Ruling from BW: No work permit required for nursing training
In a recent case, the VGH Baden-Württemberg ruled that people with a Tolerance permit do not require a work permit for certain care training courses.
The judges made it clear: this training is school-based training, not company-based work. It is therefore not covered by the employment ban under the Residence Act:
This means that school education is also possible with a work ban.
Even if the practical assignments take place in the nursing home and a practical contract exists, they are considered part of the school-based training. They do not require a work permit. The decisive factor is that the practical work is closely linked to the lessons and is organized by the school.
In this particular case, a 38-year-old refugee from West Africa who lives in Germany with a Tolerance permit had filed a complaint. She was unable to start her training as a care assistant due to a work ban. However, the court ruled that she did not need a permit - which meant that the lawsuit failed in formal terms, but was successful in substance. The nursing home in question then informed the court that the woman could now begin her practical training.
Significance for the care sector and tolerated persons
According to dpa, the Plan.B advice center for refugees in Tübingen considers the decision to be important for the whole of Germany. Many care facilities and authorities had previously assumed that tolerated trainees required a work permit. Such clauses can often be found in training contracts.
The ruling makes it clear that no permit is required if training is organized by a school - even if there is a work ban or a Tolerance permit in accordance with Section 60b AufenthGTolerance permit for persons with an unclear identity).
NRW also confirms: Nursing training is school-based
The same applies in North Rhine-Westphalia. Here, the Ministry for Children, Youth, Family, Equality, Refugees and Integration (MKJFGFI NRW) confirmed in September 2025 that nursing training is classed as school-based training. This also includes training to become a nurse. It comprises 2,500 practical hours and 2,100 theory units and is paid.
This means that people in North Rhine-Westphalia with a Tolerance permit, a residence permit or a work ban can also start such training. Approval from the Federal Employment Agency or a separate work permit is not required.
Does the regulation apply throughout Germany?
In Germany, the basic rule is that school-based training (regardless of the profession) does not require a work permit. The only decisive factor is how the training is organized in the respective federal state.
According to German residence law:
- Company training = work permit required
- School education = no work permit required
The only differences are in individual care training courses, which can be more company-based in some federal states. An employment permit is required there - if the training is not organized at a school.
In Baden-Württemberg and North Rhine-Westphalia, however, this issue has been clearly clarified: training courses for nursing assistants and nursing staff are considered to be school-based. This means that they are accessible to people with a Tolerance permit or residence permit, even without an employment permit.
Which residence permits are subject to a work ban?
The following applies before the law:
Residence permit (asylum procedure)
People in the ongoing asylum procedure receive a residence permit (§ 55 AsylG). This is not a legal Residence permit. In the case of a residence permit, several possible work bans apply:
- Work is prohibited during the first 6 months of residence: During this period, gainful employment is generally prohibited. Only after this period can the Foreigners' office issue a work permit.
- Ban on working if you come from a "safe country of origin": If you come from a safe country of origin (e.g. Balkan countries, Georgia, Ghana, Senegal) and have applied for asylum after August 31, 2015, you will be banned from working for the entire duration of the asylum procedure.
- Prohibition of work during compulsory accommodation in the initial reception center: As long as asylum seekers are obliged to live in an initial reception center (usually 6 months, in certain cases up to 9 months), they are also not allowed to work.
Tolerance permit according to § 60a AufenthG
A Tolerance permit is also not a legal Residence permit, but a temporary suspension of deportation. Work bans can be issued here, but are not automatically included. They apply in particular in the following cases:
- Unclarified identity: If the person does not have a passport and does not cooperate sufficiently in the Clarification of identity , the Foreigners' office must impose a work ban.
- Failure to cooperate in obtaining a passport or leaving the country: As soon as the impression arises that the person concerned is deliberately preventing deportation, a work ban is often imposed.
- Origin from a safe country of origin after a rejected asylum application: Persons from safe countries of origin generally receive a Tolerance permit with a mandatory work ban after their asylum procedure has been completed. This applies regardless of whether their identity has been clarified or not.
Tolerance permit according to § 60b AufenthG
This Tolerance permit applies exclusively to persons whose identity or nationality has not been clarified and who do not fulfill their obligations to cooperate. This means that
- Mandatory work ban
- The ban applies until the identity is fully clarified or sufficient cooperation is proven
- However, this also applies here: School education is not affected.
§ Section 16b AufenthG & Section 16f AufenthG - Residence for study or language courses
The following applies to these stays:
- § Section 16f AufenthG: generally prohibited from working, only a few exceptions (e.g. vacation jobs).
- § Section 16b AufenthG: Limited employment is permitted during preparation for studies and during actual studies (120/240 rule).
Conclusion: What people with a Tolerance permit should know now
The consequences for people with a Tolerance permit or residence permit are as follows:
- It is generally possible to apply for or start school-based training - even if you are banned from working.
- Immigration authorities, schools and practical training centers are not allowed to demand a work permit because this is only required for in-company training. There is no permit procedure for school-based training.
- Contractual clauses that require a "suitable work permit" are legally irrelevant in such cases because the training is automatically permit-free.
- If institutions or authorities still block admission, those affected can refer to the VGH ruling, the NRW Ministry letter and other court decisions.
