Can I apply for the "Beschäftigungsduldung" during the pending appeal in court and what exactly are the conditions?

Question

If Beschäftigungsduldung only applies to those who are currently holding Duldung for the last 12 months and they fulfill the other requirements.
What are measures put in place for those who are still awaiting the Court decision?
And if they get rejected by the court and they also fulfill the rest of the requirements concerning the Beschäftigungsduldung laws, will they be allowed to apply for Beschäftigungsduldung!
Lastly, is this Beschäftigungsduldung document a residence permit or it's only for work permission?
Because the direct translation for the word is work toleration.

Thanks

Answer 1

Hello again @MB,

thank you for sharing some very wise questions with the Wefugees community!

Understanding the underlying principles of the new legislation is crucial here. To put it in a nutshell: Having a job doesn't lead to a residence permit.

So what is the way out of the dilemma, that seemingly nobody can comply with the prerequisite of holding a Duldung before they apply for a employment Duldung?

If you start an apprenticeship during your pending asylum procedure, you can apply for a Ausbildungsduldung according to § 60c AufenthG (Residence Act), if the decision of the court is negative. If you finish your vocational training successfully and work in your profession, this will lead to a residence permit and to a consolidation of your stay in the foreseeable future (as a rule, after 5 years).

You can search for the the acknowledged professions here: https://***.bibb.de/de/berufeinfo.php.

Of course, there are some conditions to be met:

1. Your Identity has to be clarified. There are three differing deadlines for this, depending on when the applicant came to Germany.

• arrival before 31.12.2016: when you apply for the "Ausbildungsduldung!

• arrival between 01.01.2017 and  31.12.2019: until 30.06.2020.

• arrival after 31.12.2019: within the first six months after arriving

2. No convictions above 50/90 daily fines

3. No measures had been taken to end your residence. This implies that one should apply for a Ausbildungsduldung as soon as the negative decision of the court is legally binding.

In short: Any vocational training should start in September 2020.

There are some intrinsic prerequisites you also have to know:

1. Linguistic skills: Your German should be at the B1 level at least. Some schools even require B2.

2. Some schools and employers also require specific school leaving certificates and practical skills (shown by internship certificates). Learn more here: https://blog.ausbildung.de/apprenticeship-in-germany/

Concerning your last question: Beschäftigungsduldung is neither-nor. It's a "tolerance" as you already mentioned, and can lead to a temporary residence permit only after 30 months. 

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 download on your smartphone for free. 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 further information please visit ***.mbeon.de.

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

Download for iOS: https://apps.apple.***/de/app/mbeon-messengerberatung/id1408795643

Best regards

mbeon-Christine