Suspension of Deportation
A “Duldung” is not a residence title, but only a certificate of a “temporary” suspension of deportation. Nonetheless, for many who can not obtain a residence permit, being tolerated is the last hope of a temporary stay in Germany.
You are entitled to get a “Duldung” if there are legal or factual reasons which hinder the deportation, for example:
- There are no air connections to the home country
- a required passport is not (yet) available to the foreigners authority
- life-threatening health reasons
- late pregnacy
After a suspension of deportation of 18 months at the most, a (humanitarian) residence permit should be issued. In practice, however, it is not uncommon that even over several years only a Duldung is extended. This is often justified by the foreigners authority with the argument that you have caused a deportation obstacle yourself by not applying for a required passport.
An employment can basically permitted with a “Duldung” after a period of 3 months. However, this does not apply if the obstacle of deportation is caused by yourself. In this case, a work ban is almost unlimited.
If a “Duldung” is not granted or renewed and a “Grenzübertrittsbescheinigung” is issued instead, a deportation can be imminent. Whether a deportation can be prevented by going to Court depends on the individual case. Anyway it is necessary to contact to a counseling center or a lawyer immediately!
Our expert in this field is Specialist Lawyer for Immigration Law Marten Kaspar.