What is the "Beschäftigungsduldung"?
If you are threatened with deportation, a Tolerance permit This is temporarily suspended and you can stay in Germany for this period. However,Tolerance permit is not Residence permit and will not be taken into account later, for example when your period of residence is calculated for Naturalization .
The "Beschäftigungsduldung" according to § 60d AufenthG allows you and your family to stay in Germany as long as you are working. As a tolerated person, you will generally receive a work permit after 3 months in accordance with § 61 Para. 1 S 2 AsylG. If you live in a reception center, this is possible after 6 months.
After you have worked for 12 months for at least 20 hours per week subject to social security contributions and meet other requirements, you can apply for tolerated employment.
Employment toleration: What conditions apply?
If, as already mentioned, you have worked for at least 12 months, subject to social security contributions, with regular working hours of at least 20 hours per week, you are generally entitled to a tolerated employment permit in accordance with § 60d AufenthG. However, you must also meet all of the following requirements:
- Clarification of identity by means of a valid identity document such as an identity card or passport.
- Entry into Germany by 31.12.2022 at the latest.
- Tolerated for at least 12 months.
- Securing a livelihood through employment in a domestic company up to 12 months before applying for tolerated employment.
- German language skills at A2 level.
- Exemption from punishment: You and your partner must not have been convicted of a criminal offense and must not have any contact with terrorist or extremist organizations.
Take a look at the collected requirements in our checklist - handy to print out.
If you are required to do so as the holder of a Tolerance permit in accordance with Section 60a (2) sentence 3 AufenthG, you must also attend an integration course. If you drop out of this course, you must prove that this is not your fault.
The following countries of origin are excluded from tolerated employment: Albania, Kosovo, Montenegro, Macedonia, Bosnia-Herzegovina, Georgia, Moldova, Ghana, Senegal and Serbia.
If you change your employment, you will not lose your Tolerance permit in accordance with § 60d AufenthG. Even if you are unemployed for a short time, you will retain your tolerated employment status. It is important that you find and start a new job within 3 months.
5 steps to a tolerated employment permit
Now you know what requirements you have to fulfill in order to obtain the tolerated employment permit. But what do you have to do to get it? The following graphic shows which steps are necessary.
The first issue of a Tolerance permit costs €62. An extension then only costs €37. If you change from another Tolerance permit to the Beschäftigungsduldung, this costs €37. As soon as you have received the Beschäftigungsduldung, it is valid for 30 months. After that, you can extend it as long as you are in employment. Or you can switch to a residence permit:
From tolerated work permit to residence permit
After the tolerated stay permit, you have the option of changing to a residence permit. Each of the possible Residence permit has different requirements that you must fulfill:
- § Section 19d AufenthG for qualified tolerated persons
- § Section 25a AufenthG for young people and adults
- § Section 25b AufenthG for sustainable integration
- § Section 104c AufenthG, the right of residence by opportunity
- § Section 16g AufenthG, for vocational training for tolerated persons
Make sure you apply for Residence permit before your tolerated employment status expires. This is because if your tolerated employment status expires after 30 months and you have not yet applied for a residence permit, you will revert to tolerated status without tolerated employment.
The "Beschäftigungsduldung" can also be revoked if you no longer meet the requirements. This means that if you lose your job, are convicted of a criminal offense, a deportation order has been issued in accordance with § 58a AufenthG or you pose a terrorist threat, you will lose your tolerated employment permit.
Employment toleration with family
If you have a family, there is a welcome special feature of the employment tolerance: this Tolerance permit is automatically granted to family members as well. This gives your entire family better planning options. If you later switch to a residence permit, this will also apply to your spouse or partner and your children.
Your minor children who live with you must be able to prove that they attend school and must not have been sentenced to imprisonment for more than 6 months or juvenile sentences of more than 1 year in accordance with § 54 Para. 2 No. 1 and 2 AufenthG.
Current: Employment toleration 2024
On February 27, 2024, changes to employment toleration came into force. These changes include:
- Residence permit: After the employment toleration, more Residence permit can now be applied for, namely §§ 16g, 19d, 25a, 25b, 104c AufenthG.
- Working hours: Since February, only 20 hours of work per week have been required instead of the previous 35 hours.
Get the tolerated employment permit
Employment toleration offers those affected several advantages compared to other toleration permits. These include a longer period of validity, the possibility of applying the Tolerance permit to life partners and children and gainful employment. Employment toleration therefore offers many people more planning security and creates the possibility of a longer stay in Germany.
FAQ - frequently asked questions about tolerated employment
The law on tolerated employment can be found in § 60d AufenthG. The most important requirements for obtaining this are that you have had a Tolerance permit for 12 months and that you work at least 20 hours per week and are subject to social security contributions.
The first application for Tolerance permit costs €62 per adult. If you or your partner change to or extend your employment toleration, the costs fall to €37 per person. Your children each pay half.
No, as with other tolerated stay permits, you cannot travel with a tolerated stay permit. However, you are allowed to move freely within the federal territory, but not outside Germany.
No, family reunification is not possible with the "Beschäftigungsduldung", as with other tolerated stay permits. However, if your family is already in Germany, your spouse and children will automatically receive the "Beschäftigungsduldung" along with you.
