Applying for an employment permit for persons with toleration Unfortunately this specification of service has not yet been completely translated.

If you are in possession of a toleration, want to work and have already found an employer who wants to hire you, you can apply for an employment permit.

If you are tolerated in Germany, you are only allowed to work if this is expressly stated in your toleration (certificate of suspension of deportation). If you want to work, you must therefore apply for an employment permit at the Foreigners' Registration Office. This also applies to the exercise of in-company vocational training or an internship.

An employment permit can be issued to you if you have been allowed, tolerated or stayed in Germany for three months with a residence permit and you have found an employer who wants to hire you.

Tolerated persons who are obliged to live in a reception centre only have access to the labour market after six months.

To process your application, the Foreigners' Registration Office usually involves the Federal Employment Agency, which checks the working conditions. After an uninterrupted stay in Germany for more than four years, the Federal Employment Agency no longer has to be involved.

If you would like to complete in-company vocational training (dual training), the employment permit for the specific training place must be applied for individually. School-based vocational training is subject to approval.

The employment permit will be issued for the duration of your current toleration at the latest. This can be extended accordingly if the conditions are met when the toleration is extended.

The pursuit of an economic activity is prohibited in principle if:

  • you have gone to Germany in order to obtain benefits under the Asylum Seekers Benefits Act,
  • Your termination of residence cannot be carried out for reasons for which you are responsible or you have violated your obligations to cooperate in removing the obstacle to deportation (for example, insufficient cooperation in obtaining a passport or obtaining proof of identity, deception about identity or nationality),
  • the toleration has been granted with the addition "Toleration for persons with unexplained identity", or

You are from a so-called "safe country of origin", i.e. from a Member State of the European Union, Albania, Bosnia and Herzegovina, Ghana, Kosovo, the former Yugoslav Republic of Macedonia (North Macedonia), Montenegro, Senegal or Serbia, and have submitted an asylum application after 31 August 2015 that has been rejected or withdrawn, unless the withdrawal has taken place on the basis of advice from the Federal Office for Migration and Refugees. Even without an asylum application, people from safe countries of origin cannot obtain an employment permit.

  • Valid certificate of suspension of deportation (toleration)
  • Identity document (e.g. passport or passport replacement), if available
  • Declaration of employment (to be completed in full by the employer)

In individual cases, the Foreigners' Registration Office may require less or more evidence.

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance required: Yes

Preconditions

  • They are in possession of a valid toleration and have been staying in Germany for at least three months.
  • If you are obliged to live in a reception centre, you have been staying in Germany for at least six months.
  • They do not come from a safe country of origin.
  • An employer has offered you a specific job and filled out the form "Declaration of employment".
  • The conditions under which you will work in the future are comparable to those of German employees.
  • Their wages correspond to the wages of German employees.

Hints

  • The certificate of suspension of deportation (toleration) is not a residence permit. It is issued if a foreigner is obliged to leave the country, but his deportation is impossible for factual or legal reasons, or if urgent humanitarian or personal reasons or significant public interests require a temporary continued presence of the foreigner in the Federal territory. The residence of the foreigner is therefore not legal, only the enforcement of the obligation to leave the country is temporarily out of the question.
  • The employment permit may be withdrawn if the foreigner is employed under less favourable working conditions than comparable domestic workers.

Related Links

  • § 4a paragraph 4 Residence Act (AufenthG)
  • § 60a paragraph 6 Residence Act (AufenthG)
  • § 42 paragraph 2 no. 4 Residence Act (AufenthG)
  • § 32 Employment Ordinance (BeschV)
  • § 61 paragraph 1 sentence 2 half sentence 2 Asylum Act (AsylG)
  • Find out whether your immigration office makes it possible to apply online or provides a special application form.
  • If the application is only possible in person, please send the form "Declaration of Employment" completed in full by your employer to the Foreigners' Registration Office in advance and make an appointment at the Foreigners' Registration Office. In the case of online applications, the Foreigners' Registration Office will contact you after receipt of your application to make an appointment.
  • During the appointment, your identity and your documents will be checked (please bring your documents, if possible in the original, to the appointment).
  • As a rule, the Foreigners' Registration Office will ask the Federal Employment Agency for approval.
  • If the employment permit is issued, a corresponding entry is usually made on the Duldung (under "Ancillary provisions") or in an additional sheet.

Responsible for the content
Lower Saxony Ministry of the Interior and Sport

Last update or date of publication
23.03.2022