Tolerance

You will receive a toleration document informing you that your deportation has been suspended. This is not a substitute for a passport, but merely a certificate of your registration by the immigration authorities. It confirms legal residence despite the obligation to leave the country.

Because you are obliged to leave the country, you will only receive your passport back when you leave the country.

Without a residence permit, you are not entitled to attend an integration course free of charge. However, you can still try to be admitted to the course if there are places available.

Refugees with a discretionary tolerated stay permit, on the other hand, can be obliged to attend an integration course.

You are subject to the residence obligation, in this case to the city of Jena. You may still be obliged to live in a specific shared or collective accommodation.

There are currently no explicit regulations on accommodation in Jena. Decisions are made on a case-by-case basis and you will live in accommodation or apartments depending on capacity. In principle, it is assumed that a family - even if the children are over 18 years old - will be accommodated together.

Rental costs are covered by the Social Services Department under the Asylum Seekers' Benefits Act.

Tolerated persons from safe countries of origin

In general, special conditions apply to citizens from safe countries of origin, i.e. Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal and Serbia, who submit their asylum application after 31.08.2015.

They usually have to live in reception facilities during the entire asylum procedure and in certain cases this requirement remains in place until they leave the country.

If special circumstances make it necessary to move into an apartment, these must be sufficiently explained in an application.

You can find more information about your access to work,training or studies at in the relevant section.

The electronic health card for refugees remains valid for you with the tolerated stay permit. This means that you still have access to the benefits associated with the card.

You will only become a regular member of a health insurance fund if you take up employment subject to social insurance contributions. You will then receive an insurance card and all statutory health insurance benefits.

This also applies if you still receive supplementary social benefits under the Asylum Seekers' Benefits Act due to low income.

If you stop working at a later date, you will only remain a member of the health insurance fund if you are entitled to unemployment benefit I.

General information on family reunification and reunification with a tolerated family member can be found in the Family section.

With a tolerated stay permit, you will receive what you need for everyday life. Your care is regulated by the Asylum Seekers' Benefits Act.

As a rule, you will receive basic benefits for at least 15 months, after which you will receive social benefits in accordance with the provisions of social assistance, but in accordance with the Asylum Seekers' Benefits Act.

You are only entitled to unemployment benefit I after a longer period of employment subject to social insurance contributions, but not to unemployment benefit II.

You are generally obliged to comply with the provisions associated with the tolerated stay.

If your asylum application is rejected, you are obliged to either leave the country voluntarily or to cooperate in making it possible for you to leave the country. Your obligations include, for example, providing your personal details correctly and taking care of your passport or other documents if you are asked to do so.

Failure to cooperate can have unpleasant consequences for you, such as a ban on working and a reduction in benefits.

You are also subject to the same obligations as all other German residents.

After your first application for asylum has been rejected, you generally have the option of submitting a second application as a follow-up application.

In general, a follow-up application is only advisable if the reasons for fleeing have become more serious or if you can assert new aspects that speak in favor of recognition.

Otherwise, the Federal Office for Migration and Refugees (BAMF) will refuse to re-examine your application because the factual and legal situation has not changed compared to the first procedure.

If you are already obliged to leave the country, this decision will not change anything.

Even if your asylum application has been rejected, there are possible ways out of the tolerated stay in addition to the subsequent asylum application:

• Residence on humanitarian grounds
• Hardship application
• Right of residence for well-integrated young people
• Residence permit for sustainable integration
• Tolerated stay for education
• Discretionary toleration for urgent humanitarian or personal reasons
• Residence for qualified tolerated persons for the purpose of employment
• Opportunity right of residence

Under certain conditions, you can obtain a permanent right of residence from a tolerated stay via the right of residence opportunity in accordance with § 104c AufenthG.

If you have

• have had a tolerated stay for at least 5 years,
• have not committed a criminal offense and
• are committed to the German version,

you can apply once for a residence permit for 18 months. The time before the tolerated stay (Duldung light) will be taken into account.

During these 18 months, you should endeavor to meet all the requirements for a permanent right of residence in accordance with §§ 25a and 25b AufenthG. If you are unable to meet the requirements, you will revert to a tolerated stay after the 18 months.

Please seek advice on your individual situation, opportunities and risks before submitting your application!