On January 1, 2020, the Act on Temporary Employment Permission pursuant to Section 60d of the Residence Act (AufenthG) entered into force.The Act is part of the comprehensive migration package that was passed by the Bundesrat on June 28, 2019. It guarantees foreign nationals whose deportation has been temporarily suspended (so-called “toleration”) a reliable residence status through long-term toleration, under certain conditions and for a specified period, if they are employed. Following a training or employment-based temporary stay permit, a residence permit may be granted under certain conditions.
Individuals who are required to leave the country, as well as their spouses or domestic partners, may in the future, under this law, receive a work-based temporary stay permit for 30 months—and thus secure residence status—if, among other things, the following conditions are met:
- Entry into Germany prior to the effective date of August 1, 2018
- Identity must be established
- Possession of a temporary residence permit for at least 12 months
- Engagement in employment subject to social security contributions for at least 35 hours per week (single parents: 20 hours per week) for at least 18 months
- Ability to support oneself financially
- Sufficient oral proficiency in the German language
- No criminal conviction for an intentional offense committed within the territory of the Federal Republic of Germany (with the exception of offenses that, under the Residence Act or the Asylum Act, can only be committed by foreign nationals)
- No ties to extremist or terrorist organizations
- Generally, successful completion of an integration course if attendance is mandatory
- Children of school age must actually attend school
Unmarried minor children living in a family household with the foreign national also receive a temporary residence permit for the same period. This provision is valid until December 31, 2023; that is, applications may be submitted no later than that date.
You can access the text of the law here.
Additional Information
The Saxony-Anhalt Refugee Council (e.V.) explains the concept of "employment tolerance" in a video.