received a „border pass“ and given 30 days to leave the country however I am authorized to work during this time because I have a two year contract from a large german firm. I am fully independent and receive no social benefits. My question is can I apply for Duldung status or possibly a temporary residence permit?
asked Dec 20, 2019 in Asylum proceedings by AlexCabCerv

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Hallo,

it is very difficult to have a residence permit for work as a rejected asylum seeker because such an option is generally not permitted by german alien law, only in some special hardship cases. Mostly the Ausländerbehörde tells you to go abroad and ask for a working visum in a German embassy, and sometimes it is really a better option and people who already have a job manage to come back quickly. You can ask the Ausländerbehörde to give you their written agreement to your entering Germany with a working visum before you leave Germany. With this document the procedure in the embassy is much shorter, because they must not ask the Ausländerbehörde for agreement anymore, they must only check if you fulfil all conditions (having all necessary documents for a visum). It is often not easy to get such an agreement but some Ausländerbehörden give them.

Without leaving Germany, the only safe way with a Duldung in the moment is a so called "Beschäftigungsduldung". To apply for it you must have a "normal" (which means risky) Duldung for at least 12 months and work for 18 months min. 35 hours a week fully earning your living - and naturally having identity documents and not having any criminal penalties over a very small limit.

As you are in Germany for less than 18 months inclusive your asylum procedure time, you can' have this good Duldung now. You can only try to continue working with a normal, risky Duldung and hope not to be deported and not to lose your working permission before you fulfil the conditions to apply for Beschäftigungsduldung. It is a risky way.

Please ask for advice in a good councelling center or find a good lawyer for alien law. The advice online can't be sufficient as each case is individual.
answered Dec 21, 2019 by Alla_fka
selected Dec 21, 2019 by AlexCabCerv
Thank you for this information. I will speak to the auslanderbehörden in Rostock about this along with filing an application for the „risky“ Duldung. As my employer is a large german firm with many employees from other countries I was told to see if they could also assist with the Visum process. Once again thank you for your response.
If you work for a big company, which has weight in this region, they really can be helpful so that it could be possible to find a good agreement with the Ausländerbehörde. Discuss it with them.
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