How is immigration without qualification possible?
Duldung for employment (2020-2023) - an overview
With the entry into force of the law on tolerance for training and employment on 01.01.2020, employment subject to social insurance can also be a reason for tolerance. Like the training toleration, the employment toleration is a discretionary toleration for urgent personal reasons and does not constitute a separate legal basis in Section 60d of the Residence Act.
With the employment tolerance, it is to be achieved that longer tolerated, who secure their livelihood through their employment and are well integrated, on the one hand have the prospect of staying after the thirty-month employment tolerance through the subsequent transition to a residence permit; on the other hand, employers, tolerated persons and their families should enjoy legal clarity and legal certainty.
The regulations on tolerance for employment expire on December 31, 2023.
The Berlin Immigration Office presents on this page the experience it has gained on the case law of the administrative courts, the implementation in the various federal states and the interaction with foreign employees and their companies.
In particular, we ask companies and employees to fully observe the following information.
Who can receive a Duldung for employment?
An occupation tolerance is possible for foreign nationals who are obliged to leave the country all meet the following requirements (and are not excluded as detailed below):Beneficiaries:
- Entry until August 1st, 2018
- Work in an employment subject to social security contributions
- Foreign nationals of all ages and from every country, in exceptional cases also from the so-called safe countries of origin (see below)
- Possession of a Duldung with the ancillary provisions “Employment permitted”, “Employment with the permission of the immigration authorities” or “Employment not permitted with the exception of work as ...”.
- No criminal convictions
- Sufficient knowledge of German (A2)
- Possession of a valid passport or a so-called passport substitute
- It must be an employment subject to social security contributions.
- The employment with one or more employers must have existed for at least 18 months.
- The regular working hours had to be at least 35 hours per week. For single parents, lower regular working hours of at least 20 hours per week apply.
- An income had to be obtained from the employment that secured the livelihood.
When is an employment toleration excluded?
Unfortunately, it is not possible for you to tolerate employment if one of the following points has already been met:
- Your currently valid document from the State Office contains the ancillary clause "Employment not permitted".
- You have a valid residence permit, residence permit or settlement permit. (You are therefore not "enforceably obliged to leave the country" and can neither receive an employment permit nor any other permit. Employment may, however, be permitted depending on ancillary provisions.)
- You come from a so-called safe country of origin (Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, the former Yugoslav Republic of Montenegro, Senegal and Serbia) and entered the country without permission after August 31, 2015. The exclusion also applies to a permitted entry after August 31, 2015 if an asylum procedure ended with a withdrawal or rejection. Exceptions apply above all to unaccompanied minors.
(Note for nationals of Albania, Bosnia and Herzegovina, Kosovo, Macedonia, the Former Yugoslav Republic of Montenegro and Serbia: Please inform yourself about the Western Balkans regulation instead)
- who pose a risk or who have been convicted of an intentional crime (convictions are known to the State Office.),
- who did not clarify their identity or clarified it too late,
- whose spouse or partner did not clarify their identity or clarified it too late,
- whose school-age children do not go to school or
- who have not fulfilled their obligation to participate in an integration course.
Where do you have to send the application?
Do you meet the above requirements and would like to apply for an employment permit?
Then please send the written application to the department responsible for you A 2 (family names A-C), A 3 (D-L) or A 4 (M-Z) and the following address
State Office for Immigration
You can also put the application in the night mailbox in front of the office building. Please enclose copies of your currently valid state office document and the employment contract with the application.
The request was made. And how does it continue?
- whether your employment includes regular working hours of 35 hours per week for the required duration,
- whether there are any criminal convictions and
- whether your identity was clarified in good time.
Please understand that this means that it is not always possible to make an immediate decision on whether to tolerate employment. The State Office tries to decide on applications as quickly as possible. Please wait with a personal interview until you have been invited by post or your toleration is no longer valid.
- If the employment tolerance is granted, it contains the clearly visible ancillary provisions "Employment not permitted with the exception of work as ... at ... to ...", "Employment only with permission" and "Self-employment not permitted".
- The company receives a letter with information. You and the company are obliged to inform the State Office of the loss of your job. Failure to do so can result in a fine of up to 30,000 euros.
- If the application is rejected, the employment may continue to be carried out for the time being.
A fee of up to EUR 62.00 per family member will be charged for processing the application.
Has the work permit been granted? Then the following must be observed ...
- You and your spouse or registered civil partner who are required to leave the country, as well as your child, will all receive a 30-month employment permit.
- Assignments in domestic parts of the company are possible. Assignments in foreign parts of the company are generally not possible with a tolerance.
- If the employment has to be continued in a domestic part of the company, this must be requested from the state office.
- The state office must revoke the employment tolerance if you permanently lose your job or because of a criminal conviction, as well as if a deportation order is issued to ward off a particular, in particular a terrorist, danger.
- If you interrupt your employment because you have become unemployed or you are changing business, the interruption must not last longer than 3 months.
- You can get one if you have had an employment permit for more than 30 months residence permit apply as a qualified tolerated person or because of sustainable integration. Your spouse or registered partner and your child can also receive a residence permit.
- Long-term employment is possible without a priority check.
- You can find more information on this in the procedural notes - VAB.
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