What is § 16g AufenthG?
The new Residence permit § 16g AufenthG (the residence permit for vocational training for foreigners who are required to leave the country) opens up new opportunities for you to start vocational training in Germany and thus obtain a secure Residence permit job. With the amendment to the Skilled Immigration Act on March 1, 2024, your training toleration will be converted into a Residence permit for training, which will improve your integration and career opportunities in Germany.
Why does § 16g AufenthG exist
Since its introduction, Section 16g of the Residence Act has undergone numerous developments and legislative changes up to 2024, which aim to improve the conditions for people like you who are required to leave the country and to offer you a sustainable perspective in Germany.
The background to this is the new Skilled Immigration Act, which came into force in November 2023. With the Skilled Immigration Act, the German government wants to combat the problem of the shortage of skilled workers in various professional sectors.
Legal framework
Section 16g of the Residence Act sets out the legal basis for issuing a residence permit for vocational training. You can obtain this permit if you are starting or have started a qualified vocational training course or a subsequent assistant or helper training course in a state-recognized training occupation.
However, the residence permit will not be issued if there are certain grounds for exclusion in accordance with Section 60a (6) AufenthG, such as
- You have entered Germany in order to obtain benefits under the Asylum Seekers Benefits Act.
- Measures to terminate your stay cannot be enforced for reasons for which you are responsible.
- You are a national of a safe country of origin according to § 29a AsylG and your asylum application submitted after August 31, 2015 was rejected or withdrawn, unless the withdrawal was due to a consultation with the BAMF or an application was not submitted.
Who gets § 16g AufenthG?
Section 16g AufenthG is aimed at certain groups of people who can obtain a residence permit for vocational training under specific conditions. This regulation is intended to help you to obtain a professional perspective in Germany despite your obligation to leave the country.
People with a Tolerance permit in accordance with Section 60a or 60c AufenthG
People who have a Tolerance permit in accordance with Section 60a or a training toleration permit in accordance with Section 60c AufenthG can benefit directly from this law. The Tolerance permit is issued if deportation has been suspended.
You must fulfill the following conditions in order to obtain a residence permit in accordance with § 16g:
- Tolerated status: You have a Tolerance permit in accordance with § 60a or 60c AufenthG.
- You have taken up vocational training: You have taken up qualified vocational training or a subsequent assistant or helper training in a state-recognized training occupation.
- Clarification of identity: Your identity has been clarified and proven.
Requirements in detail:
Prerequisite | Description |
|---|---|
Tolerated status | You have a Tolerance permit in accordance with § 60a or 60c AufenthG. |
Taking up vocational training | You have started a qualified vocational training course in accordance with Section 2 (12a) AufenthG or a subsequent assistant or helper training course. |
Clarification of identity | Their identity has been clarified and proven. |
People who belong to a specific training group
In addition to people with a Tolerance permit , people who are in state-recognized or comparable regulated training in accordance with Section 2 (12a) AufenthG can also receive a residence permit in accordance with Section 16g AufenthG. The training must last at least 2 years. This regulation aims to promote access to qualified training places and to support skilled workers in sectors with shortages.
Examples of eligible training groups:
Qualified vocational training:
- Craft trades (e.g. electrician, carpenter)
- Technical professions (e.g. mechatronics technician, industrial mechanic)
Assistant or helper training:
- Nursing professions (e.g. nursing assistance)
- Services (e.g. gastronomy, hotel business)
These training groups are particularly relevant as they have a high demand for skilled workers in Germany. Training in one of these professions will significantly increase your chances of long-term career prospects and integration into the German labor market.
From 16g AufenthG to permanent residence
With a residence permit in accordance with Section 16g AufenthG, you can lay the foundations for long-term professional and personal prospects in Germany. After successfully completing your vocational training, you have the option of obtaining a Settlement permit via § 19d AufenthG , which will allow you to stay in Germany for an unlimited period of time.
Ways to Settlement permit
Requirements for Settlement permit:
- Successful completion of training: You must have successfully completed your vocational training.
- Professional qualification: Your professional qualification must meet the requirements.
- Approval from the Federal Employment Agency: You need the approval of the Federal Employment Agency to take up employment.
- Fulfillment of the requirements of § 19d paragraph 1 numbers 2, 3, 6 and 7 AufenthG: These include sufficient language skills, a secure livelihood and no criminal record.
Important!!!: If these points apply to you after the end of your training, you must be granted a 2-year residence permit in accordance with § 19d AufenthG for qualified tolerated persons for the purpose of employment. If the legal residence period of 5 years has been fulfilled and all other requirements are met (the duration in § 16g AufenthG also counts), you can apply for an exemption from § 19d AufenthG at Settlement permit .
The advantages of Settlement permit in a nutshell:
- Permanent residence
- Full access to the labor market
- Access to integration services
Role of professional qualifications
The professional qualification acquired in Germany plays a central role in obtaining permanent residence. It not only demonstrates your skills and knowledge, but also your willingness to integrate into the German labor market.
Key qualifications:
- Specialist skills in your training occupation
- Practical work experience during and after training
- Language skills and intercultural skills
Legal hurdles and how to overcome them
Various legal hurdles can arise on the way to permanent residence. Here are some tips to help you overcome them:
- Clarification of identity: Make sure that your identity is clearly clarified and proven.
- Fulfill all legal requirements: Make sure that you meet all the legal requirements for obtaining a residence permit and later the Settlement permit .
- Timely application: Submit all necessary applications in good time and make sure you meet all deadlines.
- Advice and support: Take advantage of advice and legal support to meet all requirements correctly and avoid potential stumbling blocks.
Everyday life with the residence permit for vocational training for foreigners who are required to leave the country
With a residence permit in accordance with § 16g AufenthG, you will not only have the opportunity to complete qualified vocational training, but also other support such as social integration and a part-time job for a certain period of time per week.
Living and working with 16g AufenthG
Here are the advantages of your daily life with § 16g AufenthG:
- Secondary employment: You may work up to 20 hours per week.
- Social integration: You have access to integration courses and other social support services.
- Education: In addition to training, you can attend language courses and take advantage of other further education opportunities.
Duration of the residence permit
The residence permit according to § 16g AufenthG is valid for as long as your training lasts. After successfully completing your training and if all requirements are met, you will receive a residence permit for qualified tolerated persons for the purpose of employment in accordance with § 19d AufenthG.
This residence permit is initially issued for two years and gives you long-term career prospects in Germany.
Enclosed is a table on the period of validity of § 16g AufenthG
Phase | Duration | Prerequisites |
|---|---|---|
Education | As long as the training lasts | Starting and continuing qualified vocational training |
Employment after training | Two years | Fulfillment of the requirements of § 19d AufenthG paragraph 1 numbers 2, 3, 6 and 7 |
Important addition: If your training is interrupted or terminated prematurely, you will be given the opportunity to look for a new qualified training position within a period of 6 months in accordance with Section 16g (5) AufenthG. This regulation gives you additional security and time to pursue your professional goals.
Requirements for the residence permit according to § 16g AufenthG
In order to obtain a residence permit in accordance with § 16g AufenthG, you must meet certain legal requirements. These requirements are clearly defined and ensure that only qualified and authorized persons receive this permit.
Legal conditions
Important legal conditions:
- Tolerated stay status: You must be in possession of a Tolerance permit in accordance with § 60a or a training permit in accordance with § 60c AufenthG.
- Start of vocational training: You must have started a qualified vocational training course or a subsequent assistant or helper training course in a state-recognized training occupation.
- Clarification of identity: Your identity must be clearly clarified and proven.
- Reasons for exclusion: There must be no grounds for exclusion pursuant to Section 60a (6) AufenthG.
Summary of the legal conditions:
Condition | Description |
|---|---|
Tolerated status | Possession of a Tolerance permit in accordance with § 60a or 60c AufenthG |
Vocational training | Taking up qualified vocational training in accordance with Section 2 (12a) AufenthG or subsequent assistant/helper training |
Clarification of identity | Clear clarification and proof of identity |
No grounds for exclusion | No grounds for exclusion according to Section 60a (6) AufenthG |
Qualification types
The residence permit pursuant to Section 16g AufenthG applies to various types of vocational training that are recognized in Germany pursuant to Section 2 (12a) AufenthG.
These training courses must meet certain quality standards and take place in bottleneck occupations in order to increase opportunities on the labor market. This includes state recognition and at least 2 years of training.
Differentiation between the forms of training:
- Qualified vocational training:This form of training covers occupations that require extensive specialist training and take place in state-recognized or comparably regulated training occupations.
Examples: Electricians, mechatronics engineers, industrial mechanics.
Assistant or helper training:
- This form of training serves as a preliminary stage to qualified vocational training and covers occupations that take place in a recognized training occupation with a shortage of skilled workers.
Examples: Nursing assistant, hotel and catering assistant.
Summary of qualification types:
Form of training | Description | Examples |
|---|---|---|
Qualified vocational training | Includes professions with extensive technical training in state-recognized professions | Electrician, mechatronics engineer, industrial mechanic |
Assistant/helper training | Preliminary stage to qualified vocational training in bottleneck occupations | Nursing assistant/nursing specialist, hotel and catering assistant
Hotel & catering specialist |
Application process for a residence permit according to § 16g AufenthG
The application process for a residence permit in accordance with Section 16g AufenthG comprises several steps that must be followed carefully.
Steps of the application process
Here is a step-by-step guide to successfully going through the process:
Preparation and advice:
- Find out more about the requirements and the application process.
- Take advantage of advice offered by lawyers or migration advice centers.
Clarification of identity:
- Make sure that your identity is fully clarified and documented.
- Collect all necessary proof of identity.
Secure an apprenticeship:
- Find and secure an apprenticeship in a recognized profession.
- Receive a written acceptance for the training position.
Fill in the application form:
- Fill out the official application form for the residence permit.
- Make sure that all information is complete and correct.
Submission of the application:
- Submit the application to the responsible Foreigners' office .
- Attach all required documents.
Processing and tracking:
- Track the processing status of your application.
- Respond immediately to any queries from the authorities.
Important deadlines and documents
To ensure that your application for a residence permit under Section 16g AufenthG is successful, you must meet certain deadlines and provide the required documents.
Important deadlines:
Deadline | Description |
|---|---|
Application | At the earliest seven months before the start of vocational training |
Issuing the residence permit | At the earliest six months before the start of vocational training |
Deadline for premature termination of training | Six months to look for a new training place in accordance with Section 16g (5) AufenthG |
Required documents:
Proof of identity:
- Valid passport or identity card
- Birth certificate
Evidence for Tolerance permit:
- Documentation of the tolerated status according to § 60a or § 60c AufenthG
Training documents:
- Apprenticeship commitment
- Training contract
- Confirmation of registration of the training relationship with the competent authority
Additional evidence:
- Proof of sufficient financial resources
- Proof of health insurance
- Proof of language skills, if applicable
Summary of the documents:
Document | Description |
|---|---|
Proof of identity | Passport, identity card, birth certificate |
Evidence of the Tolerance permit | Documentation of the tolerated status according to § 60a or § 60c AufenthG |
Training documents | Training place confirmation, training contract, confirmation of registration |
Additional evidence | Financial means, health insurance, language skills |
Problem | Solution strategy |
|---|---|
Missing or incomplete documents | Use of checklists, preliminary check by advice centers |
Unclear identity | Early procurement of alternative proof of identity, cooperation with authorities |
Reasons for exclusion according to § 60a paragraph 6 AufenthG | Legal advice, honest and complete communication |
Language barriers | Participation in language courses, use of interpreters and multilingual advice centers |
Conclusion and outlook
Finally, here is a summary of Section 16g of the Residence Act and an outlook on the development of the new legislation.
Summary of the key points
The most important aspects of this paragraph include:
Prerequisites:
- Possession of a Tolerance permit in accordance with § 60a or § 60c AufenthG.
- Start of a qualified vocational training course or a subsequent assistant or helper training course in a recognized profession.
- Clear clarification of identity and no existing grounds for exclusion pursuant to Section 60a (6).
Procedure:
- Step-by-step application process that should be started early and carefully prepared.
- Important deadlines and the need to submit all required documents completely and correctly.
Opportunities and integration:
- Permission to work during training and access to integration services.
- Possibility of a 2-year residence permit after successful completion of training in accordance with § 19d AufenthG, which can lead to a permanent Settlement permit
Future developments
Possible future developments could include the following changes:
- Extensions to the law: Further adjustments and extensions could be made to facilitate access to training and work for people obliged to leave the country and to offer even more integration opportunities.
- Adjustments to the labor market: Legal changes could respond more strongly to the current shortage of skilled workers and introduce special regulations for certain sectors.
- Simplification of the application process: The application process could be further simplified and digitized in order to facilitate access to legal residence permits and shorten processing times.
FAQ - The most important questions and answers on Sec. 16g AufenthG
§ Section 16g AufenthG is a new Residence permit that was created as part of the new Skilled Immigration Act and has been in force since March 1, 2024. It offers tolerated persons according to 60a and 60c AufenthG the opportunity to switch to a legal Residence permit in the context of qualified vocational training.
Section 16g AufenthG came into force on March 1, 2024.
Section 16g AufenthG covers qualified vocational training in accordance with Section 2 (12a) AufenthG as well as subsequent assistant or helper training in state-recognized or comparably regulated training occupations.
Possession of a Tolerance permit in accordance with § 60a or § 60c AufenthG.
Start qualified vocational training after state recognition (Section 2 (12a) AufenthG) or subsequent assistant or helper training.
Clear clarification of identity.
No grounds for exclusion pursuant to Section 60a (6) AufenthG.
In Germany, citizens of all countries can in principle have dual citizenship as long as the laws of their home country also allow it. The new law from 2024 will make it easier for naturalization applicants to retain their original citizenship, which previously often meant that only citizens of certain countries (based on bilateral agreements or exemptions) could retain their original citizenship.
The residence permit in accordance with Section 16g AufenthG provides a legal Residence permit during training, while the training toleration (Section 60c AufenthG) merely suspends deportation but does not constitute a legal Residence permit .
After successfully completing your training, you will receive a 2-year residence permit in accordance with § 19d AufenthG. If you meet all the requirements after five years of legal residence (including the period under § 16g), you can apply for a Settlement permit .
