“Ausbildungsduldung” (Exceptional Leave to Pursue Vocational Training)

If you are in possession of an Exceptional Leave to Remain and wish to pursue vocational training, you may be granted an Exceptional Leave to Pursue Vocational Training under certain circumstances. The Exceptional Leave to Pursue Vocational Training may constitute a first step towards a residence permit. It is regulated in Section 60c AufenthG (German Residence Act).

The following pages contain further information about the Exceptional Leave to Pursue Vocational Training.

Requirements

Among others, the following requirements must be met in order to obtain an Exceptional Leave to Pursue Vocational Training:

• Embarking on or completing qualified vocational training in a state-recognised or comparable occupation (duration of training at least two years) or
• Embarking on or completing assistant training in a state-recognised or comparably regulated training occupation which is followed by qualified vocational training in a state-recognised or comparably regulated training occupation for which the Federal Employment Agency has identified a shortage and for which a training position has been granted.

All requirements must be met. There are no exceptions. If you are not sure whether you meet the requirements, please do not hesitate to ask us.

Grounds for exclusion

You will not be granted an Exceptional Leave to Pursue Vocational Training if one of the following criteria is met:

• Your Exceptional Leave to Remain additionally states “for persons of unclear identity” and/or includes the ancillary provision “paid employment not permitted”
• You have not held an Exceptional Leave to Remain for three months at the time of applying for the Exceptional Leave to Pursue Vocational Training, unless you started the training as an asylum seeker
• Your identity was not clarified within the applicable time limits
• You hold a conviction for one or more intentional criminal offences totalling more than 50 daily fines in lieu of time in prison
• Ties to or support for extremist or terrorist organisations exist
• Specific measures to terminate residence are imminent
• You are in possession of a temporary residence permit, residence permit or settlement permit

Period of validity

If your application for an Exceptional Leave to Pursue Vocational Training is successful, you and, if applicable, your family members will be granted Exceptional Leave to Remain for the duration of the training.

The Exceptional Leave to Pursue Vocational Training will specify the fact that you are permitted to train with your training organisation of choice.

If you want to change your training organisation, please let us know in good time so that we can alter your Exceptional Leave to Pursue Vocational Training accordingly.

Your training organisation will receive an information letter when you are granted an Exceptional Leave to Pursue Vocational Training, and is obliged to inform the foreign nationals office if the training relationship is terminated prematurely or discontinued.

The Exceptional Leave to Pursue Vocational Training expires by law if you are convicted of an intentional criminal offence committed within the territory of the Federal Republic of Germany (over 50 daily fines in lieu of time in prison) or if you have links to or support extremist or terrorist organisations.

Lost your training position, what next?

If you lose your training position or discontinue your training, your Exceptional Leave to Pursue Vocational Training will expire and is no longer valid.

However, you may be granted an Exceptional Leave to Remain for six months in order to give you the opportunity to find a new training position. If you do not find a suitable training position within the six months, the authorities will check whether other reasons for exceptional leave exist or whether you will have to leave Germany.

Outlook

After successfully completing your vocational training, you will be granted an Exceptional Leave to Remain for six months in order to give you the opportunity to find a job that corresponds to your training. If you do not find a suitable job within the six months, the authorities will also check whether other reasons for exceptional leave exist or whether you will have to leave Germany.

If you are taken on by your training company after successfully completing your training or if you find a suitable job soon after completing your training, the granting of a residence permit as a qualified holder of an Exceptional Leave to Remain can be examined for you.