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Ausbildungsduldung beantragen

Mecklenburg-Vorpommern 99010031001000, 99010031001000 Typ 2/3b

Inhalt

Leistungsschlüssel

99010031001000, 99010031001000

Leistungsbezeichnung

Applying for a tolerated stay permit

Leistungsbezeichnung II

nicht vorhanden

Leistungstypisierung

Typ 2/3b

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung

Leistungsgruppierung

Aufenthaltstitel (010)

Verrichtungskennung

Erteilung (001)

SDG Informationsbereiche

  • Aufnahme einer Beschäftigung in einem anderen Mitgliedstaat

Lagen Portalverbund

nicht vorhanden

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

08.11.2023

Fachlich freigegeben durch

Ministry of the Interior, Building and Digitalization Mecklenburg-Western Pomerania

Teaser

If your application for asylum has been rejected and you would like to continue a training program that you started during the asylum procedure or if you are in possession of a tolerated stay permit and would like to start a training program, you can, under certain conditions, receive a tolerated stay permit for the duration of the training program.

Volltext

A tolerated stay for training is a special form of tolerated stay that you can receive if

  • your asylum application has been rejected, you have started vocational training during the asylum procedure and wish to continue it, or
  • you are in possession of a tolerated stay permit (i.e. you are obliged to leave the country) and would like to start training.

The vocational training must meet certain requirements in order to receive a tolerated stay for training (see requirements).

The "Ausbildungsduldung" is issued for a specific training company. A (seamless) change of training company is possible. In these cases, an application to "transfer" the training toleration to the new company is required before the change of company.

With the "Ausbildungsduldung" you are allowed to stay and work in Germany for the entire duration of your training. You cannot be deported during this time.

Erforderliche Unterlagen

  • Recognized identity document (e.g. passport, passport substitute, official ID card with photograph, official documents from the country of origin such as military ID, driver's license, consular card, laissez-passer, service card or civil status certificate with photograph)
  • Current biometric photo in passport format (45 x 35 mm)
  • Rejecting notice of asylum or tolerated stay permit
  • for vocational training in a company:
    • Vocational training contract
    • Proof that the training contract has been entered in the register of vocational training relationships (e.g. confirmation of registration or application for registration from the relevant Chamber of Crafts)
    • For assistant or helper training, a training place confirmation from the training company or educational institution for the subsequent qualified vocational training
  • In the case of school-based training: contract or acceptance letter from the educational institution with a description of the training occupation
  • In the case of minors: consent of the legal guardians to the planned stay (declaration of consent)

The documents and information must always be submitted in German. In individual cases, the Immigration Office may require less or further proof.

Voraussetzungen

  • You started your training during your asylum procedure and would like to continue it after your asylum application has been rejected or you have been in possession of a tolerated stay permit for at least three months and would like to start training.
  • You already have a training place or have the prospect of one that meets the following criteria:
    • It is a qualified, at least two-year, company-based or school-based vocational training course in a state-recognized or comparably regulated training occupation or
    • It is a state-recognized or comparably regulated assistant or helper training course that is followed by qualified vocational training.

Please note:

In the case of assistant or helper training, you also need a training place confirmation for the subsequent qualified vocational training. It must also be a so-called "shortage occupation" (e.g. occupation in geriatric and nursing care).

Training toleration cannot be granted for pre-vocational qualification measures or school-based measures (e.g. language courses) that are intended to introduce you to vocational training. You can find a list of recognized training occupations under "Further information".

  • Your identity has been verified.

Please note: People who came to Germany before December 31, 2016 must clarify their identity when applying for a tolerated stay for training.

Persons who came to Germany between January 1, 2017 and January 1, 2020 and wish to apply for a tolerated stay for training now or later must have clarified their identity by June 30, 2020. The deadline is met if all reasonable measures to clarify the identity have been demonstrably taken by then. Even if the identity is not clarified until later.

Persons who have come to Germany since January 1, 2020 must clarify their identity within the first six months in Germany.

Reasonableness is assessed according to the circumstances of the individual case, whereby you should cooperate in all actions that the authorities require of you.

  • If you have not yet reached the age of 18, your legal guardians must agree to your stay in Germany.
  • You have no links to extremist or terrorist organizations and do not support them. You have not yet been convicted of a criminal offense. There is no interest in deporting you.

Your deportation has not yet been prepared by the Immigration Office (preparation can be assumed if, for example, a medical examination to determine your fitness to travel has already been arranged, state funding for your voluntary departure has been approved with state funds before the tolerated stay permit was issued, a passport document has been applied for, a deportation date has been set or Dublin proceedings are ongoing).

Kosten

Cost amount (fixed):

  • EUR 58.00 for the training permit as an adhesive label
  • EUR 62.00 for the training permit as a carrier form

Remark:

The foreigners authority may charge a fee for issuing a tolerated stay permit. The time and form of charging and payment vary depending on the authority.

In certain cases, fee reductions or exemptions may be considered (for example, if you cannot earn a living without drawing on public benefits).

Verfahrensablauf

  • Find out whether your foreigners authority allows you to apply online or has a special application form.
  • If the application can only be made in person, make an appointment at the immigration office. If you apply online, the immigration office will contact you after receiving your application to arrange an appointment.
  • During the appointment, your identity and documents will be checked (please bring your documents to the appointment, in the original if possible).
  • If your application is approved, you may receive your tolerated stay permit during the appointment. If your application is rejected, you will receive a notice of rejection. In this case, you will not be allowed to start your training.

Bearbeitungsdauer

The processing time may vary depending on how busy the Foreigners' Registration Office is. As the Ausbildungsduldung is issued at the Foreigners' Registration Office, it is generally possible to hand it over during the interview.

Frist

Rejected asylum seekers should apply for a tolerated stay for training as soon as possible after receiving the rejection notice.

Tolerated persons should submit their application to the Foreigners' Registration Office in good time before the start of training, but no earlier than seven months before the start of vocational training.

Note (for further information on the deadline):

The validity of the Ausbildungsduldung depends on the duration of the training specified in the training contract and is usually granted for the entire period of training.

If training has not yet begun, the tolerated stay permit will be issued at the earliest six months before the start of vocational training.

Hinweise

  • No training toleration can be granted during the asylum procedure. During this time, it is sufficient to hold a residence permit, which can also be used to start school or company-based training.
  • The tolerated stay permit is not a prerequisite for starting an apprenticeship. This can already be started if gainful employment is permitted - i.e. an employment permit has been issued. However, a "normal" tolerated stay permit with an employment permit does not provide long-term protection against termination of residence during the period of training, nor does it confer the special rights associated with a tolerated stay permit for training.
  • After successful completion of vocational training, a residence permit for a further two years may be considered ("3+2" regulation). If the trainee is not taken on by the training company, a tolerated stay permit is initially issued for six months to enable the trainee to look for work.
  • If the training relationship is terminated prematurely or broken off, the tolerated stay expires. In order to look for a new training place, a tolerated stay can be granted once for six months. Training companies and educational institutions are obliged to inform the Immigration Office within two weeks of the termination of training.
  • It is not possible to travel abroad with a tolerated stay permit.
  • The training toleration expires in the event of a conviction, deportation or if a deportation order is issued to avert a particular danger, especially a terrorist danger.
  • The procedure is usually conducted in German. If your knowledge of German is insufficient, it is advisable to speak to a person who can act as a translator.
  • All information provided to the immigration authorities should be correct and complete to the best of your knowledge and belief so that your application can be processed without major delays.
  • Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the revocation of previously granted residence rights, a fine, a prison sentence of up to three years or expulsion from the federal territory.
  • Due to the complexity of residence law, this description is for information purposes only and is not legally binding.

Rechtsbehelf

  • Appeal against the decision of the immigration authority within one month of notification
  • Legal action before the court named in the objection notice if the objection is not upheld

Kurztext

  • Granting a tolerated stay for training purposes
  • The Ausbildungsduldung can be granted if
    • the asylum application was rejected, vocational training was started during the asylum procedure and the training is to be completed, or
    • persons who are obliged to leave the country with a tolerated stay wish to start training.
  • The training toleration is granted for
    • qualified vocational training of at least two years in a company or school in a state-recognized or similarly regulated training occupation,
    • state-recognized or comparably regulated assistant or helper training courses that are followed by qualified vocational training.
  • For assistant or helper training, a training place confirmation is required for the subsequent vocational training. It must also be a "shortage occupation" (e.g. geriatric care and nursing).
  • In cases where the vocational training is to be taken up with tolerated status, the training toleration will be issued at the earliest six months before the start of the vocational training. The application can be submitted at the earliest seven months before the start of the vocational training.
  • As a rule, the training toleration is granted for the entire duration of the training (and deportation is suspended for this period).
  • The training toleration permit is issued for a specific training company. A (seamless) change of training company is possible if the "transfer" of the training toleration is applied for before the change of company.
  • If the training ends prematurely, the "Ausbildungsduldung" expires. For a period of six months, a tolerated stay can be granted once in order to look for a new training place.
  • After successful completion of the vocational training, a residence permit for a further two years may be considered ("3+2" regulation). If the training company does not take you on, you will initially be granted a tolerated stay for six months to look for work.
  • It is not possible to travel abroad with the "Ausbildungsduldung".
  • The issuance of the training toleration is generally subject to a fee. An exemption from fees may be possible if you receive public benefits.
  • For persons who have not yet reached the age of 18, the consent of their legal guardians is required.
  • Responsible: the foreigners authority responsible for the applicant's place of residence

Ansprechpunkt

The foreigners authority responsible for the applicant's place of residence is responsible for issuing the residence permit.

Zuständige Stelle

The foreigners authority responsible for the applicant's place of residence is responsible for issuing the residence permit.

Formulare

Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance necessary: Yes