Tolerated persons are always at risk of deportation. However, there are ways to legalize their stay in Germany. If certain requirements are met, tolerated persons can also receive a residence permit.
The foreigners authority is responsible for issuing the permit. The permit must be applied for.
A residence permit paves the way for permanent residence and to naturalization.
If you have a tolerated stay permit and are unable to leave the country in the foreseeable future, you may be eligible for a residence permit on humanitarian grounds. The reason why it is not possible to leave the country must not be your own fault . This may be the case, for example, due to illness, because the home country cannot be reached by public transport or because the home country refuses to issue a passport.
Further requirements are:
German language skills at level A2.
You must be able to support yourself mainly, i.e. more than 50%, through your own income. A forecast that this will be the case in the near future may also be sufficient.
Commitment to the free democratic basic order.
No criminal offenses committed.
Deportation not prevented by deception or lack of cooperation.
If the person has been granted tolerated stay for less than 18 months, the foreigners authority has discretionary powers when granting it. Otherwise, there is a right to the residence permit.
The residence permit is initially issued for a maximum of 6 months. An extension is possible. The foreigners authority will check whether the conditions for issuing the permit - in particular the impossibility of leaving the country - are still met.
Anyone who has lived in Germany for at least 6 years and has always been in possession of residence documents may be entitled to a residence permit on the grounds of long-term integration. Residence documents may include a residence permit, a temporary residence permit and the right of residence on the grounds of opportunity. This also includes toleration, but not in the case of an unclear identity.
For persons with underage children, the residence period is shortened to 4 years.
The residence permit is also to be issued to persons who have been in possession of an employment toleration for a full 30 months.
Further requirements that must be met are
German language skills at level A2.
The person's livelihood must be secured predominantly, i.e. more than 50%, by their own income . A forecast that this will be the case in the near future may also be sufficient.
Commitment to the free democratic basic order.
No criminal offenses committed.
Deportation not prevented by deception or lack of cooperation.
The residence permit can be issued for up to 2 years. It is renewable. The foreigners authority will check whether the conditions for granting the permit are still fulfilled.
A young person between the ages of 14 and 27 who has resided in Germany for at least 3 years and has always been in possession of residence documents may be entitled to a residence permit for well-integrated young people and young adults. Residence documents can be a residence permit, a temporary residence permit or a tolerated stay permit. At the time of application, the young person must have been in a tolerated status for at least 12 months or have the right to reside.
Further requirements are
Successful completion of school or at least 3 years of successful school attendance.
Commitment to the free democratic basic order.
Positive integration prognosis: The foreigners authority must expect complete and lasting integration.
No criminal offenses committed.
Deportation not prevented by deception or lack of cooperation.
The residence permit can be issued for up to 3 years. It is renewable. The immigration authority will check whether the conditions for granting the permit are still met.
If you are professionally qualified and have a concrete job offer for qualified employment, you may be able to obtain a special residence permit. For this, the tolerated person must either
have completed vocational training or a course of study in Germany OR
have a recognized university degree (for recognition here more) and have been employed for at least 2 years in an occupation commensurate with the degree OR
have been working as a skilled worker for at least 3 years and have predominantly secured their own livelihood within the last year before submitting their application OR
after a training toleration have found suitable employment.
The qualified employment must correspond to the training, i.e. it must be in a field for which a vocational or academic qualification is available. For example, it is not possible to work in an occupation for which you have completed a university degree. If you change employer, you must obtain renewed approval from the immigration authority. The approval of the Federal Employment Agency is also required for employment.
The following requirements must also be met:
Sufficient living space.
German language skills at level B1.
Livelihood must be secured primarily through own income.
No criminal offenses committed.
No connection to terrorist or extremist organizations.
Deportation not prevented by deception or lack of cooperation.
NOTE: The residence permit will be revoked if the employment relationship is terminated for reasons for which the applicant is responsible or in the event of a criminal conviction.
The residence permit can be issued for up to 2 years. It can be extended. The foreigners authority will check whether the conditions for issuing the permit are still met. After 2 years in possession of a residence permit for qualified tolerated persons, the employment no longer has to correspond to the training.
The residence permit for qualified tolerated persons or for gainful employment can be renewed here can also be applied for online.
The Right of Residence Opportunity is only relevant for people who have been granted toleration status and who were already tolerated, permitted or allowed to stay in Germany before November 1, 2017. Under certain circumstances, they may receive a residence permit for 18 months. During this period, they should endeavor to meet the requirements for another residence permit (language skills, clarified identity, secure livelihood, etc.). However, the only options available are the residence permit for sustainable integration (see above for the requirements) and the residence permit for well-integrated young people (see above for the requirements).
NOTE: The right of residence with opportunities is also open to those who have a tolerated stay for persons with an unclear identity (§ 60b AufenthG).
Further requirements are:
No criminal offenses committed.
Commitment to the free democratic basic order.
Deportation not prevented by deception or lack of cooperation.
With the right of residence, gainful employment is permitted, i.e. any employed or self-employed activity is permitted. This also applies to persons who are actually subject to an employment ban.
The residence permit from the right of residence with opportunities is issued once . It cannot be extended. If the requirements for another residence permit are not subsequently met, the status remains as it was before the permit was issued.
ATTENTION: The regulations on the right of residence with opportunities are limited until 31.12.2025. An application must be submitted by then.
Tolerated persons who are in training or want to do training can receive a special residence permit. The requirements and conditions are largely similar to the Ausbildungsduldung. The basic requirement for an application is that the tolerated person already has the prospect of a training contract.
The requirements for a tolerated stay for training In addition, the residence permit for training requires that the tolerated person
fulfills the passport requirement and
can support themselves from their own resources (2025: at least € 666 per month). It is possible to receive a vocational training allowance (BAB).
Employment of 20 hours per week is permitted, independent of vocational training, which can be taken into account when securing a livelihood.
The residence permit is issued for the duration of the training and, if necessary, extended to enable the training to be successfully completed. After successful completion of the training, the residence permit can be extended for a maximum of 6 months in order to find qualified employment. If employment is found in a profession corresponding to the training qualification, a residence permit for qualified tolerated persons for the purpose of employment may be considered as a follow-up title.
INFOBOX
Important contacts/points of contact:
SAMM – Service Centre for Work and Migration in Central Saxony
Tel.: +49 (0) 3731 799 -3697 | -4622
Email: samm@landkreis-mittelsachsen.de
Website: https://welcome-mittelsachsen.de/
Visiting address:
Am Rotvorwerk 3
09599 Freiberg (Zug district)