Duldung is an important factor in German immigration law and has an impact on the lives of many people in Germany. In this article, we look at what a Duldung means, who is entitled to it, and the legal implications.
What is a toleration?
A tolerance is no residence permit, but a temporary suspension of deportation by foreigners who would actually be obliged to leave the country. She is from the immigration authorities granted if a deportation cannot be carried out temporarily for legal or factual reasons.
The Duldung allows the person concerned to remain temporarily in Germany until the reasons for the suspension of the deportation no longer exist. However, it comes with limitations, such as limited access to the labor market and social benefits.
Prerequisites for the toleration
The toleration is usually granted under certain conditions:
- Legal or factual obstacles to deportation: These can exist, for example, if the foreigner is threatened with torture or the death penalty in his home country, if there are no travel documents or if the person concerned is unable to travel for health reasons.
- No participation in the obstacle to deportation: Duldung is usually only granted if the person concerned is not responsible for the obstacle to deportation.
Legal Consequences of Toleration
The toleration has a number of legal consequences for those affected:
- Residence Restrictions: People with Duldung can often only live and travel in a certain geographical area. As a rule, they are not allowed to leave the assigned area without permission.
- Restricted access to the labor market: Persons with a Duldung often only have limited access to the labor market. As a rule, they may only take up employment after a waiting period of three months and require the approval of the immigration authorities and the Federal Employment Agency.
- Social benefits: Persons with “Duldung” are generally entitled to benefits according to the Asylum Seekers Benefits Actwho are below the welfare level.
Toleration is an important part of German immigration law. It offers people who are actually obliged to leave the country temporary protection against deportation. At the same time, it comes with significant limitations. It is important that people who receive a toleration are aware of their rights and obligations and seek appropriate legal advice.