What is Tolerance permit?
In order to understand how to get from a Tolerance permit to the right of residence, it is important to understand what the term Tolerance permit means and what such a title entails. Some people are not aware of the term itself and make unnecessary mistakes when considering the situation.
§ Section 60a Temporary suspension of deportation
In simple terms, Tolerance permit is a temporary suspension of deportation. This is written in § 60a of the Residence Act. It is unclear when this suspension ends and when exactly deportation will take place. The Tolerance permit is not a legal Residence permit and is therefore not included when calculating the length of stay for a Settlement permit or Naturalization . As a rule, a Tolerance permit lasts for a short period of 3 months or 6 months. It must then be extended again and again. It can therefore happen that an Tolerance permit lasts for years.
What is the right of residence?
In simple terms, having the right of residence means that the refugee is legally resident in Germany, in contrast to Tolerance permit . The Residence Act describes exactly how the authorities must proceed for each Residence permit . For example, the duration and why the refugee receives a Tolerance permit .
Purpose of the right of residence
The purposes are important to determine why the refugee is staying in Germany. There are various purposes for residence. These include training (§§ 16-17 AufenthG), an EU Blue Card (for academic specialists), gainful employment (§§ 18 ff AufenthG), international law and humanitarian reasons (§§ 22, 23, 24, 25, 104a, 104b AufenthG), family reunification (27-36a AufenthG) and special residence rights (§§ 37-38a AufenthG).
How do I get the right of residence from Tolerance permit ?
The paths to residence law
There are various ways to obtain the right of residence. It is important that you keep these paths in mind and do everything you can to fulfill the conditions for legal residence. If you work on meeting these requirements, it is also proof to the authorities that you are proactive. This approach is generally always well received by the authorities.
Improve your language skills
Work on your language skills and attend courses or take lessons to improve your German. The key thing here is to have the courses or lessons certified. Another option: take part in tests and examinations. The more language tests and exams you can show, the better it is for your path from Tolerance permit to a right of residence.
The minimum is a B1 language certificate, but it is even better if you have a B2 language certificate. As a general rule, the better your language skills, the more likely you are to obtain a right of residence and, at some point, a Settlement permit or a Naturalization .
Show your commitment
Another important way for you to obtain a right of residence is to show commitment. There are various ways to volunteer in Germany. For example: Volunteering with the volunteer fire department, with the food bank. You can also volunteer at sports clubs. Another opportunity is translation work for refugees, for which you can obtain proof. This is also recognized as voluntary work.
The alternative to this is to take part in integration courses and thus show an interest in German society and integration in Germany.
Do not make yourself liable to prosecution!
The general criterion is previous convictions. Anyone who commits a criminal offense and is only tolerated is harming themselves. If you have a criminal record, it is not possible to switch from Tolerance permit to a right of residence for years. The German state is very strict in this respect. Therefore, do not make yourself liable to prosecution and always behave in accordance with the law, so that you are on the safe side and do not harm yourself unnecessarily.
Start work or training
There are around 400,000 people in Germany who are only in the country with tolerated status. We keep hearing that there are many people with Tolerance permit who do not have a work permit. The way to solve this problem is not that complicated. Look for a job, get an employment contract and sign it. Go to Foreigners' office with the employment contract.
The wrong way is to go to Foreigners' office without an employment contract and apply for a work permit. The principle is: first look for work, then sign an employment contract and then apply for a work permit.
Another and even better way to obtain the right of residence is to start an apprenticeship. Once you start training, you are granted a training toleration. The advantage of this is that you do not have to hope every month that the Tolerance permit will be extended and you will receive this Ausbildungsduldung for the duration of your training (usually 2 - 3 years).
If you complete your training within this period, you will then receive a temporary right of residence in accordance with § 19d AufenthG. Five years later at the latest, you can then obtain a permanent right of residence and German citizenship after six years at the latest.
Compared to working, training is the quicker route to a Settlement permit and a Naturalization. You can take on a mini-job on the side to earn extra money. It is important that you are a specialist in your field of training after your apprenticeship and this is always better received by the German authorities than simply going to work without training.
The same applies here as at work: first look for a trainer (company/school), then sign a training contract, then go to the authorities with the training contract.
The path via the length of stay
A final route from Tolerance permit to a right of residence is the duration of residence. According to § 25b AufenthG, it is possible to obtain a right of residence after 6 - 8 years, even without training. Conditions for this: You must not have a criminal record, you must not receive social assistance or money from the job center and you must work. Meaning: Even without training, the problem of toleration is solved after 6 years if you work. However, training is still the quicker route.
Other options for obtaining the right of residence
There are other ways to obtain the right of residence from Tolerance permit . These are various things that you need to bring with you. These points do not apply to all people with an Tolerance permit .
From Tolerance permit to opportunities Residence permit
It is possible to obtain a so-called right of residence opportunity from Tolerance permit . This is laid down in § 104c AufenthG. The condition for this is that you are committed to the free German basic order and have not been convicted of a serious criminal offense of more than 90 daily rates.
The decisive factor is that the tolerated person has resided in Germany without interruption for 5 years on October 31, 2022 with Tolerance permit . It must be said that this right of residence is the most complicated and difficult way to obtain a Settlement permit or Naturalization residence permit. We therefore recommend all other alternative routes to a right of residence.
Alternative residence permit § 25 para. 5 AufenthG
Another opportunity to reach a legal Residence permit is given if the tolerated person is prevented from leaving the country. This means that it is not possible for the foreigner to leave the country for legal or factual reasons and that this will not change in the long term.
This residence permit is issued if deportation has been suspended for 18 months. It is important that it is clear that the tolerated person is not to blame for preventing deportation and has not made any false statements. This is stated in § 25 Para. 5 of the Residence Act.
Residence permit for minors § 25a AufenthG
Well-integrated adolescents and young adults have the option of moving from Tolerance permit to the right of residence § 25a AufenthG. The decisive factor here is that the young person has been in Germany for 3 years without interruption with Tolerance permit or a residence permit.
The application for a residence permit must also be submitted before the age of 27 and the person concerned must have been successfully attending school for 3 years or have obtained a recognized vocational or school qualification. An exception to this is if the tolerated person cannot fulfill this point due to mental or psychological illness or a disability.
Furthermore, it must be ensured that the young person or adult can integrate into the living conditions in Germany through their education or living conditions and it must be clear that the young person or adult is committed to the free democratic basic order of the Federal Republic of Germany.
Application and procedure for a residence permit
The application and procedure for a residence permit is a special process with a number of points to consider. It depends very much on which right of residence you want to obtain after Tolerance permit . Different conditions apply to the various residence permits.
Where do I apply for a residence permit?
The residence permit is always applied for at the Foreigners' office responsible for your location. It is important that you provide proof of all the necessary documents. In addition to the application for a residence permit, you will need a document that clearly shows that you are a tolerated resident in Germany. Proof of identity is also required. Depending on the residence permit, further documents may be required as proof.
How do I apply for a residence permit?
It is important that you can provide all the documents that are required. Very important if you want to apply for a Ausbildungsduldung or a work permit: Please always look for the training position first, sign the contract and then go to the authorities and submit the contract including the application. The same procedure must be followed for the job.
The following applies to all other residence permits: Read through the requirements and submit supporting documents relating to the requirements. We recommend: Always submit complete applications and all documents in one application. This makes things easier for the authorities.
How long does it take to process the application?
The length of time it takes to process your residence depends very much on which residence permit you are applying for. In the case of a training permit in accordance with § 19d AufenthG, you must have completed your training. This takes 2, sometimes 3 years. If you successfully complete your training, you will then receive the Residence permit in accordance with § 19d AufenthG. In the case of the right of residence according to 104c AufenthG, the process of fulfilling the requirements and processing takes around 18 months.
The time after the right of residence
Once you have obtained your right of residence and have left Tolerance permit, many things will be easier for you. Now there are different perspectives for you in the next steps. Depending on your interests and wishes, there are two different options.
The possibility of Settlement permit
One option is to apply to Settlement permit . In our detailed blog article about the Settlement permit you can read about the requirements and opportunities offered by such a permanent Residence permit . The Settlement permit is always a good intermediate step on the way to Naturalization . Find out more about the advantages of Settlement permit here!
The possibility of Naturalization
Another perspective after the step from Tolerance permit to the right of residence is Naturalization. However, with the new Naturalization Act, you have to wait 5 years. Your period of residence with Tolerance permit cannot be included in the Naturalization . So you now have to wait 8 years and prepare everything for the Naturalization process. Under the blog article on Naturalization you can find out the conditions for a successful application. You can also read more about the benefits of Naturalization here.
Summary
As you can see in the blog article, there are ways to move from tolerated status to Residence permit . The most important points are summarized here:
- Look for a training place and apply for a tolerated stay permit. After completing your training, you will be granted a temporary right of residence. In our experience, this entitles you to permanent residence 5 years after you have been granted a residence permit and you can apply for Naturalization after 6 years.
- Look for a job, provide proof of the employment contract and then apply for a Residence permit for work reasons.
- After 6 years Tolerance permit you have the option of applying for a Residence permit . However, this is not the most sensible route. The path to an Settlement permit or Naturalization is then longer.
- Are you a young person or an adult under the age of 27 and have been a tolerated resident in Germany for three years? Then you can apply for a residence permit in accordance with §25a AufenthG.
- You can submit an application for a right of residence according to § 104c AufenthG. In this case, you must have lived in Germany for an uninterrupted period of 5 years. The path to Settlement permit or Naturalization is also longer in this case.
- With previous convictions, the path from Tolerance permit to the right of residence is increasingly difficult. With previous convictions of more than 90 daily rates, it is no longer an issue for several years.
- Language certificates, voluntary work and commitment help. The more willingness to integrate you show, the better!
Do you still have questions about Tolerance permit?
FAQ - All questions and answers on the path from Tolerance permit to the right of residence
Yes, with a training position you will receive a tolerated stay for training. You do not have to worry every month whether your tolerated stay status will be extended. The important thing is to look for the training place first, sign the contract and then go to the authorities with the contract and not to the authorities first. The "Ausbildungsduldung" lasts until the end of your training. If you successfully complete your training, you will be granted the right of residence in accordance with § 19d AufenthG. You can then obtain a permanent right of residence 5 years later at the latest and German citizenship 6 years later at the latest.
Yes, you come with an employment contract from Tolerance permit. It is important that you look for work first, then sign the contract and go to the authorities with the signed contract and your application for a residence permit and submit the documents with all the other necessary documents.
Yes, you can obtain a right of residence after 5 years via the right of residence opportunity according to § 104c AufenthG. Another option is to obtain the right of residence 25b AufenthG after 6 years Tolerance permit . We do not recommend either route. The better way is to obtain the right of residence through work or training.
It depends on the level of previous convictions. Generally speaking, it takes much longer to obtain a Residence permit from a Tolerance permit if you have previous convictions. If you have previous convictions with sentences of more than 90 days, then the right of residence is not an issue for years.
Yes, it is important that you show that you want to integrate and live in Germany. The more commitment you show (through voluntary work or integration tests) and the more language certificates you obtain, the better it is for your path from Tolerance permit to the right of residence.
