Tolerance
A tolerated stay permit is not a residence permit, but a certificate of temporary suspension of deportation. For many people who are unable to obtain a residence permit, it is nevertheless the only way to remain in Germany temporarily.
When is there a right to toleration?
You are entitled to tolerated stay if it is not possible to leave the country for legal or factual reasons, for example:
- There are no flight connections to the home country.
- The passport required for deportation is not available to the immigration authorities.
- Deportation would be life-threatening for health reasons.
- You have started training in a recognized training occupation(Ausbildungsduldung).
How long is a tolerated stay valid?
In principle, a humanitarian residence permit should be issued after a maximum toleration period of 18 months. In practice, however, the tolerated stay is often extended for several years – often on the grounds that the obstacle to leaving the country is self-inflicted, for example because the person did not cooperate in obtaining a passport.
Employment during the period of toleration
In principle, you can be permitted to take up employment with a tolerated stay permit. However, this does not apply if the obstacle to leaving the country is considered to be self-inflicted. In these cases, there is an almost unlimited ban on working.
Tolerance revoked – what to do?
If a tolerated stay permit is not granted or extended and a border crossing certificate is issued instead, deportation may be imminent. In this case, you should seek advice from an advice center or a lawyer immediately – whether legal protection in administrative court is still possible depends on the individual case.
Note on our advice
Tolerance is a marginal area of our practice. We only accept mandates in this area to a limited extent. If you would like an initial assessment, please use our contact form – we usually reply within one working day and tell you openly whether we can help.
