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Duldung


The Duldung or “temporary suspension of deportation” is no Aufenthaltserlaubnis (temporary residence permit). It is a certificate which is issued for refugees who are obliged to leave Germany .

Duldung means that

An obligation to leave Germany arises if the reasons for escape in the asylum request were rejected and the rejection is legally binding.

Note: If you receive a notification on the legally binding rejection of your asylum application you should immediately inform the alien’s office in writing that you are willing to return voluntarily.

If there was no approval given in the asylum request, there can still be legal and de facto reasons for a necessary further stay in Germany .

An obligation to leave Germany also means that refugees have to cooperate actively in the acquisition of the passport.

If a departure is legally and de facto possible and is only not possible because the refugee is not willing to depart, the aliens department will deport (forced return) the refugee. The deportation will not be announced beforehand.

Whether an Aufenthaltserlaubnis can be granted and under which circumstances this may be done, can only be decided in individual cases. However, it is important that the refugee is not responsible for the impeded leave.

For information on leave and return, please click here.


What can be done?

If you receive a notification on the legally binding rejection in the asylum request, you should immediately call on an advice center or a lawyer.

The aliens department was also informed of the rejection in the asylum request. It will arrange with you for a date when you have to call on the aliens department, and it will confiscate the Aufenthaltsgestattung (temporary residence permit for the time of the asylum request) and issue a Duldung. Moreover you will be asked whether you have a passport and when you will leave Germany.

If you have no passport, you should explain the aliens department what you intend to do to acquire a passport. Moreover you should specify to the aliens department all reasons (illnesses, psychological problems, expected date of a graduation) for the necessity of a further stay in Germany. You should also give these reasons to the aliens department in writing. If you already have attestations from the doctor, a contract for a professional training or other certificates, you should enclose them to your letter.

The aliens department will assess the reasons brought forward and decide whether an Aufenthaltserlaubnis can be granted. You will receive the decision in writing.

Note: You should also give these reasons to the aliens department in writing. If you already have attestations from the doctor or other certificates, you should enclose them to your letter.

The aliens department will assess the reasons brought forward and decide whether an Aufenthaltserlaubnis can be granted. You will receive the decision in writing.

Note: If you do not agree with the decision, you can take legal action against it. In the “Rechtsmittelbelehrung” (instruction on right to appeal) on the last page of the notification you will find information on which court has to be addressed to and up to which date the action can be taken.

For information on social services and work, please click the respective links