Serviceportal–Baden-Württemberg
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Procedure descriptions
Apply for tolerated work permit
If you are a person obliged to leave the country and are able to support yourself through sustainable employment and are well integrated in Germany, you are entitled to be granted a tolerated stay for employment under certain conditions. A tolerated stay permit is a special form of tolerated stay permit that you can receive if
- you entered the federal territory by 31 December 2022 and
- you fulfil the other requirements of § 60b paragraph 1 numbers 1 to 11.
The tolerated employment permit is usually issued for 30 months. This gives you and your employer legal certainty, as the tolerated employment permit protects you from deportation as long as you fulfil the requirements. The "Beschäftigungsduldung" will be revoked if one of the requirements is no longer met.
A spouse or partner who is required to leave the country and unmarried children who are required to leave the country can be granted tolerated status for the same period of time, provided that the relevant requirements are met.
Once the tolerated stay permit has expired, it can be extended. If the requirements for this are met, the transition to a long-term residence permit can also be considered as an alternative (e.g. residence permit due to sustainable integration in accordance with Section 25b of the Residence Act (AufenthG) or residence permit for qualified tolerated persons for the purpose of employment in accordance with Section 19d AufenthG).
Responsible authority
You should submit your application for a tolerated stay permit to the foreigners authority in whose district you usually reside. The foreigners authority is, if you
- live in an urban district or in 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 Karlsruhe Regional Council, which is responsible for issuing the "Beschäftigungsduldung".
Details
Prerequisite
- You entered Germany by 31 December 2022.
- You have been in Germany for at least twelve months without interruption with a tolerated stay permit.
- Your identity and the identity of your spouse or partner have been fully clarified or you have demonstrably done everything reasonable to obtain a valid passport or passport substitute.
- You have been in employment subject to social insurance contributions for at least twelve months with regular working hours of at least 20 hours per week. You do not necessarily have to have been employed by the same employer for twelve months. Short-term interruptions for which you are not responsible are not taken into account.
- You have been able to secure your own livelihood in the last twelve months through your employment and were not dependent on social benefits. Short-term interruptions for which you are not responsible can be disregarded.
- You will be able to support yourself independently through your employment in the future.
- You have sufficient oral knowledge of the German language (this corresponds to at least level A 2 of the Common European Framework of Reference for Languages).
- You and your spouse/partner have not committed any serious, intentional criminal offences in Germany and have not been sentenced to more than one year's imprisonment.
- You and your spouse/partner have no links to extremist or terrorist organisations and do not support them.
- There is no deportation order and no deportation order against you.
- The children of school age living with you in the same household attend school.
- The children living with you in the same household have not yet been convicted of one or more intentional criminal offences and sentenced to at least six months' imprisonment or a juvenile sentence of at least one year and the execution of the juvenile sentence has not been suspended. Similarly, you must not have been convicted of an intentional offence against Section 29(1)(1) of the Narcotics Act.
- Your stay will not impair or jeopardise the interests of the Federal Republic of Germany.
- You have successfully taken part in an integration course (if you were obliged to do so by the immigration authority and a place on the course was actually available).
The documents and information must always be submitted in German. In individual cases, the foreigners authority may request further proof.
Please note: The "Beschäftigungsduldung" will be revoked if one of the requirements is no longer met.
Procedure
- Find out whether your foreigners authority allows you to apply online or has a special application form.
- If the application can only be made in person, make an appointment at the immigration office. Please bring your documents with you to the appointment, preferably in the original. If you apply online, the foreigners authority will contact you after receiving your application to arrange an appointment.
- The Karlsruhe Regional Council will then check whether you can be granted tolerated employment.
- If your application is approved, you will be issued with the "Beschäftigungsduldung" at a further appointment via the Foreigners' Registration Office. If your application is rejected, you will receive a notice of rejection. In this case, you may only continue to work as long as you have a work permit.
Deadlines
Application deadline
There is no deadline for submitting an application. However, it is recommended that you apply to the Aliens' Registration Office as soon as the requirements are met.
Period of validity :
Employment toleration is generally granted for 30 months. However, the period of validity may vary due to individual circumstances (for example, if an employment contract with a shorter duration is presented).
The "Beschäftigungsduldung" can be extended. The extension should be applied for at the Foreigners' Registration Office in good time before the expiry date. If the requirements are met, you can apply for a residence permit following the employment toleration.
Required documents
- Recognised and valid identity document (e.g. passport, passport substitute, identity card)
- Current residence document (tolerated stay permit)
- Current biometric photo in passport format (45 x 35 mm)
- Proof of twelve months' employment subject to social security contributions (proof of income for the last twelve months)
- Proof of livelihood security
- For employees: Employment contract, current certificate of employment (not older than 14 days), current pension insurance history
- For self-employed persons: tax assessment, business analysis, extract from the commercial register
- If you also receive social benefits: current notifications (e.g. BAföG benefits, child or parental allowance)
- Proof of rent amount
- Proof of the required language skills (language certificate)
- Proof of participation in the integration course, if there was an obligation to participate and a course place was actually available
- For families with school-age children: Proof of actual school attendance (school certificate, school reports)
Proof must always be submitted in German. In the case of non-German documents, an official translation may be required.
In individual cases, the Immigration Office may require fewer or more documents.
Please submit your documents to the authority in full and on time. Documents submitted late may be subject to longer processing times.
Costs
The fee for the issuance of the "Beschäftigungsduldung" is
- eUR 62.00 for the issue with carrier form
Processing time
The processing time may vary depending on the capacity utilisation of the foreigners authority.
Miscellaneous
- The "Beschäftigungsduldung" is not a residence permit. This means that you are still required to leave the country even if you have a tolerated stay permit.
- You are not allowed to travel abroad with a tolerated stay permit.
- There are no qualification requirements for the required employment subject to social security contributions.
- A residence permit can be issued following the tolerated stay permit under certain conditions.
- If the employment relationship ends, you and your employer are obliged to inform the responsible immigration authority within two weeks. Failure to comply with this notification obligation is punishable by a fine.
- If you are under investigation on suspicion of a criminal offence, the decision to grant or extend the tolerated employment permit will be suspended until the proceedings have been concluded or, in the case of a court decision, until it becomes final, unless a decision on the tolerated employment permit can be made regardless of the outcome of the proceedings.
- The tolerated employment permit will be revoked if the requirements are no longer met.
- The procedure is usually conducted in German. If you have insufficient knowledge of German, you are advised to speak to a person who can act as a translator.
- All information provided to the Foreigners' Registration Office should be correct and complete to the best of your knowledge and belief so that your application can be processed without major delays.
- Incorrect or incomplete information can slow down the procedure and be to your disadvantage. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of previously granted tolerated stays, a fine, a prison sentence of up to three years or expulsion from the federal territory.
- Due to the complexity of residence law, this description is for information purposes only and is not legally binding.
Legal basis
Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet (Aufenthaltsgesetz - AufenthG):
- § 60a Vorübergehende Aussetzung der Abschiebung (Duldung)
- § 60d Beschäftigungsduldung
- § 79 Entscheidung über den Aufenthalt
Release note
Machine generated, based on the German release by: Justizministerium Baden-Württemberg, 02.03.2026