Dear Wefugees Team,
I would like to know when a person can apply Ausbildungsduldung? and when Beschäftigungsduldung? I would like to know whether the asylum Process will stop if a person apply Ausbildungsduldung or Beschäftigungsduldung?
BR
Karin
asked Dec 28, 2021 in Legal advice by Karin Alex

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1 Answer

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Dear Karin Alex,

Welcome to the Wefugees Community and thank you for reaching out to us.

When people apply for asylum and as long as the outcome is pending, they are holding a so-called "Aufenthaltsgestattung". After a certain period, they are also allowed to work or enroll in vocational training ("Ausbildung"). During the asylum procedure, people can not be asked to leave the country and are not at risk to to get deported. Whether it could make sense to actually withdraw the asylum claim in order to apply for an "Ausbildungduldung", for instance, should be discussed carefully on an individual basis with a lawyer or an experienced counselling office. As a colleague explained very well in this thread, a Duldung may be issued after the Federal Office for Migration and Refugees rejected the asylum application and the negative decision got binding. Please find the requirements for the so-called "Beschäftigungsduldung" here and more information on the "Ausbildungduldung" here (we discussed the conditions several times on this platform before - so I would definitely recommend to use the search function as well). 

I hope this helps and please don't hesitate to get back to us if you have any further questions.

All the best for 2022,

Meike

answered Dec 30, 2021 by Meike
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