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Greetings of the day,

I am a 22-year-old from India and have recently completed my Bachelor’s Degree in Germanistik in my home country. I have a B2-level proficiency in German, though I don’t hold an official proficiency certificate.

I was fortunate enough to receive the DAAD scholarship twice (Uni zu Köln and Universität Heidelberg), which allowed me to visit Germany for language courses previously.

I have also worked as a student assistant at my home university library which was funded by DAAD.

Due to financial difficulties, I had to discontinue my Master’s Degree in India and recently started an Ausbildung course as a baker. I began this program this year and I am on probation period till the end of this year.

The work is demanding and physically exhausting, but the most challenging aspect has been my co-workers. Many of them are either rude or dismissive, which makes it difficult for me to communicate and fit in. As a result, I am considering leaving this Ausbildung and finding another one that is more aligned with my skills and experience.

I would like to know what my chances are of finding a new Ausbildung and how the process works. I have also heard about an "Ausbildung Duldung." Is it possible to work during the Duldung period while searching for a new Ausbildung?

I’m looking forward to your response.

With regards
asked Oct 23 in Work by Looney | 282 views

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1 Answer

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Hi @Looney

You have a residence permit/visa in accordance with paragraph 16a of the immigration law (Aufenthaltsgesetz). Section 4 of this paragraph is about what happens if a person does not complete the Ausbildung as planned. Here in English via online translation:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__16a.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

If a person can show they were not responsible for having not completed the Ausbildung, the authorities will give them 6 months to find a new Ausbildung. A clear example of this would be if during the Ausbildung the company went bankrupt and closed down. In your case, you should provide a detailed account of the work conditions and how it would be unreasonable to expect you to continue under those conditions. The authorities have discretion then on whether to accept this account.

If they do not accept your explanation, they will cancel your residence permit and give you a deadline to leave the country. You are then ‘ausreisepflichtig’. If a person is obliged to leave the country but finds an Ausbildung, then there are two options available to them:

  1. Ausbildungsduldung. This is a temporary paper which allows you to stay for the duration of the Ausbildung. If you complete the Ausbildung, then you can get a permit as a skilled worker. You cannot work while waiting for approval for an Ausbildungsduldung.
  2. Residence permit 16g: this is a new permit which would allow you to work up to 20 hours a week in addition to doing the Ausbildung. The main additional requirements to get a 16g instead of Ausbildungsduldung is that you have a passport and you are financially self-sufficient. You can, however, get financial Ausbildung support called BAB (Berufsausbildungsbeihilfe) to help with this.

If you feel you may have been treated unfairly in your current Ausbildung or any future workplace, then you can contact the advisory service ‘Gute Arbeit’. They help foreigners in Germany with questions around workers’ rights:

https://arbeitundleben.de/arbeitsfelder/beratungsnetzwerk

Best,

Éanna

answered Oct 30 by mbeon-Éanna
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