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Having duldung since September 2017
Work 6 months
Having 50 percent of the asylum social benefits for 6 months
Having 8 months 0 income from the social benefits for asylum seeker
Will have the work contract when I get the beschaftungsduldung + the German course
 Can I have it
asked Feb 15 in Legal advice by Hass

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1 Answer

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Dear Hass,

thanks for reaching out to the wefugees community and for asking your question! Unfortunately the requirements to get a Beschäftigungsduldung are quite high. For you to get it you need to

  • Have come to Germany before August 1, 2018
  • Have your Identity clarified
  • Have had a Duldung for at least 12 months
  • Have had employment of social security contributions of at least 35 hours per week (single parents: 20 hours per week) for at least 18 months
  • Have independent livelihood
  • Have adequate oral knowledge of the German language
  • Have no conviction for a deliberate offense committed in the federal territory (with the exception of offenses that can only be committed by foreigners under the Residence Act or the Asylum Act)
  • Have no references to extremist or terrorist organizations
  • Have basically sucessfully completed an integration course if there is an obligation to participate
  • Have your school aged children attend school

From what you wrote in your message I can see that you fulfill the requirements concerning the amount of time to have a Duldung, but you haven’t had work for 18 months. About the other requirements I dont have information from you now but based on the information you provided it might not be possible for you to get a Beschäftigungsduldung now. However I am sure that there are other options for you to navigate your next steps. I'm a consultant with mbeon and I‘ll be glad to help you over a longer period of time. Mbeon is an online advice for migrants via the mbeon app, which you can install on your smartphone for free. Download it from App Store or Google Play Store. You can find me in the mbeon app and get confidential individual advice in a secure virtual space without other people reading our conversation. Further information: www.mbeon.de.

Best regards,

MBEon-Lena

answered Feb 17 by Mbeon-Lena
What of someone without duldung but has other requirements?
If I am understanding you correctly you are asking if you can get a Beschäftigungsduldung without having a Duldung?
The purpose of a Beschäftigungsduldung is to give the employer security that his employee won't be deported somewhere along the way and him standing there without his staff. If someone fulfilled the other requirements but didnt have a Duldung they would have a different type of residential status which might or might not make the Beschäftigungsduldung (employment toleration) unnecessary. Also it is exclusively for people who have a Duldung. For other residencial statuses there are different regulations in relation to work. If you would like to receive a more individualized answer I invite you to install the mbeon-App and talk to a migration counselor there.
Thanks for your quick replied. It been 3 years since I appealed my rejection and ever since then, I haven’t heard from the court. I have worked more than 24 months and I am still currently working and I have no duldung and no criminal records. Can the court decide on my behalf without me going to the court room? What other residential status can I possibly have, since I am not qualified to have the Beschäftigungsduldung because I have no duldung . Thanks for your understanding.
Thanks for clarifying. If you are still in the Klageverfahren assuming the Klage was lodged within the right time frame and in a correct manner your residencial status is „Aufenthaltsgestattung“. The Klageverfahren can take a long time (more than a year) but it usually has a mündliche Verhandlung (hearing) in order to decide about your case. It does make sense to inform yourself about different perspectives now while the Klageverfahren is still going on in case you receive a negative outcome from court. For example an Asylfolgeantrag (in case there are new developments in your country of origin that are relevant for you staying in Germany) or an Aufenthaltserlaubnis according to § 25 Abs. 5 (if there are circumstances that make a deportation impossible) might be an option.
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