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Procedure descriptions

Applying for an employment permit for persons with tolerated status

If you are a tolerated resident in Germany, you are only permitted to work if this is expressly stated in your toleration permit (certificate of suspension of deportation). If you wish to work, you must therefore apply for an employment permit from the Foreigners' Registration Office.

If the foreigners authority had authorised employment during the asylum procedure, the foreigners authority must make a new decision on the employment permit after the enforceable rejection of the asylum application.

In this case, the foreigners authority should authorise tolerated persons to work (including training) if there are no grounds for refusal. The authorisation of employment is noted in the tolerated stay permit.

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

In order to process your application, the foreigners authority usually involves the Federal Employment Agency, which checks the working conditions. After more than four years of uninterrupted residence in Germany, the Federal Employment Agency no longer needs to be involved.

If you would like to complete an in-company vocational training programme (dual training), you must apply individually for an employment permit for the specific training position. School-based vocational training does not require authorisation.

The employment permit will be issued for the maximum duration of your current tolerated stay permit. If the requirements are met, this can be extended accordingly when the tolerated stay is renewed.

The pursuit of gainful employment is generally prohibited if

  • You have travelled to Germany in order to obtain benefits under the Asylum Seekers' Benefits Act,
  • Your residence cannot be terminated for reasons for which you are responsible or you have violated your duty to co-operate in removing the obstacle to deportation (e.g. insufficient co-operation in obtaining a passport or proof of identity, deception about identity or nationality),
  • the tolerated stay was issued with the addition "tolerated stay for persons with unclear identity".

If you are from a so-called "safe country of origin", i.e. 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 application for asylum after 31 August 2015 that was rejected or withdrawn, unless the withdrawal was based on a consultation with the Federal Office for Migration and Refugees, you cannot obtain a work permit. This also applies if you come from Georgia or the Republic of Moldova and have applied for asylum after 30 August 2023. Even without an asylum application, people from safe countries of origin cannot obtain an employment permit.

Responsible authority

Send your application for a work permit to the foreigners authority in whose district you usually reside. The foreigners authority is, if you

  • live in an urban district or a large district town: the municipal administration
  • if you live in a town or municipality belonging to a district: the district office

This authority will forward your application to the Regierungspräsidium Karlsruhe, which is responsible for deciding whether to issue a work permit.

Details

Prerequisite

  • You are in possession of a valid tolerated stay permit and have been in Germany for at least three months.
  • If you are obliged to live in a reception centre, you have been in Germany for at least six months.
  • Although you come from a safe country of origin, you submitted your asylum application before 31 August 2015 or 30. August 2023 respectively.
  • An employer has offered you a specific job and completed the "Declaration of employment" form.
  • The conditions under which you will work in the future are comparable to those of German employees.
  • Your salary corresponds to the salary of German employees.

Procedure

  • Find out whether your foreigners authority allows you to apply online or has a special application form.
  • If the application can only be submitted in person, send the "Declaration of employment" form completed by your employer to the immigration office in advance and make an appointment at the immigration office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
  • During the appointment, your identity and documents will be checked (please bring your documents to the appointment, preferably in the original).
  • As a rule, the foreigners authority will ask the Federal Employment Agency for approval.
  • The authorisation for employment will be noted in the tolerated stay permit.

Deadlines

There is no application deadline. However, it is recommended that you apply for an employment permit before concluding an employment contract.

Required documents

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

In individual cases, the foreigners authority may require less or further proof.

Costs

None

Miscellaneous

  • The certificate of suspension of deportation (Duldung) is not a residence permit. It is issued if a foreigner is obliged to leave the country but cannot be deported for factual or legal reasons, or if urgent humanitarian or personal reasons or significant public interests require the foreigner's temporary continued presence in the federal territory. The foreigner's stay is therefore not legal, but the enforcement of the obligation to leave the country is temporarily out of the question.
  • The employment permit can be withdrawn if the foreigner is employed under less favourable working conditions than comparable domestic employees.

Legal basis

Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet (Aufenthaltsgesetz - AufenthG):

  • § 4a Zugang zur Erwerbstätigkeit
  • § 42 Verordnungsermächtigung und Weisungsrecht
  • § 60a Vorübergehende Ausstezung der Abschiebung (Duldung)

Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (Beschäftigungsverordnung - BeschV):

  • § 32 Beschäftigung von Personen mit Duldung oder Aufenthaltsgestattung

Asylgesetz (AsylG):

  • § 61 Erwerbstätigkeit

Release note

Machine generated, based on the German release by: Justizministerium Baden-Württemberg, 09.03.2026

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