I have submitted my asylum application together with my family in 2019.

Since last year I have been working in a decent job with good salary in a reputed organization.

Just last week, my lawyer informed me that my case will most likely be negative and I will have to find an ausbildung  immediately, if i am not to be deported.

 My office told me that they will help me find an ausbildung in the organisation but in that case, my current job has to be terminated.  

When I applied for asylum, I gave the BAMF my passport, but my newborn son  doesn't have a passport from my home country. So it will probably take some time before I get deported.

Now I would like to ask

1. can i apply for an ausbildung duldung  after my court hearing is rejected? or I should immediately join an ausbildung and send it to BAMF to make sure i don't get deported in case my case is negative.

2. Instead of a joining ausbildung immediately  if  only submit a ausbildiung contract to BAMF from the employer , will the BAMF be satisfied with that.

3. am I worrying too much? Since my new born son  does not have a passport, they cannot deport me so easily. So should I wait until all decisions are made. And start from there.

Or would that be a foolish thing to do. Should  I just start  an ausbildung before the decision is made. This will mean I will have to  depart from my current job and start the ausbildung immediately.

What is a good advice for me ?

my central question is, can i get ausbildung duldung if i get the offer after my asul case is rejected during my duldung period
asked Jul 14 in Legal advice by jawad

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1 Answer

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Dear @jawad,

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

To answer your central question: Yes. In general, people are able to apply for a "Ausbildungsduldung" after the rejection of the asylum application and while holding a Duldung. However, as far as I know, these applicants are required to hold a Duldung for at least three months before being able to obtain the "Ausbildungsduldung". I tried to answer a similar question here before. 

Regarding your question number 2: The BAMF will not ask for a vocational training (Ausbildung) contract. This authority is responsible to assess your asylum application and not to issue a residence permit or Aubildungsduldung in your case. For this, you will need to deal with the immigration office (Ausländerbehörde). 

I saw that you opened a few other threads with very complicated questions. I am afraid that it is hardly possible to provide such detailed legal advice on this public platform. If the communication with your lawyer is not sufficient, I would highly recommend you to get some individual support in a refugee counselling office, for instance. Please let us know if you need help in finding such an organisation - you may also use this search engine though.

All the best,

Meike

answered Jul 17 by Meike
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