Temporary Residence Permit for Vocational Training

The Integration Act of August 6, 2016, provides for a revision of Section 60a(2), sentence 4 et seq., of the Residence Act (AufenthG) regarding temporary residence permits for vocational training. The following is a summary of the key amendments contained in the decree issued by the State of Saxony-Anhalt (dated February 26, 2021) regarding temporary residence permits for vocational training.

The regulations governing temporary residence permits for vocational training are intended to provide legal certainty for individuals with temporary residence permits and companies planning to offer qualified vocational training (pursuant to Section 6(1), second sentence, of the Vocational Training Ordinance). This provides clarity for both parties regarding the conditions for a temporary residence permit for vocational training purposes. As a result, uncertainties prior to the start of training (barriers to hiring) can be reduced, and the training participation rate can be increased.

The following individuals are eligible to apply for a training-based temporary residence permit:

• people with temporary stay status (except in the Dublin transfer procedure) and
• people in vocational training whose temporary residence permit is converted to a temporary stay permit following a rejection of their asylum application (a follow-up permit for employment is required).

The training permit is valid for the entire duration of the training (Section 60a(2), sentence 5, of the Residence Act). In addition, the following provisions apply:

• The training-based temporary residence permit does not allow for shortening the duration or the establishment of conditions for revocation, and it expires only in the event of intentional criminal offenses, premature termination of the training, or failure by the trainee to commence (or continue) the training.

• For the lead-up period, a discretionary residence permit (§ 60a (2), sentence 3, AufenthG) is generally possible, e.g., for preparatory measures for vocational training or for a maximum of six months to bridge the period from the time the contract is signed until the start of training, provided that no concrete measures to terminate residence (such as the service of a deportation notice) have been initiated at that time.

• If the training is discontinued or changed, a one-time six-month period of temporary residence is provided to search for a new training position or job (Section 60a(2), sentence 10, of the Residence Act). Even after a change, the temporary residence permit for training applies again for the entire duration of the training.

• Upon successful completion, a six-month extension of the temporary stay permit for the purpose of seeking employment (Section 60a(2), sentence 11, of the Residence Act), and under certain conditions, a residence permit for qualified individuals with temporary toleration status for the purpose of employment (pursuant to Section 18a of the Residence Act) may be granted.

• Upon completion of the training, the training company or vocational school (“training institution”) is required to notify the Foreigners’ Registration Office in writing within one week! Failure to meet this deadline may result in a penalty.

A work permit is absolutely required in all cases and must also be obtained for preparatory measures. The following guidelines apply to the work permit:

• The application for a training permit also serves as the application for the required work permit (Section 4(2), third sentence, of the Residence Act).

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

• If there are no grounds for exclusion (Section 60a(6) of the Residence Act), a work permit should generally be granted. Nevertheless, there is a limited discretion in granting the permit, as outlined in the “Application Guidelines of the Federal Ministry of the Interior (BMI)” (see p. 11).

• For individuals coming from “safe countries of origin” (pursuant to Section 60a(6), first sentence, No. 3 of the Residence Act), the date of the formal asylum application is decisive (Section 14 of the Asylum Act). If this date falls after the cutoff date of August 31, 2015, a work permit cannot be granted, and thus these individuals are also ineligible for a training permit.

A temporary residence permit for vocational training will not be granted if concrete measures to terminate residence are already imminent at the time the application is filed. This is the case, for example,

• when deportation is actually possible and concrete preparations for it are underway (scheduling), or when a Dublin transfer procedure is in progress, or

• if an application for a passport or passport substitute has been filed and the termination of residence is therefore foreseeable.

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

• If the Foreigners’ Registration Office initiates concrete deportation measures only after an application for a temporary residence permit for educational purposes has been filed, these measures do not preclude the granting of the temporary residence permit.

In addition to the regulations described above, please note the following:

• The application for a training-based temporary residence permit must be submitted by the beneficiary (the person granted temporary residence) personally.

• In addition to the work permit, the entry of the apprenticeship contract in the register of vocational training relationships or the “Verified” stamp (e.g., from the chamber) is a prerequisite for the granting of temporary residence status.

• As a general rule, the granting of a training-based temporary residence permit to the trainee does not result in the issuance of a temporary residence permit for other family members (exceptions may be granted at the discretion of the authorities pursuant to Section 60a(2), sentence 3, of the Residence Act).

• Family reunification is not possible on the basis of a training-based temporary residence permit.

• A violation of the obligation to cooperate constitutes grounds for exclusion only if it clearly results in the prevention of measures to terminate residence. More detailed documents include, on the one hand, the “General Application Guidelines of the Federal Ministry of the Interior on the Granting of Temporary Residence Permits under Section 60a of the Residence Act,” Part IV, and, on the other hand, the decree issued by the State of Saxony-Anhalt “Practical Implementation of Temporary Residence Permission for Training Purposes—Section 60a(2), Sentence 4 of the Residence Act,” which provide details on the requirements and a “step-by-step procedure” for applying.

In a video, the Saxony-Anhalt Refugee Council (e.V.) explains the concept of temporary residence permits for vocational training.

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