Are there any ways to change Ausbildungsduldung to a Workpermit ?

Question

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.

Answer 1

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.

Best,

Éanna

Comments

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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You’re welcome! I hope we can help a bit here during this period. When you say your lawyer has dropped your case, are you referring to your application for the permit 25b or on other matters? You do not need a lawyer to apply for the permit 25b. It is of course up to you whether you wish to employ one for this purpose but you can also do the application yourself or get assistance for free from an advisory service who also have experience in this area.

I do not know your whole situation so am only basing this comment of the requirements around working and financial security as requirements for a residence permit.

While you were doing the Ausbildung, you were in my view entitled 25b. Even if you were getting some social benefits, this does not negatively affect cases where the person is doing an Ausbnildung.

Your situation is now different. I have looked more closely at the rules around the Beschäftigungsduldung and, as I understand it, you would not be entitled to one. Aside from the question of having to prove 12 months of 20 hours a week working (the vocational school hours are not included, only the hours you worked at the company), you are no longer working at the company. The Beschäftigungsduldung is issued to someone after they have been working 12 months somewhere and are still doing so. You would first have to find a job, work in it for 12 months, before being entitled to it.

Your Duldung must be now extended for 6 months in order you to **** for another Ausbildung. This is according to paragraph 60c, section 6 of the Aufenthaltsgesetz. As I understand you are more interested in finding work than an Ausbildung, you can use this time to **** for a job. If you find a job, then you should be given permission to work (as you have submitted your passport, just like you had permission to do the Ausbildung) and initially stay on a Duldung. If you can then support at least half of your living costs from this job, then you are entitled to the permit 25b.

A difficulty I potentially see is what happens when you are on a ‘Duldung to **** for an Ausbildung’, find a job and then bring the job offer to the Ausländerbehörde for approval. In theory, they could then cancel the ‘Duldung to **** for an Ausbildung’ and provide no new Duldung.

The Sozialamt has to provide you with benefits until the three-month waiting period at the employment agency is over. If they do not respond to your emails, you can do there during their open hours or ask an advisory service for help contacting them.