Can I apply for Beschäftigungsduldung?

Question

Dear Sir or Madam, 

My father came to visit me in November 2019 with a Schengen visa. However, Covid-19 pandemic started. Due to covid-19 pandemic and travel restrictions in China, my father has tolerated a Duldung to work and stay in Germany until now. He works for a German company and pays rent and taxes with his salary. My mother has the same duldung status living together with my father. 

Is my father eligible to apply “Beschäftigungsduldung, and a subsequent resident permit? 

Thank you!

Best regards,

Willie

Comments

Dear @Whillie18, welcome to the Wefugees Community and thank you for reaching out to us! I'm going to link our experts and dear colleagues @mbeon_fardeen and @mbeon-Gabriele, maybe they can have a **** at your question and get back to you shortly with some advice. Best regards, Julia

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Thank you, Julia!

Answer 1

Dear @Whillie18,

thank you for sharing your question with the Wefugees Community.

Based on section 60d of the Residence Act of Germany, one of the requirements for a Beschäftigungsduldung is that the person should have entered Germany before 01.08.2018, and your father, unfortunately, does not complete this requirement and is, therefore, not eligible for it.

If you have further questions, you may go to my profile and read the description how you can get in touch with me directly.

Best wishes

Fardeen Noori

Comments

Thank you very much, @mbeon-fardeen for your prompt answer!

Answer 2

Hello @Whillie,
how nice that you have turned to the WeFugee community with your question. The construct of the Beschäftigungsduldung does not seem to fit your parents' situation.
The Beschäftigungsduldung was introduced on 01.01.2020 and is linked to several conditions. It is intended to give people who had entered the country before 01.08.2018 and had already been living in the tolerated status for a longer period of time a perspective of acquiring a residence title in the long term through work. During this period of employment toleration, they are then protected from deportation.
However, the following conditions must be met:
- They must have already lived here for twelve months in a tolerated status.
- You must have been working for at least 18 months in a job that is subject to compulsory insurance (at least 35 hours).
- You must have fully secured your own livelihood for 12 months before applying for a tolerated stay. Short interruptions through no fault of your own are not detrimental.
- Your identity must be clear (this does not seem to be a problem in your case).
- You must have A2 German language skills
- If an integration course was obligatory, it must have been successfully completed. This also applies to your spouse
- Furthermore, there must be no criminal convictions or deportation orders.
As you can see, these are quite narrow requirements that do not apply to your parents' situation. I therefore recommend that you visit a local refugee counselling centre. With all the necessary detailed information, the colleagues on site can show your parents possible ways to a stay. I wish you every success in this.
Best regards
Gabriele