Good day, I had a confusion that, " Someone is not legally allowed to start an Ausbildung without the permission or work permit from the ABH". However, the above text has cleared my confusion.

Anyway, I'm legally getting paid from my employer for last 9 months for starting an Ausbildung, it's been a year, I have submitted Ausbildungsvertrag, IHK acceptance/registration confirmation letter to the ABH. From then they are requesting for my passport. Just 2 1/2 month ago I gave them the new original passport. The day of the passport submission the Duldung was extended from 1 to 3 months. Now after like two weeks I've an appointment with the ABH. I'm scared to death.

Because, I've heard that, from my country six people submitted their passport to the same ABH. On the day of appointment at the ABH three were taken to the deportation center and other two were issued work permit.

Moreover, one year ago my lawyer has applied for an Ausbildungduldung. Nevertheless, The ABH was always interested about my passport only, they have not said or responded anything about the Ausbildungsduldung. I'm in a huge dilemma here. I've no criminal record or any trouble with the police. I'm not even from any safe country list.

If they even reject the Ausbildungsduldung, should they not give me a written reason for refusal ? I've the rights to take them to the court, right ? The Ausbildungsduldung is a right if I fulfill the criteria, right ? They can't just deport me without giving me a chance of appeal ?

What precautions can I take here ? Should I send my lawyer on the day of appointment as a power of attorney? My brain isn't working for few days and it getting worse, the more the day of appointment days comes closer.
asked May 11 in Work by helios

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1 Answer

+1 vote
Hello,
How nice that you turned to wefugees with your question. The uncertainty in the transition to the training toleration is hard to bear. The foreigners authority already has the passport, which means that they could theoretically also prepare the deportation. There are enough cases of such frightening examples.

But you say that you have already been in training for 9 months. You have assisted in the clarification of your identity and have no criminal record. Your lawyer has filed an application for a training permit. That sounds good.

If you came to Germany between 01.01.2017 and 01.01.2020, the deadline was to have clarified your identity by 30.06.2020. If you were able to meet this deadline as well, you can apply for a temporary residence permit. If you were able to meet this deadline, there is no reason to refuse the training toleration. If you were only able to clarify your identity after 30 June 2021, it is important that the foreigners authority "knows" that you fulfilled your obligation to cooperate all along and that it was not your fault that the passport was only handed in later. Unfortunately, the foreigners authorities have different ways of dealing with this "obligation to cooperate". At best, your lawyer and you have kept the foreigners authority informed about your efforts to clarify your identity. If you entered the country before 2017, there is no fixed date for clarifying your identity.

But first of all, the foreigners authority must decide on the application and inform the lawyer of this decision in writing. If this is exactly what worries you, I recommend that you talk to your lawyer. He knows the foreigners authority responsible for you and may be able to calm your anxiety somewhat. I wish you continued success!

Best regards
Gabriel
answered May 17 by mbeon-Gabriele
Thank you for your Answer Gabriele! :)

Best regards
Saskia from Wefugees
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