The tolerated training permit

The Integration Act of 6 August 2016 provides for a new regulation of Section 60a subsection 2 sentence 4 et seq. of the German Residence Act (AufenthG) concerning the tolerated training permit. The following is a summary of the main new regulations of the decree of the Land of Saxony-Anhalt (dated 26 February 2021) with regard to the tolerated training permit.

The regulations on the tolerated training permit aim to create legal certainty for tolerated persons and companies planning to provide qualified vocational training (according to Section 6 subsection 1 sentence 2 of the German Employment Regulations (BeschV)). Clarity is provided on the conditions of toleration for training purposes for both parties. This can help reduce uncertainties before commencing the training (barriers to hiring) and increase the training rate.

People with tolerated status (except in the Dublin transfer procedure) and people in training whose residence permit changes to a tolerated status due to a rejection of the asylum application benefit

• from the possibility to apply for a tolerated status for training
• (follow-up permit for employment required).

The tolerated training permit is valid for the entire duration of the training (Section 60a paragraph 2 sentence 5 AufenthG). In addition, the following stipulations apply:

• The tolerated training permit does not provide the option for shortening or the formulation of cancellation conditions and only expires in the event of intentional criminal offences, premature termination of the training or failure to commence (non-pursuance) of the training by the trainee.

• For the lead time, discretionary toleration (Section 60a subsection 2 sentence 3 AufenthG) is possible in principle, e.g. for training preparation measures or a maximum period of six months as a temporal bridge from the time the contract is concluded to the start of training, provided that no specific measures to terminate the residence (such as the delivery of a letter for deportation) have been initiated at this time.

• In the event of the discontinuation or change of training, a one-time six-month temporary suspension of deportation is provided for in order to find a new training place or job (section 60a subsection 2 sentence 10 AufenthG). After a change, the tolerated training permit is once again valid for the entire training period.

• Following successful completion of the training, an extension of the toleration for the purpose of seeking employment is granted for six months (section 60a subsection 2 sentence 11 AufenthG) and a residence permit for qualified tolerated persons for the purpose of employment (according to section 18a AufenthG) can be issued under certain conditions.

• Upon termination of the training, the training company or the vocational college ("training place") is obliged to notify the Foreigners' Authority in writing within one week! If this deadline is not met, a sanction may be imposed.

A permit for employment is imperative in any case and must also be available for preparatory measures. The following notices apply to the employment permit:

• The application for a tolerated training permit is at the same time the application for the granting of the required employment permit (Section 4 subsection 2 sentence 3 AufenthG).

• Approval from the Federal Employment Agency is not required for the training.

• If there is no reason for exclusion (Section 60a subsection 6 AufenthG), an employment permit should generally be granted. Despite this, there is a limited discretion for granting it, as stated in the "Application Instructions of the Federal Ministry of the Interior (BMI)" (see page 11 here).

• For people coming from "safe countries of origin" (according to section 60a subsection 6 sentence 1 no. 3 AufenthG), the date of the formal asylum application is decisive (Section 14 AsylG). If this is after the cut-off date of 31 August 2015, no employment permit can be issued and therefore there is no access to the training toleration permit for these people.

A training toleration permit will not be granted if concrete measures for the termination of the residence are already imminent at the time of application. This is the case, for instance,

• if a deportation is in fact possible and this is being specifically prepared (scheduling) or a Dublin transfer procedure is ongoing or

• if a passport (replacement) document has been applied for and the termination of residence is foreseeable.

• However, the termination of residence is not foreseeable if there are indications that an application for a substitute passport will not be processed at all by the authorities of the country of origin.

• If the Foreigners' Authority only initiates concrete deportation measures after an application for a training toleration permit, these do not prevent the issuance of the toleration permit.

In addition to the regulations described, the following instructions must also be observed:

• The application for a training toleration permit must be submitted by the beneficiary (the tolerated person) him/herself.

• In addition to the employment permit, the entry of the training contract in the register of vocational training relationships or the "Geprüft” (checked) stamp (e.g. of the chamber) is a prerequisite for the granting of a toleration permit.

• In principle, no toleration permit for further family members will be issued on the basis of a training toleration permit for the trainee (exception at discretion Section 60a subsection 2 sentence 3 AufenthG).

• Family reunification is not possible on the basis of the Training Toleration Permit.

• A violation of the duty to cooperate is only a ground for exclusion if it clearly causes the prevention of the measures terminating the residence. More in-depth documents are the "General Application Instructions of the Federal Ministry of the Interior on the Granting of Toleration Permits in Accordance with Section 60a of the AufenthG", Part IV and the decree of the Land of Saxony-Anhalt  "Practical implementation of the right to toleration for educational purposes – Section 60a paragraph 2 sentence 4 AufenthG", which contains details of the provisions and a "step-by-step procedure" for applying.

The Flüchtlingsrat Sachsen-Anhalt e.V. (Refugee Council of Saxony-Anhalt ) explains the tolerated training permit in a video.

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