Temporary suspension of deportation (tolerated stay)
<p>The toleration merely certifies the registration of a person by the Foreigners Office and the temporary suspension of the existing obligation to leave the country for the specified period. The tolerated stay does not make the stay legal, but the offence of illegal residence does not apply. Conditions and ancillary provisions regarding employment and spatial restrictions may be attached to a tolerated stay.</p>
<p>Deportation can be suspended for various reasons. For example, for urgent humanitarian or personal reasons, due to <span>unclear identity, education or employment</span>.</p>
<p>The obligation to leave the country of a person whose deportation has been suspended remains unaffected. The tolerated stay expires upon departure and does not authorise the person to return to the Federal Republic of Germany. If the reasons preventing deportation no longer apply, the tolerated stay will be revoked.</p>
<p>In the case of a tolerated stay <strong>due to an unclear identity</strong>, missing acts of co-operation can be made up for at any time. It is not permitted to pursue gainful employment and a residence requirement will be imposed.</p>
<p>In order to receive a tolerated stay for <strong>employment</strong>, you must have entered the federal territory by 31 December 2022.</p>
<p>You can apply for a <strong>tolerated stay for training purposes</strong> at the earliest 7 months before the start of vocational training.</p>
<p>Tolerated persons who have been sentenced to a total of more than 50 daily rates for intentional criminal offences or 90 daily rates for criminal offences under immigration law <strong>cannot</strong> receive a tolerated stay for training or a tolerated stay for employment. If a tolerated stay for training has already been granted, this expires.</p>
<p>Tolerated persons who are associated with or support extremist or terrorist organisations are <strong>not</strong> eligible for tolerated employment.</p>
<p>Tolerated persons against whom an expulsion order and a deportation order according to § 58a AufenthG exist or whose children have committed serious criminal offences <strong>cannot</strong> be granted tolerated employment.</p>
<p>If one of the conditions for granting a work permit is no longer met, the work permit will be revoked.</p>
<p>If the training is terminated or cancelled prematurely or the employment relationship is terminated, the employer is obliged to notify the responsible Foreigners Office in writing or electronically within two weeks of becoming aware of this.</p>
<p>The training toleration expires if the training is terminated or cancelled prematurely.</p>
Asylum Become Cancel Conditions Deportation Electronic Employers Employment Flight Gainful Humanitarian Humanitär Identity Immigration Labour Leaves Light Notify Obligation Offences Pension Permitted Public Restriction Return Suspension Temporary Tolerated Tolerated stay light Urgent Vocational Vocational training ancillary criminal entered entity fence leave lights pensioners pensions provisions reasons relationship restrictions territory

# Temporary suspension of deportation (tolerated stay)

## Summary

If you are obliged to leave Germany but cannot be deported, you will receive a certificate of suspension of deportation.
## Description

The toleration merely certifies the registration of a person by the Foreigners Office and the temporary suspension of the existing obligation to leave the country for the specified period. The tolerated stay does not make the stay legal, but the offence of illegal residence does not apply. Conditions and ancillary provisions regarding employment and spatial restrictions may be attached to a tolerated stay.

Deportation can be suspended for various reasons. For example, for urgent humanitarian or personal reasons, due to unclear identity, education or employment.

The obligation to leave the country of a person whose deportation has been suspended remains unaffected. The tolerated stay expires upon departure and does not authorise the person to return to the Federal Republic of Germany. If the reasons preventing deportation no longer apply, the tolerated stay will be revoked.

In the case of a tolerated stay **due to an unclear identity**, missing acts of co-operation can be made up for at any time. It is not permitted to pursue gainful employment and a residence requirement will be imposed.

In order to receive a tolerated stay for **employment**, you must have entered the federal territory by 31 December 2022.

You can apply for a **tolerated stay for training purposes** at the earliest 7 months before the start of vocational training.

Tolerated persons who have been sentenced to a total of more than 50 daily rates for intentional criminal offences or 90 daily rates for criminal offences under immigration law **cannot** receive a tolerated stay for training or a tolerated stay for employment. If a tolerated stay for training has already been granted, this expires.

Tolerated persons who are associated with or support extremist or terrorist organisations are **not** eligible for tolerated employment.

Tolerated persons against whom an expulsion order and a deportation order according to § 58a AufenthG exist or whose children have committed serious criminal offences **cannot** be granted tolerated employment.

If one of the conditions for granting a work permit is no longer met, the work permit will be revoked.

If the training is terminated or cancelled prematurely or the employment relationship is terminated, the employer is obliged to notify the responsible Foreigners Office in writing or electronically within two weeks of becoming aware of this.

The training toleration expires if the training is terminated or cancelled prematurely.

## Responsible Department

KVR
## Required Documents

**Application**

You can apply for the relevant tolerated stay via our online service or by post.

Duldung for **temporary suspension of deportation**:

* [Registration](https://stadt.muenchen.de/service/info/wohnsitz-anmelden-oder-ummelden/1063475/n0/) of main residence in Munich
* Documents on special features in the specific individual case
* Proof that the temporary presence in the federal territory is necessary
* A current biometric photograph
* Current payslip or , if receiving benefits, proof of social benefits (benefit notification)
* In the case of unclear identity or non-possession of a valid national passport: Proof of the efforts made to clarify the identity and obtain a valid identity and travel document

**Educational toleration**

* [Registration](https://stadt.muenchen.de/service/info/wohnsitz-anmelden-oder-ummelden/1063475/n0/) of main residence in Munich
* Training contract
* For company-based training: Proof that entry of the training contract in the register of vocational training relationships has already been applied for at the responsible office or that the entry has been made
* In the case of vocational training at a vocational college or technical college: contract with or confirmation of admission/registration from the respective state or public school with a description of the specific training occupation
* Valid passport, passport substitute or another document clarifying identity
* If applicable, proof of the efforts made to clarify your identity and obtain a valid ID and travel document
* Current payslip or , if receiving benefits, proof of social benefits (benefit notification)
* A current biometric photograph

**Employment authorisation:**

* [Registration](https://stadt.muenchen.de/service/info/wohnsitz-anmelden-oder-ummelden/1063475/n0/) of main residence in Munich
* Current confirmation of employment and the last three payslips
* Waiting period information from the German Pension Insurance with insurance history
* Confirmation from the responsible benefits authority that no social benefits have been received in the last 12 months
* Proof of oral German language skills at A2 level (language certificate or certificate of at least a secondary school leaving certificate)
* Bank statements showing the amount of rent or notice of charges for accommodation
* Declaration of domestic community
* Proof of successful completion of an integration course, if applicable
* Valid passport, passport substitute or another document clarifying identity
* If applicable, proof of the efforts made to clarify your identity and obtain a valid identity and travel document
* A current biometric photograph

**For families additionally**

* Current school certificate for school-age children
* The last three payslips of your spouse or partner
* If applicable, proof of successful completion of an integration course by the spouse or partner

## Prerequisites

Deportation is temporarily suspended if

* deportation is impossible for factual or legal reasons,
* the temporary presence in the federal territory for criminal proceedings for a criminal offence is deemed appropriate by the public prosecutor's office or the criminal court, or
* urgent humanitarian or personal reasons or significant public interests require a temporary continued presence in the federal territory.

If the deportation of tolerated persons cannot be carried out for reasons for which they are responsible, because the obstacle to deportation is caused by their own deception about their identity or nationality or by their own false statements, or if reasonable actions to fulfil the special obligation to obtain a passport are not taken, the tolerated stay will be issued with the addition "for persons with an unclear identity".

**Requirements for a tolerated stay for training**

* Qualified vocational training (duration of training of at least two years) in a state-recognised or comparable regulated training occupation or
* Assistant and helper training in a state-recognised or comparably regulated training occupation, which can be followed by qualified vocational training in a state-recognised or comparably regulated training occupation for which the Federal Employment Agency has identified a shortage and for which a training place has been confirmed
* Three months' possession of a tolerated stay permit if the vocational training is to be started with the status of tolerated stay permit
* Clarified identity
  + if entering the federal territory by 31 December 2016 until the application for tolerated stay for training, or
  + if entering the federal territory from 1 January 2017 and before 1 January 2020 until the application for tolerated stay for training, but no later than 30 June 2020
  + if entering the federal territory after 31 December 2019 within the first six months after entry
* Work permit
* Extensive exemption from punishment

**Prerequisites for a tolerated work permit**

* Clarified identity

+ if entering the federal territory by 31 December 2016 until the application for tolerated employment
+ if entering the federal territory between 1 January 2017 and 31 December 2022 until 31 December 2024 or, in cases where the application is submitted before 31 December 2024, until the application for tolerated employment is submitted

* In possession of a tolerated stay permit for at least 12 months
* Have been in employment subject to social insurance contributions for at least 12 months with regular working hours of at least 20 hours per week
* Securing a livelihood within the last 12 months before applying for tolerated employment through own employment; short-term interruptions for which the applicant is not responsible are not taken into account
* Securing a livelihood through own employment
* Sufficient oral knowledge of the German language (level A2)
* Successful completion of an integration course, insofar as there was an obligation to participate or a cancellation was not self-inflicted

**The following additional requirements apply to families**

* Proof of school attendance for underage children of school age living in the same household

Further documents may be required in individual cases.

## Fee Range

First licence: 62 euros

Renewal: 33 or 37 euros  

First issue for minors: 31 euros

Extension for minors: 16.50 or 18.50 euros

For persons who are dependent on asylum seeker benefits for their livelihood, the application is free of charge.

## Processing Time

10-12 weeks

## Legal Basis

§ 60a, § 60b, § 60c, § 60d AufenthG

## Questions and Answers

 
### Can I work with a tolerated stay permit?

 

in order to be allowed to work, tolerated persons must apply for a work permit from the Foreigners Office.  


   
### How long is a tolerated stay permit valid for?

 

howlong a tolerated stay permit is issued for depends on the reason for the tolerated stay and the discretion of the Foreigners Office. It is usually only issued for a short period of time and must therefore be extended regularly.  


   
### I already have a tolerated stay permit for persons with an unclear identity. What happens next?

 

You must fulfil the required cooperation requirements and provide evidence of this. The following are regularly considered reasonable

* to co-operate in the appropriate manner in the issuing or extension and to tolerate the processing of an application by the authorities of the country of origin in accordance with the law of the country of origin, provided this does not lead to unreasonable hardship,
* to appear in person before the authorities of the country of origin, to attend hearings, to have photographs taken on request and to give fingerprints, to make any statements or declarations required by the law or administrative practice of the country of origin or to take any other action required by the law or administrative practice of the country of origin, unless this is unreasonable,
* to make a declaration to the authorities of the country of origin to leave the federal territory voluntarily as part of his/her legal obligation under German law, insofar as the issue of the travel document is made dependent on this,
* if the issuance of the travel document is made dependent on this, to declare to fulfil compulsory military service, unless the fulfilment of compulsory military service is unreasonable for compelling reasons, and to fulfil other reasonable civic obligations, to pay the fees generally set by the country of origin for official passport procurement measures, unless it is unreasonable and
* toreapply for the issuance of the passport or passport substitute within the scope of what is reasonable and to carry out the actions if, due to a change in the factual and legal situation, the issuance of the passport or passport substitute by the authorities of the country of origin can be expected with sufficient probability and the Foreigners Office requests that the actions be carried out again.

It can then be examined whether the tolerated stay can be issued without the addition "for persons with an unclear identity" .

   
### I feel that the required co-operation is unreasonable. What can I do?

 

listin detail which acts of co-operation are involved and explain why you personally cannot comply with the requirements. Indicate what you think you can afford.  


   
### I already have a tolerated stay permit for persons whose identity has not been clarified. Can I apply for a residence permit?

 

yes, people with a tolerated stay permit with an unclear identity can also obtain a residence permit if they fulfil the relevant conditions for granting it.  


   
### When can I apply for a tolerated stay permit for training?

 

The application for a tolerated stay for training purposes can be submitted at the earliest seven months before the start of the vocational training programme.

The training toleration permit will be issued at the earliest six months before the start of the vocational training programme.

   
### I have successfully completed my training, but my training company will not take me on. What happens next?

 

the tolerated stay is extended for six months for the purpose of looking for a job that corresponds to the vocational qualification acquired if the vocational training has been successfully completed and there is no further employment in the company providing the training.  


   
### I have successfully completed my training. What happens next?

 

a tolerated person can be granted a residence permit for the purpose of finding employment that corresponds to their professional qualification.  
[Further information](https://stadt.muenchen.de/service/info/hauptabteilung-ii-buergerangelegenheiten/10300826/) https://stadt.muenchen.de/service/info/hauptabteilung-ii-buergerangelegenheiten/10300826/  


   
### I have lost my training place. What happens next?

 

if the training relationship is terminated prematurely or broken off, a tolerated stay permit will be issued once for six months for the purpose of looking for another training place to take up vocational training.  


   
### I already have a tolerated work permit. What happens next?

 

holders of a tolerated employment permit can receive a residence permit if they have integrated well or sustainably.  


   
### Where can I get advice on a German course?

 

You can get advice from the integration counselling service [IBZ Sprache und Beruf](http://www.muenchen.de/ibz) and from the Social Services Department .

   
### Can I receive social benefits with a tolerated stay permit?

 

toleratedpersons receive benefits in accordance with the Asylum Seekers' Benefits Act.  


   
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