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Hallo
I met someone who is doing Ausbildung in Germany.
The problem is he applied for wohngeld help in the city and Auslanderbehorde told him his visa wont be renewed again.
My friend insist he is qualified for wohngeld even though he is only having a training permit.
He told me he is planning to apply Ausbildung duldung once his visa is not renewed.
1.Who can apply for Ausbildung duldung?
2.Do someone need to hold duldung to apply for Ausbildung duldung?
3.Can someone change from training permit to Ausbildung duldung?
4.Can international students apply for German benefits?
asked Apr 2 in Legal advice by Pan 123
retagged Apr 2

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2 Answers

0 votes

Hello Pan123,

welcome back again and thank you for sharing your questions with us.

All your questions are interrelated. What is important is to differentiate people who are still in the asylum process and those whose application procedure was terminated negatively. In the first case you have to apply for a training permit only.

1. You can apply for an Ausbildungsduldung if the asylum procedure ended negatively, not during the procedure.

2. Whether you need a Duldung before or not depends on the circumstances of the individual case. To obtain an Ausbildungsduldung according to § 60c Residence act, there are several prerequisites you have to comply with:

  • 1. Duldung according § 60a Residence act before you apply for an Ausbildungsduldung for at least three months (This doesn't apply to persons with a so called "Duldung light" acc. to § 60 b Residence Act - they cannot receive a training permit at all)

  • You don't have to meet this condition if you came to Germany before 31.12.2016 and start your apprenticeship before 1.10.2020.

  • 2. Clarified dentity, There are diferent deadlines, depending on when the person in question arrived in Germany. If he or she came before 31.12.2016, the identitiy has to be clarified until they start their apprenticeship (1.9.2020 as a rule), if they arrived after 1.1.2017, but before 31.12.2019, the identity must be clarified until 30.06.2020. All newcomers will have to clarify their identiy within the first six months after their entry into Germany.

  • 3. No offences above 50 or 90 penalty units - 50 is for criminal offences /90 for offences concerning Asylum/Residence law.

    4. No imminent measures of termination of residence.

  • This implies that an application for an Ausbildungsduldung should be sent to the immigration authoritiy immediately after the final decision of the court is legally binding, so that the immigration office won't activate the deportation process.  
3. This question requires some clarification. What do you mean by "training permit". The permit given by the employment agency? If you mean this, the answer is yes. Both permits are required, but if you apply for an Ausbildungsduldung in a bottleneck profession, it will be given automatically.
4. Yes, under some circumstances they can receive so called family allowances like child benefit if they work in addition to studying.
The whole matter of Ausbildungsduldung is a very complex one, so if you need more details or want discuss some personal scenarios, just drop me some lines.
I hope my answers were useful for you and I'll be very pleased if you contact me again with further questions. I'm a member of the mbeon-staff and I‘ll be glad to guide over a longer period of time. mbeon is an online advisory service for migrants via the mbeon-app, which you can install on your smartphone for free. Download it via Google Play Store (https://play.google.com/store/apps/details?id=de.zone35.mbeon) or the App Store
(https://apps.apple.com/de/app/mbeon-messengerberatung/id1408795643). 

You'll find me in the mbeon-app under my name „München, Frau Müller“ and get confidential one-to-one advice in a safe virtual room where nobody can read messages. For more information please visit www.mbeon.de.

Best regards

mbeon-Christine

answered Apr 2 by mbeon-Christine
Hallo Christine,

ich denke, wir haben beide gleichzeitig an die Antwort gearbeitet. Ich hoffe, die wiedersprechen einander nicht und eine ergänzt die andere.

Schönen Tag und eine weitere gute Arbeit.

Viele Grüße

Béci Zsigó
0 votes

Hello Pan 123,

thank you for asking your question in the community. Here are the requirements to get the Ausbildungsduldung in Germany:

1. Identity cleared

2. Must be tolerated (have Duldung) for at least three months

3. Doesn't come from a safe country of origin

4.Starts a qualified vocational training (at least two years) or an assistant or helper profession, if there is a commitment for  qualified training in a bottleneck profession

5.The deportation process has not started.

6. There are no criminal offenses beyond certain limits.

This generally excludes students without a German passport who do not have a permanent residence permit or permanent residence in Germany or who meet other special criteria. In particular, students with a visa for study purposes must provide proof of funding to obtain the residence permit. This is needed because the right of residence assumes that students must be able to finance their own living.

Therefore, you are not allowed to receive any state support during a stay according to § 16 AufenthG, i.e. with a residence permit for the purpose of studying.

One can apply for Wohngeld, but under certain circumstances, for example if the student has a child.

But:
If international students can no longer prove their livelihood according to §16 AufenthG or violate the restrictions of the work permit, the immigration office has a reason to revoke the residence permit and ask them to leave.

(https://jugend.dgb.de/studium/dein-geld/studienfinanzierung/++co++b27ad7e6-c13d-11e6-8064-525400d8729f#staatliche-unterstuetzungsleistungen-sozialleistungen)

Please note, that the Ausländerbehörde proves the requirement before it makes a decision.

I hope, that my answer was helpful to you. You can contact me also in the mbeon app. You can download this using one of the following links:


IOS: https://apps.apple.com/de/app/mbeon-messengerberatung/id1408795643

Android: https://play.google.com/store/apps/details?id=de.zone35.mbeon

 The app is confidential.

You can find me in the app under the name: Alzey, Herr Zsigó.

Thank you for your trust.

Yours sincerelly

B.Zsigó

answered Apr 2 by mbe-on_Zsigó
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