Beschäftigungsduldung (employment-tolerated stay)

The basic requirement is that the tolerated person is employed . This must have existed for at least 12 months and be exercised for at least 20 hours per week. Short-term interruptions (up to 3 months) for which the applicant is not responsible are not taken into account. They must have been able to support themselves independently for at least 12 months. This must also apply for the future.

Another important requirement is that the identity of the tolerated person must be clarified. This must have been done by the time the application is submitted. However, if you entered the federal territory between 1.1.2017 and 31.12.2022, the deadline of 31.12.2024 applies, by which time the identity must have been clarified.

Further requirements are:

• The person must have been in toleration status for at least 12 months.

• Oral German language skills at least at level A2.

• If obliged to attend an integration course, this must have been successfully completed.

• Measures terminating residence must not have been initiated.

• No criminal offenses committed.

• No links to terrorist or extremist organizations.

The "Beschäftigungsduldung" can only be granted if the person entered Germany by December 31, 2022. It may not be granted if you enter the country at a later date.

Employment toleration cannot be granted to individual family members. If the tolerated person is married or in a civil partnership, the tolerated employment permit may only be granted if some of the requirements are also met by the spouse or civil partner . Specifically, the spouse/partner must meet the following requirements: clarified identity; no criminal offenses committed; no connection to terrorism/extremism; integration course successfully completed, if required.

If the tolerated person has school-age children, proof must be provided that they are actually attending school. Furthermore, they must not have committed any criminal offenses. This also includes violations of the Narcotics Act.

Persons whose identity has not been clarified are not entitled to tolerated employment. If it is not possible to clarify the identity, even though all necessary and reasonable measures have been taken to clarify the identity, it is at the discretion of the immigration authority whether it nevertheless approves the tolerated employment permit.

Employment toleration is also not an option for tolerated persons who are subject to an employment ban , as gainful employment is a mandatory requirement.

The tolerated employment permit is issued for 30 months. It can be revoked, e.g. at the end of employment or in the event of a criminal offense. However, the removal of the obstacle to leaving the country does not justify the revocation of the Beschäftigungsduldung.

It is possible to change jobs during the employment toleration period, but you may never be unemployed.

If the relevant requirements are met, it is possible to change directly to a residence permit with sustainable integration or to the residence permit for skilled workers with vocational training is possible.