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I'm currently doing an Ausbildung as Anlagenmechaniker shk, in my third year. I will be through in 7 months and I still have Aufenthaltsgestattung. I heard that the 3+2 law only applies to people with Duldung. My question is, can I cancel my asylum process and apply for Duldung?
asked Dec 23, 2019 in Asylum proceedings by dvdhenry

Dear @dvdhenry

Thank you for sharing your question with the Wefugees community and sorry for the rather late reply. Due to the public holidays, answers took a bit longer lately. 

But I will link some of our wonderful experts now. I am sure, for example @alla_fka, @mbeon-Christine or @mbeon-Ruth are very happy to give you some more information regarding the so-called “Ausbildungsduldung”. 

As this is a public platform, you should of course not share private data, but some additional information might help us to assess your situation (especially about your asylum case so far). 

Best wishes, 


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1 Answer

+1 vote
Dear @dvdhenry, thank you for contacting the wefugees community. If it makes sense to take back your asylum application is a question that you should discuss with a lawyer. In case there is no chance to receive protection in Germany, you can take the application back and change your paper to the "Ausbildungsduldung" (if you meet all requirements like for example passport). But it is necessary to coordinate this process closely with the Ausländerbehörde. I think most asylum seekers wait for the end of the asylum process (usually decision of court/ "Verwaltungsgericht") and then switch their paper. So you should weigh carefully all options before taking back your application. I hope I could answer your question. Regards Ruth
answered Jan 12 by mbeon-Ruth
Many thanks @mbeon-Ruth for your quick response and your helpful answer! Best wishes, Meike
I'd just like to add that you can only get a residence permit after the 3+2 rule (like in any case other than getting some kind of protection), if you provide your passport. If you only can prove your identity with your birth certificate or other documents but you don't have a passport, you won't have a residence permit, even if you successfully finisched your Ausbildung with Ausbildungsduldung and found a corresponding job. Many Ausländerbehörden can give you Ausbildungsduldung without a passport if your identity is cleared with other documents but they won't give you a residence permit for the aim of working in Germany after that. So think about having a passport to provide it in a proper moment, if you don't have it now.
Great, many thanks @Alla_fka for adding some very useful details! :-)
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