Apply for tolerated work permit
Service description
A Beschäftigungsduldung is a special form of personal tolerated stay for people who are required to leave the country. You can apply for a Beschäftigungsduldung if you are required to leave the country but are well integrated in Germany and fulfil the other requirements.
The thirty-month employment toleration is not a residence regulation. Your enforceable obligation to leave the country remains in place. Nevertheless, you and your employer are given legal certainty, as the tolerated employment permit protects you from deportation as long as you fulfil the requirements. The tolerated employment permit will be revoked if one of the requirements is no longer met.
A spouse or partner who is required to leave the country and unmarried minor children who are required to leave the country may be granted a tolerated stay for the same period of time.
Once the tolerated employment permit has expired, it can be extended. If the requirements for this are met, the transition to a long-term residence permit can also be considered as an alternative (e.g. residence permit due to sustainable integration in accordance with Section 25b of the Residence Act or residence permit for qualified tolerated persons for the purpose of employment in accordance with Section 19d of the Residence Act).
Procedure
You must apply for a tolerated stay permit at the foreigners authority responsible for your place of residence. You can apply in writing or in person. First of all, find out which procedure is provided for at your foreigners authority. Many authorities also offer online applications.
If you would like to submit the application online:
- The online service guides you through the application process and contains further explanations on the requirements and necessary evidence.
- Once your online application has been received by the Foreigners' Registration Office, you will receive further information on the progress of the procedure (e.g. about the appointment at the Foreigners' Registration Office).
If you would like to submit the application in person:
- If the application can only be made in person, make an appointment at the Foreigners' Registration Office.
Your identity and documents will be checked during the appointment at the immigration office, which is why you should have the originals of your documents with you. If necessary, the foreigners authority will request any missing information or documents.
If your application is approved, you may receive the tolerated employment permit at the appointment. You must sign this in person. If your application is rejected, you will receive a notice of rejection.
Who should I contact?
Immigration office
Prerequisites
- You entered Germany before 31 December 2022.
- You have been in Germany for at least twelve months without interruption with a tolerated stay permit.
- Your identity and the identity of your spouse or partner have been fully clarified or you have demonstrably done everything reasonable to obtain a valid passport or passport substitute.
- You have been in employment subject to social insurance contributions for at least twelve months with regular working hours of at least 20 hours per week. You do not necessarily have to have been employed by the same employer for twelve months. Short-term interruptions for which you are not responsible are not taken into account.
- You were able to secure your own livelihood in the last twelve months through your employment and were not dependent on social benefits. Short-term interruptions for which you are not responsible can be disregarded.
- You can continue to earn a living independently through your employment.
- You have sufficient oral knowledge of German (this corresponds to at least level A 2 of the Common European Framework of Reference for Languages).
- You and your spouse/partner have not committed any serious, intentional criminal offences in Germany and have not been sentenced to more than one year's imprisonment.
- You and your spouse/life partner have no links to extremist or terrorist organisations and do not support them.
- There is no deportation order and no deportation order against you.
- The children of school age living with you in the same household attend school.
- The children living with you in a family relationship have not yet been convicted of one or more intentional criminal offences to a prison sentence of at least six months or a juvenile sentence of at least one year and the execution of the juvenile sentence has not been suspended on probation. Similarly, there must be no conviction for an intentional offence against Section 29(1)(1) of the Narcotics Act.
- Your stay will not impair or jeopardise the interests of the Federal Republic of Germany.
- You have successfully participated in an integration course (if you were obliged to do so by the Foreigners' Registration Office and a place on the course was actually available).
The documents and information must always be submitted in German. In individual cases, the immigration office may request further evidence.
Please note: The employment permit will be revoked if any of the requirements are no longer met.Which documents are required?
- Recognised and valid identity document (e.g. passport, passport substitute, identity card)
- Current residence document (Duldung)
- Current biometric passport-sized photograph (45 x 35 mm) - Please note: Since 1 May 2025, biometric passport photographs may only be taken digitally at government offices or certified photo studios and transmitted to the immigration authorities via a secure electronic channel. Paper-based passport photographs are no longer permitted.
- Proof of twelve months of employment subject to social security contributions (proof of income for the last twelve months)
- Proof of livelihood
- For employees: Employment contract, current certificate of employment (not older than 14 days), current pension insurance history
- For self-employed persons: tax assessment notice, business analysis, extract from the commercial register
- If you also receive social benefits: current notifications (e.g. BAföG benefits, child or parental allowance)
- Proof of the rent amount
- Proof of the required language skills (language certificate)
- Proof of participation in the integration course, if there was an obligation to participate and a course place was actually available
- For families with school-age children: Proof of actual school attendance (school certificate, school reports)
The evidence must always be submitted in German. An official translation may be required for non-German documents.
In individual cases, the immigration office may request less or more evidence.
Please submit your documents to the authorities in full and on time. Documents submitted late may result in longer processing times.
What fees are incurred?
The fee for the issuance of an employment authorisation is:
- 58.00 Euro for the exhibition as an adhesive label
- 62.00 Euro for the issue as a paper document
Remarks:
- The amount of the fee depends on the form in which the temporary work permit is issued (as an adhesive label or on a paper form).
- The fee is also due if your application is cancelled or rejected.
- Under certain conditions, a fee reduction or fee exemption may be possible (e.g. for Turkish nationals).
What deadlines do I have to observe?
Application deadline
There is no deadline for submitting applications. However, due to the potentially increased workload at the immigration office, it is advisable to submit your application to the immigration office as soon as the requirements are met.
Period of validity:
The employment permit is usually granted for 30 months. However, the period of validity may vary depending on individual circumstances (for example, if an employment contract with a shorter duration is presented).
The employment permit can be extended. The extension should be applied for at the Foreigners' Registration Office in good time before the expiry date. If the requirements are met, you can apply for a residence permit following the employment permit.
Processing time
The processing time depends on the current capacity utilisation of the Foreigners' Registration Office. As the "Beschäftigungsduldung" is issued at the Foreigners' Registration Office, it can generally be issued during the interview appointment.
Legal basis
Legal remedy
- Appeal against the decision of the immigration authority within one month of notification.
- Action before the court named in the notice of objection if the objection is not upheld.
What else should I know?
- The "Beschäftigungsduldung" is not a residence permit. This means that you are still obliged to leave the country even if you have a tolerated stay permit.
- Travelling abroad is not possible with the "Beschäftigungsduldung".
- There are no qualification requirements for the employment subject to social insurance contributions.
- If the employment relationship ends, you and your employer are obliged to inform the responsible immigration authority within two weeks. Failure to comply with this notification obligation is punishable by a fine.
- If you are under investigation on suspicion of a criminal offence, the decision on the granting or extension of the tolerated employment permit will be suspended until the conclusion of the proceedings or, in the case of a court decision, until it becomes final, unless a decision on the tolerated employment permit can be made regardless of the outcome of the proceedings.
- You can now apply for a tolerated stay permit online and in various languages at many immigration authorities. The procedure at the foreigners authority is carried out in German.
- All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that your request can be processed without major delays.
- Incorrect or incomplete information can slow down the procedure and be to your disadvantage. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authorities can result in the cancellation of previously issued tolerated stay permits, a fine, a prison sentence of up to three years or expulsion from the federal territory.
- Due to the complexity of residence law, this description is for information purposes only and is not legally binding.
Further information
- Application notes of the Federal Ministry of the Interior, Building and Community on the Act on Toleration during Training and Employment (Federal Law Gazette I 2019, p. 1021)
- Information service Neue deutsche Medienmacher*innen e.V. (handbookgermany.de)
- Website of the BMI with frequently asked questions on the topic: Right of residence
Short text
- Employment toleration is a special form of toleration for persons who are required to leave the country, are well integrated in Germany and secure their livelihood through employment
- Employment toleration protects against deportation as long as conditions are met.
- An application must be submitted and requirements must be met.
- The tolerated employment permit will be revoked if one of the requirements is no longer met.
- For spouses or partners obliged to leave the country and unmarried minors obliged to leave the country, the tolerated stay can be granted for the same period of time.
- Once the tolerated stay for employment expires, it is possible to transfer to a long-term residence permit (e.g. residence permit due to sustainable integration in accordance with Section 25b of the Residence Act or residence permit for qualified tolerated persons for the purpose of employment in accordance with Section 19d of the Residence Act).
Author
Ministry of the Interior and Municipal Affairs of the State of Brandenburg, Department 21
Typing
2/3b