Applying for an extension of the tolerated employment permit
Service description
If the requirements for the issue of a long-term residence permit have not yet been met after the expiry of the tolerated employment permit (usually after 30 months), you can apply for an extension of the tolerated employment permit. To do so, you must fulfil the same requirements as for the initial issue of the tolerated employment permit.
For the transition from a tolerated employment permit to a permanent residence permit for sustainably integrated persons (Section 25b Residence Act), all requirements that would be necessary for the extension of the tolerated employment permit must also continue to be met. However, the requirements for the residence permit are more stringent than those for the tolerated employment permit, for example, German language skills.
For well-integrated adolescents and young adults who are in possession of a tolerated work permit due to a parent, the granting of a residence permit for well-integrated adolescents and young adults (Section 25a Residence Act) may be considered in individual cases after the expiry of the period of validity.
The requirements for the transition to a long-term residence permit can be found in the corresponding service descriptions for Section 25a, Section 25b or 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
In principle, the same requirements must be met for the extension of the tolerated stay permit as for the initial issue. This means
- You would like to remain in Germany and continue your gainful employment in order to obtain a residence permit in the future.
- 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 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).
Please note: The tolerated employment permit will be revoked if one of the requirements is no longer met.
Which documents are required?
In principle, the same documents must be submitted for the extension of the tolerated employment permit as for the initial issue:
- Recognised and valid identity document (e.g. passport, passport substitute, identity card)
- 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.
- Current tolerated employment
- Proof of continued employment subject to social security contributions (proof of income for the last three months)
- Proof of continued livelihood security
- 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 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:
- 33.00 Euro for the exhibition as an adhesive label
- 37.00 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 extended (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 the application. However, due to the possibly increased workload at the Foreigners' Registration Office, it is advisable to submit your request to the Foreigners' Registration Office in good time before the employment toleration expires.
Period of validity
The period of validity of the "Beschäftigungsduldung" depends on the individual circumstances (e.g. the duration of the employment relationship). A further extension must be applied for at the Foreigners' Registration Office in good time before the expiry date.
If the requirements for this are met, you can apply for a residence permit in accordance with § 19d or § 25b of the Residence Act following the employment toleration.
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
- A tolerated employment permit can be extended at the end of its validity
- The same requirements must be met as for the initial issue.
- For spouses or partners obliged to leave the country and unmarried minors obliged to leave the country, the tolerated stay can be extended for the same period.
- Transition from tolerated employment to a permanent residence permit in accordance with § 25a, § 25b or § 19d of the Residence Act is possible. However, further requirements are necessary for the residence permit.
- For well-integrated adolescents and young adults who are in possession of a tolerated work permit due to one of their parents, a residence permit for well-integrated adolescents and young adults (Section 25a of the Residence Act) may be issued after the expiry of the period of validity.
Author
Ministry of the Interior and Municipal Affairs of the State of Brandenburg, Department 21
Typing
2/3b