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This have been a great concern to Migrants and refugees in Germany. For the past three months we received similar question concerning to this issue “What could be my fate after submitting my national passport to the foreign office in my city, as required for the Ausbildungduldung?”
Well since the beginning of year 2020, the conditions for the “Ausbildungsduldung” are stated in the section 60 c/residence act (§60c AufenthG).
It says in 60 c/residence act (§60c AufenthG) that the “Ausbildungsduldung“ has to be issued legal right, if all requirements are fulfilled. in the case that single elements are not met (mostly referring to the identity proof), the issuing/granting of an Ausbildungduldung will be at the discretion of the “Ausländernbehörde”.
Which requirements do you have to meet to be granted an Ausbildungsduldung?
Recognized vocational training: To be granted an Ausbildungsduldung, you are required to have a training position in an apprenticed profession that is recognized by the state or is comparably regulated. According to the regulations given in § 6 para. 1(2) BeschV (Beschäfti- gungsverordnung [Employment Directive]), the training must be of at least two years duration. This means that specific vocational training that only takes one year (e.g. training to become an assistant nurse or assistant geriatric nurse) is excluded from the Ausbildungsduldung. If you are doing a non-recognised vocational training you can only apply for a discretionary Duldung (Ermessungsduldung) according to § 60a para. 2 (3) AufenthG with your relevant immigration office.
Since the beginning of year 2020, the conditions for the “Ausbildungsduldung” are stated in the section
It says in 60 c/residence act (§60c AufenthG) that the “Ausbildungsduldung“ has to be issued legal right, if all requirements are fulfilled. in the case that single elements are not met mostly referring to the identity proof), the issuing/granting will be at the discretion of the “Ausländerbehorde.
Here you find a very useful brochure on the “Ausbildungsduldung.
- You have to provide documents that prove your identity or conclusively demonstrate why you could not organise such documents. Ideally, you would prove your identity with your passport or a replacement document. Otherwise your birth certificate, ID card, driver’s licence or similar documents can be used to verify your identity. If you do not have a passport, you have to make efforts to acquire one, even if you are using other documents to establish your identity
- Moreover, you can only be granted an Ausbildungsduldung if no specific measures for the termination of your stay have been initiated.
- No criminal offences: To receive the Ausbildungsduldung, you must not have been convicted of an intentional crime in Germany. Financial penalties of up to 50 daily units overall or 90 daily units in the case of crimes under the residence and asylum laws (e.g. illegal entry) will not be considered.