Today, the law on toleration (Duldung) in education and employment has been promulgated in the Federal Law Gazette. It will come into force on 1 January 2020. The law is part of the comprehensive migration package that was passed by “Upper House” (Bundesrat) on 28 June 2019 and by “Lower House” (Bundestag) on 07.06.2019.
the law guarantees foreigners whose deportation is temporarily suspended (so-called “Duldung”), under certain conditions will get a reliable residence status (Beschäftigungsduldung) for 30 months if they are undergoing vocational training or are employed. After this period, under certain conditions, they will be able to get “Aufenthaltserlaubnis” (residence permit).
According to further details, “Bundestag” (the lower house of the German parliament) passed on 07.06.2019 seven law regulations on asylum, deportations, and skilled labor immigration. The so-called “Migration Pack” brings more details for the Asylum seekers in Germany with a focus on new benefits and hard-line restrictions. The term for Asylum law”Geordnete-Rückkehr-Gesetz” (“Orderly Return Law”) may seem a tough act for asylum seekers but there are certain benefits that will allow them to stay a bit longer even if they have received deportation (conditions apply) order (Duldung).
Who can get “Beschäftigungsduldung” (the ones who are employed)?
In order to get Beschäftigungsduldung of 30 months, the asylum seekers must have the following conditions met:
- Entry into Germany before August 1, 2018
- Clear identity (for example having the correct name and country on Aufenthaltsgestattung)
- Duldung status for the last 12 months
- Employment/Job of at least 35 hours per week (single parent: 20 hours per week) for the last 18 months
- Independent security of livelihood
- Proof of sufficient knowledge of the spoken German language
- No conviction for an intentionally committed crime in Germany (with the exception of crimes that can only be committed by foreigners under the Residence Act or the Asylum Act)
- No references to extremist or terrorist organizations
- Basically successful completion of an integration course, if compulsory participation exists. Actual school attendance of school-age children
The unmarried children living in a family partnership with the foreigner also receive a Duldung for the same period.
“the scheme is limited to 31 December 2023. Applications can be submitted no later than this date”.
Who can get “Ausbildungsduldung”?
The existing regulations on Ausbildungsduldung have been revised. In the future, tuition can also be granted for training in a state-approved or similarly regulated assistance and helper profession, if a qualified training in a shortage is subsequently to be completed and a training commitment is available. For future Ausbildungsduldung:
- A waiting period of three months after the rejection of the asylum application is introduced.
- For foreigners who arrived in Germany before 1 January 2017, however, until October 2020 (ie for the next two training years) the three-month prior possession of Duldung will be waived.
- The identity of the Asylum seeker must also be clarified for the granting of Ausbildungsduldung.
- In addition to existing grounds for refusal under existing law, Ausbildungsduldung will in future be denied to foreigners with links to extremist or terrorist organizations.
Other major benefits for asylum seekers?
Some of them get a little more money (Sozialsgeld) because the cost of living has increased since the last adjustment. Single or single parents should receive 150 euros instead of 135 euros per month. However, the increase should be implemented as “cost-neutral”. This works by treating refugees who live in shared accommodation in the future as if they were living in a partnership. This means that for them the lower rule rate of about 136 Euro per month applies. In addition, single adults should live longer in initial reception centers – usually up to 18 months. So far, they are distributed to the municipalities after six months. People from so-called safe countries of origin and “identity denizens” should stay longer in large institutions. The time limit will be still shorter for families.
Deportations upgraded law
Hard lines have been drawn now for those who are to be deported from Germany. It is rather unlikely that significantly more rejected asylum seekers will be deported without toleration (Duldung). Due to custody rights before deportation, there will be now fewer chances for people to get away without being deported. The fact that some countries of origin are less cooperative in identifying and returning their citizens will not change the project. The government calls it “Orderly Return Law”. The refugee organization Pro Asyl speaks of the “Hau-ab-Gesetz” (“get lost law”).
- “asylum seekers who have received orders of deportation may face custody (to be kept in Jail) before deportation. There is a lack of deportation centers and normal prisoner jails will be used for the transitional period of 3 years. The ones who do not cooperate for deportation or who hide their real identities will also face the same. Social benefits (Sozialleistung) will also be cut off for such people”.
Work visas for Non-EU nationals
In many industries, there is a shortage of skilled workers. Installers, programmers, nurses – the list of trained professionals who are short in numbers is long. Although EU citizens are already allowed to work in Germany, they do so in large numbers. But they alone will probably not solve the skilled labor problem. Therefore, the entry requirements for skilled workers from other states should be relaxed somewhat. The previously applicable restriction on shortage occupations is eliminated. In addition, the employer no longer has to prove that he has not found a German or an EU citizen who could do the job.
“and because IT specialists are in high demand, there is a special regulation for them. They may also enter without training (apprenticeship or formal education) – provided they can prove that they have worked abroad for several years in the industry”.
Come to Germany for job finding (job seeker visa for skilled workers)
In addition, skilled migrant workers can come to Germany for 6 months to look for a job. So far, an employment contract was a prerequisite for entry or it was only possible for highly qualified people. However, according to estimates by migration researchers and trade unionists, the planned visa facilitation for skilled workers will not cause any significant changes in the immigration of foreign workers to Germany. The hurdles for non-EU states are still too high.
Read here complete information about new German Work Visa Law announced last month.
The official news link of Bundesregierung can be found by clicking here.