On 1 January 2020, the law on the employment toleration permit in accordance with Section 60d AufenthG came into force. The law forms part of the comprehensive migration package that was passed by the Federal Council on 28 June 2019. It guarantees foreigners whose deportation is temporarily suspended (so-called toleration permit (Duldung)) a reliable residence status under certain conditions and for a certain period of time through a long-term toleration permit if they have a job. Following a training or employment toleration permit, it is possible under certain conditions for the applicant to be granted a residence permit. In future, individuals who are obliged to leave the country as well as their spouses or life partners will be able to obtain an employment toleration permit for 30 months and thus a secure residence status within the framework of this law if, among other things, the following requirements are met:
- Entry into the German Federal Republic before the cut-off date of 1 August 2018
- The person’s identity must have been clarified
- If they have been in possession of a toleration permit for at least 12 months
- Employment subject to social insurance contributions of at least 35 hours per week (single parents: 20 hours per week) for a period of at least 18 months
- They Independently secure their own livelihood
- A sufficient oral command of the German language
- No conviction for a criminal offence committed intentionally in German territory (with the exception of criminal offences that can only be committed by foreigners under the Residence Act or the Asylum Act).
- No links to extremist or terrorist organisations
- Successful completion of an integration course if attendance is compulsory
- Actual school attendance of school-age children
The minor unmarried children living in a family community with the foreigner also receive a toleration permit for the same period of time. The regulation is limited until 31 December 2023, i.e. applications can be submitted at the latest by that date. Here you can access the text of the law once again.
Further information
The Flüchtlingsrat Sachsen-Anhalt e.V. explains the Employment Toleration Permit in a video.