“Beschäftigungsduldung” (Exceptional Leave to Pursue Employment)

If you have been granted an Exceptional Leave to Remain, entered Germany before 01.08.2018 and are in an employment relationship, it is possible to obtain an Exceptional Leave to Pursue Employment for you and your spouse or life partner under certain circumstances. The Exceptional Leave to Pursue Employment is granted for 30 months and may constitute a first step towards a residence permit. It is regulated by law in Section 60d AufenthG (German Residence Act).

The regulation is limited until 31.12.2023, i.e. applications may be submitted until this date at the latest.

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

Requirements

The following requirements, among others, must be fulfilled before an Exceptional Leave to Pursue Employment can be granted:

• Entry before the cut-off date of 01.08.2018
• Identity has been clarified within the applicable deadlines
• Possession of an Exceptional Leave to Remain with employment permit for at least twelve months
• Work in a field subject to social insurance contributions

1. Employment must have existed for at least 18 months with one or more employers
2. The regular working time must be or should have been at least 35 hours per week; a lesser regular working time of at least 20 hours per week applies to single parents.
3. Said employment should have generated an income that is sufficient to cover living expenses.

• No criminal conviction for a criminal offence committed intentionally within the territory of the Federal Republic of Germany exists
• No links to extremist or terrorist organisations exist
• Sufficient knowledge of the German language (A2 level)
• Successful completion of an integration course, if attendance was compulsory
• Current school attendance of school-age children

All requirements must be met. No exceptions to the fulfilment of these requirements may be made.

Grounds for exclusion

You will not be granted an Exceptional Leave to Pursue Employment 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 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 Employment is successful, you and your spouse or life partner will be permitted to pursue employment for 30 months.

The Exceptional Leave to Pursue Employment will then specify that you are permitted to work for your current employer or to work in principle.

If you terminate your employment with your current employer, you have a maximum of three months to take up new employment.

If the employment relationship is terminated, both you and your employer are obliged to notify the foreign nationals office of said termination within two weeks. You and your employer will receive a corresponding information letter when the Exceptional Leave to Pursue Employment is granted.

The Exceptional Leave to Pursue Employment will be revoked if a condition relevant to its granting is no longer fulfilled.

Outlook

After the 30 months in which you were in possession of an Exceptional Leave to Pursue Employment have expired, the granting of a residence permit on the basis of sustainable integration in accordance with Section 25b AufenthG (German Residence Act) will be considered. This then also applies to your spouse or life partner and your children.