If an individual has been issued with “special leave to remain” status (Duldung), and therefore their right to stay remains uncertain, a “special leave to remain for the purpose of training” (Ausbildungsduldung) can be issued for the duration of the training. You cannot be deported during the period in which you have a “special leave to remain for the purpose of training”. After successfully completing your vocational training, you are generally entitled to a residence permit for a period of 2 years (3 + 2 regulation). However, this only applies if your work is also carried out in the profession in which the training was completed.

What do I have to do in order to obtain “special leave to remain for the purpose of training”?

The “special leave to remain for the purpose of training” must be applied for at the immigration office. You have to have a trainee position before applying. Depending on the training occupation and your own residence status, there are different requirements for the application.

Who is eligible for the “special leave to remain for the purpose of training”?

As of January 1 2020, the “special leave to remain for the purpose of training” will be considered for two groups: The first group concerns people whose application for asylum has already been rejected and who have been issued with “special leave to remain” (Duldung).  At the time of application, however, they must have been already in the possesion of the “special leave to remain” status for three months. This does not apply if the person entered Germany before December 31, 2016 and started the training before October 1, 2020. The second group concerns people, who are still in the asylum procedure, who have already started training and who want to continue the training after their application for asylum has been rejected. This means that people in the asylum procedure can continue their training without interruption, even after their application for asylum has been rejected. It is new that the “special leave to remain for the purpose of training” can now be granted not only for qualified vocational training, but under certain conditions also for specific one-year-long assistant training courses.

Important!  There are many different reasons why a “special leave to remain for the purpose of training” could not be granted. For example in the case of a general prohibition of employment (e.g. due to a so-called safe country of origin).  If a person's identity has not been clarified, this is also a reason to not grant the “special leave to remain for the purpose of training”.  For this reason, you should carefully inform yourself before applying whether or not the “special leave to remain for the purpose of training” is an option for you.

Further information at:

www.asyl.net/themen/bildung-und-arbeit/ausbildungsduldung;

www.asyl.net/view/detail/News/das-migrationspaket (Page 23-31)   

Are you allowed to change the training company?

Trainees are only allowed to change training positions once. The trainees however receive a one-off “special leave to remain” for a further six months in order to find a new training company.