Toleration; Application for Granting and Extension

A temporary stay permit is granted to foreign nationals who are required to leave Germany but whose deportation is impossible—particularly for legal or practical reasons—and for whom the obstacle to departure is not expected to be removed in the foreseeable future. It does not constitute a residence permit and therefore does not establish lawful residence.

Tolerance is extended if deportation remains impossible for practical or legal reasons. If the obstacles to deportation are removed, the Foreigners’ Registration Office will revoke the tolerance or refuse to extend it.

In addition to cases where deportation is impossible for legal or factual reasons, there are other circumstances in which a “Duldung” may be considered on a case-by-case basis. For example, a foreign national may be granted a “Duldung” if, among other things, urgent humanitarian or personal reasons or significant public interests require his or her continued temporary presence in Germany.

A temporary stay permit under Section 60c of the Residence Act on the grounds of urgent personal reasons must be granted if the foreign national begins or has begun qualified vocational training in a state-recognized or comparably regulated vocational field in Germany, there is no absolute prohibition on gainful employment, and no concrete measures to terminate their stay are imminent (so-called “training-based temporary stay permit”).

A temporary stay permit under Section 60d of the Residence Act on the grounds of urgent personal reasons may also be granted if the foreign national, in particular, has already held a temporary stay permit for twelve months, has been engaged in employment subject to social security contributions for twelve months, has clarified his or her identity within specified time limits, can support himself or herself, and has not committed any criminal offenses (so-called “employment-based temporary stay permit”).

In addition, the Residence Act also provides for the possibility of issuing a general tolerance regulation for certain groups of foreign nationals by order of the highest state authority for a maximum period of three months (so-called “deportation moratorium”). A certificate must be issued to the foreign national regarding the suspension of deportation.

Tolerance does not affect the existing enforceable obligation to leave the country. However, with the granting of tolerance, the foreign national is no longer liable to prosecution for “illegal” residence under Section 95(1)(2) of the Residence Act. Toleration expires upon the foreign national’s departure and does not entitle the individual to return to the Federal Republic of Germany.

If the suspension of deportation is based, among other things, on grounds for which the foreign national is responsible, because the foreign national has caused the obstacle to removal by deceiving authorities regarding his or her identity or nationality, or by providing false information, or because he or she has failed to take reasonable steps to fulfill the special obligation to obtain a passport, the temporary stay permit is granted pursuant to Section 60b(1) of the Residence Act with the addition “for persons of unknown identity.”

Conditions

Holders of a tolerance permit are generally permitted to reside only in their federal state at first (Section 61 of the Residence Act). However, this geographical restriction (“residence requirement”) is waived by law if the foreign national has been residing in Germany—whether unlawfully, under a tolerance permit, or with permission—for three months. However, it may be reimposed in the case of criminals, persons suspected of drug offenses, and those granted temporary tolerance for whom specific measures to terminate their stay are imminent.

A foreign national with “tolerated status” whose livelihood is not secured is required to establish their habitual residence at a specific location (so-called “residence requirement”). This residence requirement arises by operation of law. Unless the Foreigners’ Registration Office has ordered otherwise, this is the place of residence where the foreign national was living at the time of the decision to temporarily suspend deportation.

Holders of a tolerance permit for persons with an unclarified identity are also subject to a residence requirement.

Employment

A foreign national with a “tolerated stay” permit is prohibited by law from engaging in gainful employment as long as he or she does not have express permission to do so under immigration law. If the “tolerated stay” was granted with the addition “for persons of unknown identity,” the foreign national may not be permitted to engage in gainful employment. In addition, there are other cases in which an absolute prohibition on employment exists by law or employment is precluded. Otherwise, employment may be permitted under certain conditions (e.g., after three months of lawful residence and with the approval of the Federal Employment Agency) and subject to a discretionary decision by the immigration authorities.

Jurisdiction

Depending on the country of origin of the foreign national required to leave the country, jurisdiction for the issuance and extension of temporary stays lies with the Foreigners’ Office of the district administrative authorities or with the Central Foreigners’ Office at the state governments. Please contact the immigration authority that has been handling your case so far.

A suspension of deportation may be considered for various factual or legal reasons. In particular, a temporary stay of deportation is granted to individuals who are required to leave Germany but cannot (yet) be deported—for example, because they do not have a passport, due to illness, or because there is no way to fly to a particular region.

It is extended if deportation remains impossible.

Applications for the granting and renewal of temporary residence permits must be filed, depending on the country of origin of the foreign nationals required to leave the country, with the Foreigners’ Registration Office of the district administrative authorities or with the Central Foreigners’ Registration Office at the state governments.

• The documents to be submitted can vary widely.
  Please check with the Immigration Office.

Issuance of a certificate of temporary residence:

• as a self-adhesive label only: 58 euros
• on a pre-printed form: 62 euros

Renewal of a certificate of temporary residence:

• as a self-adhesive label only: 33 euros
• on a pre-printed form: 37 euros