My Ausbildung ended prematurely. There is no possibility to continue it anymore. I do not think I will get another one in such a short period of time. But, I would like to start working, either in my line of work or in any other work.

Some Google searches tell me that if I cannot find another Ausbildung in time, a Beschäftigungsduldung should be offered since I was paying taxes for over a year. Can someone verify this information for me? How should I proceed with the authorities now?

Moreover, last February I also applied for a residence permit according to Paragraph 25b. I am still waiting for that decision.
asked May 29 in Legal advice by helios | 208 views

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Hi @helios

I presume you were doing a ‘duale/ betriebliche Ausbildung’, i.e. you were doing a mix of learning at school and working at a company. As you were paying taxes and into the social security system, a duale/ betriebliche Ausbildung is considered a ‘Beschäftigung’. Having done this for the past twelve months, you fulfil one of the conditions of a Beschäftigungsduldung.

Another requirement is that the work was for 20 hours a week. I imagine that you were often switching between some weeks where you worked more hours than that and some weeks where you worked a lot less or not at all (i.e. the weeks where you went to the Berufsschule). I was not able to find any information on how the authorities would assess such a situation. Generally, when a new law is introduced, the authorities provide detailed guidelines on how it is to be implemented. For the changes to the Beschäftigungsduldung, I have looked at the guidelines and found no update to them regarding the 20 hours. Previously under the law, a person required 35 hours and so such a situation was unlikely to arise.

It would make sense for the authorities to **** at your working hours over the past twelve months and see whether on average you were working 20 hours a week. In theory, they could point to specific weeks and say here and there you were not working 20 hours and so cannot get a Beschäftigungsduldung. But that would be an overly strict interpretation of the law in my view.



answered Jun 4 by mbeon-Éanna
Hi Éanna, Thank you for your response. It means a lot to me. I am facing significant financial and mental struggles and have no one to talk or write to. Even my lawyer has dropped my case because he demanded over a thousand euros to continue. I feel completely alone and stressed. I haven't even visited the authorities because I don't know what my options are, as they have my original passport. The employment agency has imposed a three-month waiting period, and the social services office is no longer responding to my emails. I believe that if I were allowed to work, I could manage my career and life independently. All I need is a work permit.

Being the Azubi, I was working approximately 160h/month, including vocational school hours.
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