Applying for Tolerated Stay - when deportation can be suspended

Applying for tolerated stay - when deportation can be suspended

If a person is required to leave Germany but cannot or must not be deported for legal or factual reasons, tolerated stay may be possible under certain conditions. In Germany, this is called a Duldung. It is not a residence permit. However, it means that deportation is temporarily suspended.

For the person affected, this can be decisive. Tolerated stay can prevent deportation from being carried out at short notice. It can also create time to obtain documents, clarify medical reasons, prove family ties or examine a later residence perspective.

However, tolerated stay does not arise automatically simply because someone lives in Germany or does not want to leave. It must be legally justified and supported by evidence.

"Tolerated stay is not a secure residence permit, but in an acute deportation situation it can be decisive. The key is to identify the correct reason for tolerated stay and prove it properly."

— Tom Beisel, Attorney at Law (Germany)

Attorney Tom Beisel assists people with applying for and extending tolerated stay, imminent deportation, illness, family ties, vocational training, employment, missing passports and long-term residence perspectives.

What is tolerated stay?

Tolerated stay means that an existing obligation to leave Germany is temporarily not enforced by deportation. The person generally remains required to leave, but deportation is suspended for a certain period.

This is important to understand:

• →Tolerated stay is not a residence permit.
• →It does not make the stay fully lawful.
• →It only temporarily suspends deportation.
• →It can be limited in time and extended.
• →It can be linked to conditions.
• →It can end if the reason no longer exists.
• →In some cases, it can later lead to a residence perspective.

Many people confuse tolerated stay with a residence permit. That is dangerous. Tolerated stay protects only as long as the reason for it exists and the authority or court actually suspends deportation.

When can tolerated stay be considered?

Tolerated stay may be considered if deportation is impossible for factual or legal reasons, or if urgent humanitarian or personal reasons temporarily speak against deportation.

Typical reasons may include:

• →serious illness
• →inability to travel
• →pregnancy
• →missing travel documents
• →unclear identity
• →family ties in Germany
• →minor children
• →ongoing vocational training
• →employment under certain conditions
• →pending court proceedings
• →short-term factual obstacles to deportation
• →humanitarian reasons
• →lack of flight connection or factual impossibility
• →temporary suspension due to special personal circumstances

Not every difficult life situation is automatically enough. The decisive question is whether there is a legally relevant reason against deportation and whether it can be proven.

Tolerated stay due to illness

Tolerated stay due to illness may be possible if deportation is temporarily impossible or unreasonable for health reasons. Authorities and courts examine such cases very carefully.

Not every illness leads to tolerated stay. The illness must be specific, current and serious.

Important points include:

• →exact diagnosis
• →severity of the illness
• →current health condition
• →ongoing treatment
• →necessary medication
• →consequences if treatment is interrupted
• →ability to travel
• →risks during deportation
• →risk of serious deterioration
• →treatment options in the destination state
• →concrete danger upon return

Mental illness and suicide risk

Cases involving mental illness, trauma-related disorders or suicide risk are particularly sensitive. General psychological distress is usually not enough. It must be explained concretely what danger exists and why deportation would significantly worsen the situation.

Relevant points may include:

• →severe depression
• →post-traumatic stress disorder
• →acute suicidality
• →previous suicide attempts
• →inpatient treatment
• →ongoing psychotherapy
• →medication adjustment
• →concrete crises triggered by deportation warnings
• →lack of treatment options in the destination state
• →risk of retraumatisation

Current and meaningful documents from doctors, clinics or therapists are essential. The more imminent the deportation risk, the faster these documents must be secured.

Tolerated stay due to family and children

Family ties can be an important reason to suspend deportation temporarily. This applies especially if spouses, minor children or relatives in need of care live in Germany.

It must be checked in particular:

• →Are there spouses or children in Germany?
• →What residence status do these persons have?
• →Is there an actual family life?
• →Would deportation separate the family?
• →Are minor children affected?
• →Who actually cares for the children?
• →Are there special dependencies?
• →Is there illness, disability or need for care?
• →Were the best interests of the child sufficiently considered?

Important evidence may include:

• →birth certificates
• →marriage certificates
• →registration certificates
• →residence permits of family members
• →acknowledgement of paternity
• →custody documents
• →school or kindergarten certificates
• →medical documents
• →proof of care, support or financial responsibility

Especially where children are affected, the authority must not decide only formally. The best interests of the child must be examined seriously and individually.

Tolerated stay due to missing documents or missing passport

Deportation may be factually impossible if no travel documents exist and the destination state does not accept the person. In such cases, tolerated stay may be considered.

However, caution is required: having no passport does not automatically help. The immigration authority often checks very closely whether the person is sufficiently cooperating in clarifying identity and obtaining a passport.

Important documents and evidence may include:

• →existing identity documents
• →birth certificates
• →old passports
• →identity cards
• →family registers
• →school or military documents
• →embassy appointments
• →proof of passport applications
• →correspondence with authorities
• →efforts to obtain documents
• →explanations why documents cannot be obtained

Tolerated stay with unclear identity

If identity is unclear or passport procurement is not pursued sufficiently, this can have serious consequences. Tolerated stay may then be linked to special restrictions.

Problems may arise in cases of:

• →missing identity documents
• →contradictory statements
• →missed embassy appointments
• →lack of cooperation in passport procurement
• →unclear country of origin
• →suspicion of false information
• →failure to submit available documents

It should therefore be checked early which cooperation is actually required and which documents can realistically be obtained. Not every demand by the authority is automatically possible to fulfil. But the person’s own efforts must be documented.

Tolerated stay for vocational training

Tolerated stay for vocational training can be important for people who have started or are about to start qualified vocational training. It can prevent deportation during training and may become an important bridge to a later residence perspective.

It must be checked in particular:

• →Is there a vocational training contract?
• →Is it qualified vocational training?
• →Has the training already started or is it specifically planned?
• →Is identity clarified or was it clarified in time?
• →Are there exclusion grounds?
• →Are there criminal offences?
• →Was the training reported in time?
• →Is there already concrete deportation risk?
• →Has the authority approved or reviewed the case?

Important documents include:

• →vocational training contract
• →registration confirmation by the chamber
• →school or vocational school certificate
• →identity documents
• →proof of passport procurement
• →CV
• →language certificates
• →confirmation by the training company
• →previous tolerated stay documents
• →letters from the immigration authority

Tolerated stay for employment

Tolerated stay for employment may be relevant for well-integrated persons who are required to leave Germany but are working. It is subject to strict requirements and must be reviewed carefully.

Relevant factors may include:

• →longer residence in Germany
• →clarified identity
• →existing employment
• →ability to secure livelihood
• →sufficient working hours
• →German language skills
• →no serious criminal offences
• →fulfilment of cooperation duties
• →no deception regarding identity or nationality
• →evidence of integration

Important documents include:

• →employment contract
• →payslips
• →employer confirmation
• →social security records
• →rental contract
• →registration certificate
• →language certificates
• →identity documents
• →proof of passport procurement
• →tax documents
• →proof of family ties

Work alone is not automatically enough. The decisive question is whether the legal requirements are fulfilled.

Tolerated stay due to pregnancy

Pregnancy may be a reason to temporarily suspend deportation. This applies especially in the period before and after birth or in cases of high-risk pregnancy.

Important points include:

• →proof of pregnancy
• →expected date of birth
• →week of pregnancy
• →medical care
• →high-risk pregnancy
• →inability to travel
• →family support in Germany
• →medical care
• →situation of the child’s father or family
• →residence status of family members

Pregnancy should be documented early. Especially in cases of acute deportation risk, medical documents should be submitted immediately.

Tolerated stay due to pending court proceedings

Pending court proceedings may, depending on the situation, prevent deportation or at least make urgent legal protection necessary.

However, not every pending case automatically protects against deportation.

It must be checked:

• →Which lawsuit is pending?
• →Does the lawsuit have suspensive effect?
• →Has an urgent application been filed?
• →Is there an interim court decision?
• →Has the immigration authority been informed?
• →Are there new reasons?
• →Is deportation still legally possible despite the proceedings?
• →Must tolerated stay also be requested?

Many mistakes happen here. People often believe that a pending court case is enough. That is not always true.

Tolerated stay and permission to work

Tolerated stay does not automatically mean that employment is allowed. Whether work is permitted depends on the specific tolerated stay document, the conditions attached to it and the decision of the immigration authority.

Important questions include:

• →Does the document contain an employment ban?
• →Is employment permitted only with approval?
• →Must a specific work permit be requested?
• →Are there reasons for an employment ban?
• →Is identity clarified?
• →Have cooperation duties been fulfilled?
• →Is there an employment contract?
• →Is approval by another authority required?

Anyone who wants to work with tolerated stay should have the conditions checked carefully. An unclear or wrong assumption can create problems.

Tolerated stay and residence restrictions

Tolerated stay may be linked to conditions. These may include residence obligations, geographical restrictions or reporting duties.

Important questions include:

• →Where is the person allowed to live?
• →May the person leave the district or federal state?
• →Is there a residence requirement?
• →Is there a reporting duty?
• →Can a change be requested?
• →Are there family, health or work-related reasons for a change?
• →What are the consequences of a violation?

Conditions should be taken seriously. Violations can later be used against the person.

Extension of tolerated stay

Tolerated stay is usually limited in time. It must therefore be checked before expiry whether it can be extended.

Important questions include:

• →When does the current tolerated stay expire?
• →Does the reason for tolerated stay still exist?
• →Are new documents required?
• →Was the authority contacted in time?
• →Are there new requirements?
• →Has the situation changed?
• →Is there now a residence perspective?
• →Is deportation likely if it is not extended?

What if tolerated stay is not extended?

If the immigration authority does not extend tolerated stay or announces that deportation will be prepared, it must be checked immediately whether legal steps are necessary.

Depending on the case, possible steps may include:

• →renewed reasoned application for tolerated stay
• →submission of missing documents
• →medical evidence
• →proof of family or children
• →application for suspension of deportation
• →urgent application to the administrative court
• →application for a residence permit
• →review of vocational training or employment tolerated stay
• →review of deportation bans
• →hardship application
• →subsequent asylum application

If tolerated stay is not extended, the situation can become acute quickly. Then speed matters.

Can tolerated stay lead to a residence permit?

Tolerated stay itself is not a residence permit. However, after a longer period of tolerated stay, a residence perspective may arise under certain conditions.

Possible routes may include:

• →residence permit for well-integrated young people and young adults
• →residence permit based on sustainable integration
• →residence for vocational training
• →residence for employment
• →opportunity residence
• →family-based residence
• →humanitarian residence permits
• →residence due to illness
• →hardship procedure

Whether such a path is available depends heavily on the individual case. Especially important are length of residence, clarification of identity, language skills, livelihood, criminal record, school, vocational training, work and family ties.

Opportunity residence and integration

For people who have been tolerated for many years, a residence perspective based on integration can be particularly important. It is not enough simply to have lived in Germany for a long time. The legal requirements must be fulfilled and the necessary evidence must be available.

Important factors may include:

• →length of residence
• →clarified identity
• →language skills
• →livelihood
• →school or vocational training
• →employment
• →no serious criminal offences
• →commitment to the free democratic basic order
• →efforts to obtain passport and documents
• →family ties
• →sustainable integration

Tolerated stay should therefore not simply be managed passively. It should be checked whether a real residence perspective can be developed from it.

Typical mistakes when applying for tolerated stay

Many applications for tolerated stay fail not only because of the law, but because of poor preparation.

Typical mistakes include:

• →applying too late
• →merely asking generally for postponement
• →not submitting evidence
• →not proving illness sufficiently
• →not documenting passport efforts
• →not proving family ties
• →submitting incomplete work or training documents
• →ignoring letters from the immigration authority
• →missing deadlines
• →making false statements
• →not reading the conditions attached to tolerated stay
• →not checking whether an urgent court application is also necessary

Which documents does the lawyer need?

Complete documents are important for reviewing an application for tolerated stay.

Depending on the case, the following may be needed:

• →current tolerated stay document
• →previous tolerated stay documents
• →deportation warning
• →BAMF decisions
• →court decisions
• →letters from the immigration authority
• →passport or substitute passport
• →identity documents
• →birth certificates
• →marriage certificates
• →registration certificates
• →proof of family
• →medical certificates
• →hospital reports
• →psychological reports
• →employment contract
• →payslips
• →vocational training contract
• →school certificates
• →language certificates
• →proof of passport procurement
• →proof of integration
• →criminal record information, where available or relevant

If individual documents are missing, action should still be taken early. Missing evidence can often be submitted later. But if deportation is imminent, time continues to run.

Typical legal assistance

Legal assistance in tolerated stay cases may include:

• →review of current deportation risk
• →review of the obligation to leave
• →application for tolerated stay
• →application for extension of tolerated stay
• →legal reasoning for medical tolerated stay
• →preparation of family-related arguments
• →review of tolerated stay for vocational training
• →review of tolerated stay for employment
• →communication with the immigration authority
• →application for work permission
• →review of conditions attached to tolerated stay
• →urgent application to the administrative court
• →review of deportation bans
• →review of long-term residence perspectives
• →hardship application
• →subsequent asylum application or reopening of proceedings

The goal is not only to gain time short-term. The goal is to identify and build the strongest legal perspective.

What you should do now

If you want to apply for tolerated stay or have it extended:

• →check the expiry date of the current document
• →secure all letters from the immigration authority
• →keep the deportation warning ready
• →collect all identity documents
• →document efforts to obtain a passport
• →update medical documents
• →prove family ties in Germany
• →secure work or vocational training documents
• →note all deadlines
• →do not wait until the last day
• →have it checked whether an urgent court application is also necessary

The earlier the application is prepared, the better it is possible to respond to questions from the authority.

FAQ - tolerated stay in Germany

What is tolerated stay?

Tolerated stay is the temporary suspension of deportation. It is not a residence permit. The obligation to leave generally remains, but deportation is temporarily not enforced.

When can I apply for tolerated stay?

Tolerated stay can be requested if deportation is impossible for legal or factual reasons, or if urgent humanitarian or personal reasons temporarily speak against deportation.

Can illness lead to tolerated stay?

Yes, in certain cases. Specific, current and meaningful medical documents are decisive. Not every illness is sufficient.

Can family in Germany justify tolerated stay?

Yes, family ties may be relevant, especially in cases involving spouses, minor children or special dependency. However, the family situation must be proven.

Does having no passport help with tolerated stay?

Missing documents can make deportation factually impossible. At the same time, the person usually has to cooperate in clarifying identity and obtaining a passport.

Am I allowed to work with tolerated stay?

Not automatically. It depends on the conditions stated in the tolerated stay document and the decision of the immigration authority. Employment often has to be expressly permitted.

What is tolerated stay for vocational training?

Tolerated stay for vocational training can prevent deportation during qualified vocational training if the legal requirements are fulfilled.

What is tolerated stay for employment?

Tolerated stay for employment may be relevant for certain well-integrated persons who are required to leave Germany but are employed. It is subject to strict requirements.

What happens when tolerated stay expires?

If tolerated stay expires and is not extended, deportation risk may increase. The extension should therefore be prepared in time.

Can tolerated stay later lead to a residence permit?

Yes, under certain conditions, tolerated stay may later lead to a residence perspective, for example through integration, vocational training, work, family or humanitarian reasons.

Contact - lawyer for tolerated stay and deportation protection

Do you want to apply for tolerated stay? Is your tolerated stay about to expire? Is the immigration authority refusing to extend it? Are you or a family member at risk of deportation?

Attorney Tom Beisel reviews reasons for tolerated stay, illness, family, missing passport, vocational training, employment, urgent court applications and possible residence perspectives.

• →Mobile: +49 172 8974716
• →Office: 0201 4517 380
• →Email: kanzlei@rechtsanwalt-beisel.de
• →Address: Bredeneyer Str. 2b, 45133 Essen

Immigration law representation in German, English and Russian - clear, personal and nationwide.